Review of the Child Care (Pre-school Services) Regulations, 1996

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Submission on behalf of the Early Childhood Programme Pavee Point To the Review Group Child Care Policy Unit Department of health and Children May 2002

Review of the Child Care (Pre-school Services) Regulations, 1996 and

(Amendment) Regulations, 1997

Ireland is becoming a more diverse society and we must recognise the challenges this presents for pre-school services.  Racism and discrimination have always existed in Ireland but have become more visible due to the rapid changes in our society.  The issue of racism and discrimination is very relevant to pre-school services as children are influenced by prevailing biases in society and can begin at an early age to develop pre-prejudice.  Furthermore, the effects of direct and indirect discrimination can impede  young children’s developmental progress.   The following policy documents and reports recognise the importance of pre-school services acknowledging and supporting diversity:

-         The European Commission Network on Childcare: Quality Targets in Services for Young Children (1996)

-         The National Forum for Early Childhood Education (1998)

-         Progress Report of the Commission on the Status of People with Disabilities Towards Equal Citizenship (1999)

-         The National Childcare Strategy Report of the partnership 2000 Expert Working Group on Childcare (1999)

-         The National Children’s Strategy: Our Children-Their Lives (2000)

-         The report ‘eist’ Respecting Diversity in Early Childhood Care, Education and Training (2001)

 

The Government has also addressed issues of equality and racism by providing new legislation on equality issues to assist us all in creating a more fair and equal society in Ireland. Pre-school services need to take on board this legislation in terms of employment, care and educational provision. The United Nations Convention on the Rights of the Child which Ireland ratified in 1992 requires a strong commitment from pre-school services to the full development of the child and to foster respect and appreciation of human rights, national and personal values, cultures other than one’s own and gender equality.  

 

Article 2 of the United Nations Convention on the Rights of the Child States:

 

·        The States Parties to the present Convention shall respect and ensure the rights set forth in the Convention to each child within their jurisdiction without discrimination of any kind, irrespective of the child’s or his or her parent’s or legal guardian’s race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status.

·        States Parties shall take all appropriate measures to ensure that the child is protected against all forms of discrimination or punishment on the basis of the status, activities, expressed opinions or beliefs of the child’s parents legal guardians, or family members.

 

Article 30 of the United Nations Convention on the Rights of the Child states:

 

• In those states in which ethnic, religious or linguistic minorities or persons of indigenous origin exist, a child belonging to such a minority or who is indigenous shall not be denied the right, in community with other members of his or her group, to enjoy his or her own culture, to profess and practice his or her own religion, or to use his or her own language.

 

 

For over five years now the childcare sector in Ireland has been subject to statutory regulation under the Childcare (Pre-school Services) Regulations 1996 (and the 1997 amendments). There have been a number of criticisms of the regulations and accompanying explanatory guidelines and of the implementation process, in addition to criticisms of the enabling legislation, the Childcare Act (1991).  We acknowledge that some of the problems and criticisms associated with the childcare regulations pertain to matters defined by the enabling legislation, and that changing this involves amendments to the legislation itself, which is beyond the remit of this review process. Consequently the recommendations herein relate to the regulations and explanatory guidelines only.

 

The Act and Regulations place a statutory duty on Health Boards to promote the health, safety and welfare of preschool children attending services, which duties include inspection of services and provision of information on those services. The role of the ‘authorised person’ as defined by Part V11 of the Childcare Act (1991) includes inspection as to children’s development and welfare, and it is important that this role is understood to include examination of the policies, procedures and practices of ‘preschool’ services in terms of equality, diversity and issues relating to discrimination –in keeping with the spirit of Irish and international anti-discrimination law. Inequalities can occur in terms of access to services or less than optimal participation in curriculum activities for some children. It is our experience that there can be inadvertent failure to adequately support the needs of minority-group children in preschool services, and a lack of awareness about how discrimination can occur in early years services. For this reason we believe that it is important that diversity and equality policies and procedures are included as criteria for inspection approval in the regulations and accompanying guidelines, and that practitioners are required to provide a supportive environment that reflects a range of minority cultures, groups and interests.

Suggested changes:

The Development of the Child - Part l Regulations 

A person carrying on a pre-school service shall ensure that:

 

(a)    every pre-school child attending the service has suitable means of expression and development through the use of books, toys, games and other play materials, having regard to his or her age, development and ethnicity (addition in italics to what is already stated in the regulations on the Development of the Child).

(b)   the development of the pre-school child’s individual and group identity is supported  in a positive way.

