As actors in non-formal education, education and care establishments for children (service d’éducation et d’accueil - hereinafter referred to as 'SEA') provide a support structure within the framework of their educational mission.

A written ministerial accreditation is required for any natural or legal person who wishes to operate an SEA for children in return for payment.

To obtain accreditation, the administrator sends an application for accreditation for education and care services together with all the necessary supporting documents to the Education and Care Service at the Ministry of Education, Children and Youth.

SEAs for children who wish to become a Chèque Service Accueil service provider (Childcare Service Voucher - hereinafter referred to as 'CSA') must apply for this role. This is a separate application from the application for approval, i.e. an application for recognition as a Chèque Service Accueil service provider. The application for recognition can be submitted at the same time as the application for accreditation.

Who is concerned

Ministerial accreditation must be obtained by all natural or legal persons who wishe to provide education and care services (SEA), in return for payment, to more than 3 children during daytime hours.

As far as SEA for children are concerned, there are 2 types of accreditation:

• young children not subject to compulsory schooling;
• schooled children of less than 12 years of age or who are attending basic education establishments or a Special Education and Counselling Centre promoting inclusive education.

Children aged 3 to 4 years attending a nursery school fall under both types of accreditation.

Prerequisites

Mandatory requirements for SEAs for the purpose of accreditation

Services to be provided

An SEA for children must provide at least the following services:

• rest and relaxation;
• nutritionally balanced meals;
• a place offering schooled children a quiet environment in which they can do their homework on their own, with a minimum of supervision and assistance;
• activities which are organised and implemented in accordance with the areas of action defined in the national framework of reference for "Non-formal education of children and young people", i.e.:
  • emotions and social relations;
    
  • values, participation and democracy;
    
  • language, communication and media;
    
  • aesthetics, creativity and art;
    
  • movement, body awareness and health;
    
  • natural sciences and technology;  

The range of services must be adapted to the age of each child.

The SEA for children must ensure that their services are available at least 46 weeks per calendar year, between 5.00 and 23.00. The actual opening hours are set by the administrator.

Conditions of good repute

Each manager and member of staff of the SEA (managerial staff, supervisory staff, cook, cleaning staff, etc.) must meet the conditions of good repute.

The conditions of good repute of the administrator and managerial staff will be checked by officers of the competent ministry when the application for accreditation is filed. Where necessary, the supervisory staff may also be checked for the purpose of obtaining the accreditation.

The administrator is responsible for ascertaining the good repute and character of the staff hired.

Officers of the competent ministry may take steps to ascertain the good repute and character of the staff and/or the administrator at any time.

Luxembourg citizens (administrator, members of the managerial or supervisory staff) are required to present recent extracts of their criminal records no. 3 and 5.

With respect to the hiring of employees who will be responsible for the transport of children cared for by the SEA, employers are allowed to request an extract from the criminal record no. 4 from a job candidate if a valid driver's license is an absolute prerequisite for the worker's professional activity, and if this prerequisite is specified in the employment contract.

Non-Luxembourg nationals are also required to present the recent certificates or extracts from the criminal records, or a similar document from the country or countries in which they are a citizen and where they have resided since the age of 18.

In this context, a "recent" certificate/extract from the criminal records or a similar recent document is one which was issued within the past 2 months.

Each member of staff who has been charged with or convicted for an offence committed against a minor or involving a minor is required to inform their employer of this immediately.

Given the limited duration of validity of the criminal record, the employer must indicate in the staff member's file that they have checked the good repute of the persons concerned and that on presentation of the criminal record, they were able to observe that the person in question fulfils the conditions of good repute.

In the event of a change in the composition of the management body, the persons concerned must meet the conditions of good repute and will be subject to a verification in this matter.

Staff qualifications

Administrative staff, supervisory staff and kitchen staff must fulfil the qualifying conditions.

Language conditions

The staff with an educational and supervisory role in the education and care service must be selected so that all 3 official languages of the country (Luxembourgish, French and German) can be spoken within the establishment. The administrator must formally attest that this condition has been met.

Each member of staff need not necessarily speak all 3 languages, but all 3 languages must be spoken in the establishment. The linguistic skills are assessed by the administrator (in opposition to the plurilingual education programme for which an official certificate is required). Documents relating to language skills should be kept in the personnel file.

The administrator must formally attest that this condition has been met.

