TUSLA has issued a new Regulatory Notice outlining crucial updates regarding Garda Vetting in early years settings, effective from January 1st, 2024. 

Vetting Renewal: All adults working directly with children in early years settings must have a vetting disclosure dated within the previous 3 years. Vetting is considered valid for 3 years from the date of the disclosure. To remain compliant with safeguarding measures, it is essential to renew vetting before it expires.

Positive Disclosures: If a staff member's vetting returns a positive disclosure of a criminal record, the registered provider must assess the risk associated with that individual. The assessment will determine their suitability to work with children. If retained, the results and risk assessment response must clearly show how assurance has been gained that the staff member can continue to work with children. 

When a disclosure on a vetting form is received on behalf of the Registered Provider, it may be necessary to risk assess the provider's ability to comply with legislation. It would be advisable in this situation to risk assess:

Child Safeguarding Statement Risk Assessment: Early years providers are required to develop a statement of risk outlining processes and policies for staff selection, recruitment, and assessment of suitability to work with children. Vetting should be subject to renewal at intervals no less than every 36 months to mitigate potential harm to children.

Compliance: Failure to provide evidence of vetting for individuals with access to children will result in an Immediate Action Notice. Ensure that all required Garda vetting disclosures requested on the inspection are provided promptly to avoid this notice.

Additional Requirements: If Garda Vetting disclosures are dated more than 3 years from January 1st, 2024, they should be renewed before that date. Failure to provide evidence of a vetting disclosure dated less than 3 years will be deemed non-compliant and recorded in the EYI inspection report.

Escalation: Non-compliance with vetting requirements may lead to escalation to the Early Years Inspectorate National Registration Enforcement Panel (NREP). The NREP will review and consider whether non-compliance poses a high risk to children or is persistent in the service.

·       Employee Management Pack: Employee Management Pack - Early Years Shop

The safety and well-being of children in early years settings are of utmost importance.