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 will advise of when specific actions will be implemented 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. Further detail concerning each power will be provided shortly.
Improvement Notice/Order
An Improvement Notice is a written notice that may be issued to a registered provider where an inspector identifies an issue of significant concern that in their opinion will or is likely to pose a risk of harm to a child if the issue persists. An improvement notice will identify the issue, require that action is taken to address the issue, and specify a time limit to address the issue. If not complied with, the Inspectorate can ask the District Court to enforce compliance by issuing an Improvement Order.
Immediate Action Notice/Order
An immediate action notice is a written notice that may be issued to a registered provider where an inspector is of the opinion that immediate action is required by the registered provider in order to address an issue that poses an immediate risk of harm to a child. An immediate action notice will identify the issue, require that action is taken to address the issue, and specify a time limit to address the issue. If not complied with, the Inspectorate can ask the District Court to enforce compliance by issuing an Immediate Action Order.
Temporary Prohibition Order
A Temporary Prohibition Order is a written notice issued by the Inspectorate where we are of the opinion that there is an immediate and grave risk to the health, safety, or welfare of children should the service continue to operate. The Inspectorate can temporarily close a service for up to 6 weeks (extendable to 12 weeks). The service can only reopen once the Inspectorate is satisfied that the matter of concern has been fully resolved.
Closure Order
On application by the Inspectorate, the District Court can permanently close a service if it fails to comply with a Temporary Prohibition Order or if it is operating without registration.
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 in due course and transitioned to the new statutory notices.
- 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.
- Improvement Notices and Immediate Action Notices will be included in inspection reports
- Orders will be included in a dedicated page of the Inspectorate website
- 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, 58JC, 58JD, and 58JE refer to the new powers.
- Note that the notices will be issued due to a risk (immediate or likely) identified by an Inspector. Issues that currently result in an Immediate Action Notice will likely result in a new Improvement or Immediate Action Notice.
- Review and update risk assessments.
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.