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An Illness / Sickness & Exclusion Policy is a core safeguarding document in every Early Learning and Care (ELC) and School Age Childcare (SAC) service. Its purpose is simple but critical:
To prevent the spread of infection, protect vulnerable children, and ensure the health and safety of all children and staff.
This is not a discretionary policy. It is grounded in statutory obligations and is actively examined by inspectors from Tusla.
The Legal Basis
Illness management in childcare is a regulatory requirement under:
- Child Care Act 1991 (Early Years Services) Regulations 2016 particularly:
- Regulation 19: Health, Welfare and Development of the Child
- Regulation 23: Safeguarding Health, Safety and Welfare of Child
- The service’s obligation to follow public health guidance
- Infection prevention standards aligned with HPSC guidance
A service must be able to demonstrate to Tusla that:
- It has a clear written Sickness & Exclusion Policy
- Staff consistently apply it
- Parents are informed of it
- Records show it is enforced in practice
What an Illness Policy Typically Requires
Most services include clear thresholds such as:
- Temperature of 38°C or above → child must be collected
- 48-hour exclusion after a temperature
- Exclusion periods for vomiting, diarrhoea, infections, rashes, etc.
- Written parental consent for medication administration
- Documentation of when a child was sent home and when they may return
These timeframes are not arbitrary. They are based on infection control windows and public health advice.
Tusla’s Position During Inspection
When Tusla inspects a service, inspectors will often:
- Review illness records
- Check medication forms
- Ask staff how they apply the exclusion policy
- Check if exceptions are ever made “to accommodate parents”
A common inspection question is:
“What do you do if a parent refuses to collect a child or refuses to comply with the exclusion period?”
The only acceptable answer is that the service enforces the policy.
If a provider allows a child to return early to appease a parent, Tusla will view this as:
- A failure to safeguard other children
- A failure to follow the service’s own policy
- A breach of Regulation 19 and 23
- A governance and management failure
Why Providers Cannot “Make Exceptions”
Allowing a child to return early because:
- A parent is upset
- A parent disagrees
- The service wants to avoid conflict creates significant regulatory risk.
Tusla’s view is:
The provider’s duty is to all children, not the convenience of one family.
If an outbreak of illness occurs and records show a child returned before the exclusion window, the provider is exposed to:
- Non-compliance findings
- Inspection actions
- Potential enforcement
- Civil liability if other children become ill
The Provider’s Professional Obligation
When a service informs a parent a child cannot return for 48 hours, it is the provider fulfilling a statutory duty.
Staff are not “being difficult” — they are complying with:
- Their policy
- Their training
- Their regulatory obligations
- Their duty of care to every child in the room
What Happens If a Provider Does Not Enforce It
Failure to enforce an illness policy can result in:
- Tusla non-compliance under Health & Welfare regulations
- Actions required in inspection reports
- Reputational damage
- Increased illness outbreaks
- Complaints from other parents
- Potential insurance and liability implications
In serious cases, repeated failure to follow exclusion procedures can escalate to enforcement action.
Why This Often Becomes a Flashpoint with Parents
Parents may understandably be frustrated by exclusion periods due to:
- Work commitments
- Childcare challenges
- Perception that the child “looks fine” Illness policies are based on infection timelines, not how the child appears at collection.
A temperature is a clinical indicator. Once recorded, the exclusion window must apply.
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