Licensing criteria for home-based ECE services

The Education Act 1989 S309 defines home-based ECE services as the provision of education or care, for gain or reward, to fewer than 5 children under the age of 6 (in addition to any child enrolled at school who is the child of the person who provides education or care) in:

  1. their own homes
  2. the home of the person providing education or care
  3. any other home nominated by the parents of the children.

These services are licensed in accordance with the Education Act 1989 under the Education (Early Childhood Services) Regulations 2008, which prescribe minimum standards that each licensed service must meet. Licensing criteria are used to assess how the services meet the minimum standards required by the regulations.

For each criterion there is guidance to help services meet the required standards.

The publication of the criteria on its own can be downloaded as a PDF [PDF, 541 KB] and printed.

The licensing criteria were last updated in November 2016.

Licensing Criteria Cover

HS32 Smoking

  • Criteria
    • Criteria

      Health and Safety practices criterion 32

      No person on the premises smokes in any area which is available for use by children or for food preparation while children are attending the service.

      Rationale/Intent:

      The criterion aims to uphold the safety and wellbeing of children.

  • Guidance
    • Guidance

      Any examples in the guidance are provided as a starting point to show how services can meet (or exceed) the requirement. Services may choose to use other approaches better suited to their needs as long as they comply with the criteria.

      Educators must never smoke in the home while children are attending the service at any time including while children are asleep. In addition, they must never smoke whilst on an excursion with the children.

      If there is a smoker in the household, they must not smoke while children are attending the service. This includes the outside area.