New Enforcement Powers

Following recent amendments to the Child Care Act 1991, as amended (the Act), the Early Years Inspectorate has been given additional powers for enforcement, and where risk of harm to children is identified in an early years service.

The following powers were enacted on the 1st January 2026. The Inspectorate is planning on implementing these additional powers from the 30th March 2026 but reserves the right to use all lawful powers available to it where deemed necessary in the interests of the health, safety and welfare of children.

Key Points

• The powers of the Inspectorate will be used in the interests of children, and their use will be subject to strict control and oversight.
• The new powers are in addition to other enforcement tools, such as the attachment of conditions to a registration.
• The current practice of issuing Immediate Action Notices will be stood down from the 30th March 2026.
• The amendments to the Act include a mechanism for the Inspectorate to bring the issuing of notices and orders to the attention of the public. Publication of the decisions will be via the Inspection Report, the Inspectorate website, or both.
• The amendments to the Act create new offences of failing to comply with any of the Orders described above.
• The Early Years Inspectorate, through its Inspectors and Enforcement Department will engage with providers when an enforcement power is used or contemplated to ensure the provider is fully aware of the process, reasons, and next steps.

How to prepare

• Familiarise yourself with the law, sections 58JA, 58JB, , 58JC, 58JD, and 58JE refer to the new powers.
• We have published a new guidance document which you can access here ….
• We recorded the recent webinar on the New Enforcement Powers which can be accessed here …

Queries during the transition period can be sent to rpdd@tusla.ie. Please note that this email should not be used where a notice has been issued and should not contain any specific service or personal information. The RPDD will seek to answer the query if possible and will compile a FAQ for inclusion on this page in due course.

Resources
	Guidance for the Early Years Sector on Statutory Notices and Orders February 2026 This document is intended to provide information and guidance to Registered Providers of early years services (including childminders), and management and staff in early years services on Statutory Notices and Orders.
		Webinar on the new enforcement powers Presentation February 2026