(c)    positive and comfortable interaction is encouraged between pre-school children from different cultures, backgrounds and minority groups.

(d)   the development of positive attitudes in pre-school children towards difference is supported.

(e)    the needs of disabled[1] children, bilingual children or children who are learning English as an additional language are supported.

 

The Development of the Child - Part ll Explanatory Guide to Requirements 

It is recommended that:                                                

 

(a)    all staff should have an awareness of Irish anti-discrimination legislation and the United Nations Convention on the Rights of the Child and ensure they are complied with. 

(b)   all pre-school services should encourage staff to participate in diversity education2 training.

(c)    all pre-school services link with statutory and voluntary agencies, who can offer  support for those working with families from different cultures, backgrounds or minority groups.

(d)   all pre-school services provide an environment which depicts accurately positive images of children and adults from a variety of backgrounds, cultures and minority groups in their daily lives in Ireland.

(e)    all pre-school services provide materials and toys which reflect a range of cultures, languages, religions, skin tones, abilities.   Gender bias in materials and toys should be avoided.

(f)     all pre-school services have a written policy regarding the curriculum/approach of the service with guidelines on how to address the issues of equality, ethnicity, diversity and discrimination in an appropriate and integrated way.

 

Health, Safety and Welfare of the Child – Part l Regulations

A person carrying on a pre-school service shall ensure that:

 

(a)    bullying, name-calling or racial harassment is appropriately dealt with within their service.

(b)   special diet or food requirements relating to religion, culture or health are respected.

Adult/Child Ratios – Part l Regulations

A person carrying on a pre-school service shall ensure that:

 

(a)    adequate support staff are available when required to give support to disabled children in order for them to fully participate in the service.

Record Keeping – Part l Regulations 

A person carrying on a pre-school service shall keep a record in writing of

 

(a)    An equal opportunities policy outlining anti-discrimination measures and details for implementation of this policy 

Premises and Facilities – Part l Regulations

A person carrying on a pre-school service shall ensure that:

(a)    the premises are physically accessible for disabled children/adults.

(b)   adequate on-site space for outdoor play is provided in particular for children in full-day care.

Inspection – Part ll Explanatory guide to requirements and procedures for inspection 

Pre-school inspectors should be required to have an understanding and knowledge of how the process of discrimination and racism operates in practice in the early years context and have a commitment to principles of equality and inclusion.  Training and information on diversity principles and practices should be made available for inspectors of early years services.

Add into the explanatory guidelines (section B).

 

To this end inspectors will consider (additions in italics):

 

-         how the children are being cared for and how their development and welfare is being promoted in a way that is respectful of diversity.

-         the suitability and safety of the premises, in particular for disabled children and adults.

-         the suitability of the person providing the services and whether there are adequate staff to support disabled children.

-         the availability and suitability of toys and materials and whether they are reflecting a range of cultures, languages, religions, skin tones, abilities. Gender bias in materials and toys should also be avoided.

-         the environment provided and whether it positively depicts children and adults from different backgrounds, cultures and minority groups.

-         the accessibility of information about the service for parents from different language back grounds or with literacy difficulties.

-         the availability of written policies addressing the issue of equality and anti-discrimination.  Such policies should cover the following areas:

 

(a)    staff recruitment and selection

(b)   enrolment procedures

(c)    the curriculum

(d)   procedures for dealing with bullying, name calling or racial harassment

(e)    additional support staff

(f)     the environment, toys and materials

(g)    working with parents

(h)    staff training

(i)      a framework or plans for implementing and evaluating written policies on equality and anti-discrimination.

 

-the adequacy of the outdoor play area to meet children’s needs.

Other

Register of Pre-school Children – Part 1 Regulations

 

It is recommended that a number of particulars relating to personal background characteristics of children and or parents / family be required on registration of a child to attend a services. This information will be needed to ensure that individual needs can be fully met and that participation can be supported and facilitated and outcomes can be assessed. As this information is of a personal nature and in order that sensitivities are respected, it is recommended that provision of this information be optional for parents or families rather than a necessary requirement for registration.

13(1) Subject to sub-article (3) of this article a person carrying on a pre-school service shall keep a register and shall enter in the register the following particulars which are optionally given by the pre-school child’s parents/family:
 

(a)    the pre-school child’s and families home language(s)

(b)   the pre-school child’s religion including details any practices/beliefs which staff need to be aware of

(c)    details of special dietary requirements.

(d)   the country of origin of each pre-school child and their family.

(e)    the ethnic group to which the pre-school child and/or family belong to as defined by the child’s parents or family.