Quick summary
- Regulation 31 sets out five categories of notifiable event for registered preschool services.
- Notification must be made in writing within 3 working days of becoming aware of the incident.
- Notifications go to Tusla's Early Years Inspectorate using the official Notification of Incident form.
- Childminding services have a broadly similar but distinct set of notifiable incidents under separate 2024 regulations.
- Voluntary notification of other incidents is accepted, using the same process, where a provider judges it appropriate.
The five notifiable events under Regulation 31
Registered providers of preschool services must notify the Early Years Inspectorate in writing, within three working days of becoming aware of the incident, of any of the following:
| Event | Detail |
|---|---|
| Death of a child | While attending the service, including death in hospital following transfer from the service |
| Infectious disease diagnosis | A child, employee, unpaid worker, contractor or other person working in the service diagnosed with a notifiable infectious disease (see the HSE's Health Protection Surveillance Centre list) |
| Service closure | An incident that results in the service being closed for any length of time |
| Serious injury | Requiring immediate medical treatment by a registered medical practitioner, in hospital or otherwise |
| Child going missing | A child attending the service goes missing while attending |
These five categories are set out in Regulation 31 of the Child Care Act 1991 (Early Years Services) Regulations 2016.
How and where to notify
Notification must be made in writing, using Tusla's Notification of Incident form, and sent by email to the Early Years Inspectorate. The three-working-day clock starts when you become aware of the incident, not necessarily when it happened. This matters if, for example, a diagnosis is confirmed some days after the event itself.
Childminding services: a related but separate regime
Registered childminding services operate under their own set of notifiable incidents, set out in Regulation 22 of the Child Care Act 1991 (Early Years Services) (Childminding Services) Regulations 2024. The categories are broadly similar, death, infectious disease diagnosis, unplanned closure, serious injury, a child going missing, with childminding services also required to notify an allegation of harm made against the childminder or a member of their household.
Voluntary notifications
Providers aren't limited to the mandatory categories. Tusla accepts voluntary notifications of incidents that fall outside Regulation 31's specific list, using the same process, where a provider feels the Inspectorate should be aware. This is worth using where an incident is serious or sensitive enough that transparency serves the service well, even if it doesn't strictly meet the mandatory threshold.
Practical advice
- Keep the current Notification of Incident form and the correct Inspectorate email address in an easily accessible place, not buried in old paperwork.
- Build the 3-working-day requirement into your incident response procedure so it isn't discovered under pressure.
- Distinguish clearly, in staff training, between what belongs in your internal accident/incident log (Regulation 16) and what additionally triggers a Regulation 31 notification to Tusla.
- When in doubt about whether something meets the threshold, err toward a voluntary notification rather than staying silent.
How Tot Tracker helps
Tot Tracker's incident logging flags entries that may meet a notifiable event threshold and keeps a timestamped record of when staff became aware of an incident, useful both for meeting the 3-working-day window and for demonstrating, if ever asked, exactly when the clock started.