The minimum certified level of proficiency in each of the 3 languages must be:

• level B1 in the Common European Framework of Reference for Languages (CEFR) with regard to listening comprehension;
• level A2 in the Common European Framework of Reference for Languages with regard to spoken expression.

Minimum number of educational staff

The supervisory staff ratio determines the minimum number of supervisory staff to be employed by the administrator in order to ensure the operation of the SEA.

The management of staff must take into account the needs of the establishment, the services being provided, and the number of children actually present on the premises at any given time of the day. The administrator is required to ensure compliance with this ratio at all times.

Maximum reception capacity of an SEA

The maximum reception capacity of the establishment granted by ministerial order must be respected at all times.

It is determined by dividing the net surface area of the space available for the provision of the services by the number of square metres allotted to each child:

• for young children (not subject to compulsory schooling);
  • 4m² per child with respect to the day rooms;
  • at least 2m² per child of less than 2 years of age with respect to the dormitories (dormitories are not taken into account when calculating the maximum reception capacity);
    
    The requirement of 4m² per child must be respected at all times and, in addition, the areas used for the care services must never accommodate more than:
  • maximum 12 children under the age of 2;
  • maximum 15 children between the ages of 2 and 4;
  • maximum 12 children in the event of mixed age groups;

• for schooled children:
  • at least 3m² per child.

The space occupied by furniture (kitchen block, large cupboards, etc.) as well as the space that is not made available to the children are deducted from the net surface area taken into account for the calculation. Corridors, changing rooms, sanitary installations, etc. as well as rooms without direct natural light are not taken into account in the calculation of the reception capacity. Only rooms with direct natural light and whose layout corresponds to the requirements of non-formal education are taken into account for the calculation of the maximum reception capacity.

Establishments must also have an adjacent outdoor private playground (directly accessible from the SEA) allowing for at least 5m² per child. The design of the outdoor area must comply with the guidelines of the National Framework of Reference for Non-Formal Education of Children and Young People and should be age appropriate. The use of natural materials is strongly recommended. Access to the play area should be provided without having to pass through another day room.

The maximum reception capacity for children and the legal standards of supervision in force must be clearly displayed in the entrance hall to the premises.

Health and safety minimum standards

The infrastructure of the SEA must conform to the minimum health and safety standards and the needs of the children.

This must be attested to by the Inspectorate of Labour and Mines (ITM) and, where applicable, by the National Health and Safety Service of the Civil Service.

The infrastructure (indoor and outdoor) must be appropriate for childcare and must be chosen, built and equipped in such a way that children are not exposed to nuisances such as:

• excessive noise;
• odours;
• unpleasant vibrations;
• harmful vapours;
• draughts;
• other nuisances.

Each room must have sufficient ventilation and a good acoustic rating. The rooms used to provide the care services (including the rest areas) as well as the areas reserved for the staff must have direct natural light.

The infrastructures used for the services provided may not be used for any other purposes than those specified in the accreditation (e.g., other commercial purposes, or private purpose).

Sanitary, hygiene and food safety requirements

The infrastructure of the SEA must conform to the sanitary and hygiene requirements and comply with food safety regulations. Such conformity must be certified by the Minister of Health.

Accessibility for users

The administrator undertakes to "guarantee user accessibility to activities regardless of ideological, philosophical and religious considerations and that the user of the service has the right to privacy and respect for their religious or philosophical convictions".

General points regarding the infrastructure

Rooms accessible to children and the play area

All child accessible rooms and the play area shall be designed in accordance with the guidelines of the Framework of Reference for Non-Formal Education. The layout must be adapted to the age of the children and to the standards of professional care.

If the interior and exterior space is not adequately designed, accreditation cannot be granted.

Given the services to be offered and the fact that children must have access to them at all times, an SEA for schooled children must have at least 2 day rooms.

Catering premises for schooled children

Any dining area set aside for school children must meet good acoustic standards and be subdivided into several dining spaces by visual and acoustic partitions, and the total number of children accommodated at any one time in the dining area must not exceed 60 children.

However, it is recommended that there should be a maximum of 30 places per restaurant for children in cycles 2 to 4 and a maximum of 20 children for children in cycle 1. The number of places available should be adapted to the size of the room and to allow the children time to eat at their own pace. This creates a relaxed atmosphere for the children and staff and encourages interaction during the meal.

It is also recommended to provide other services to increase the attractiveness of the room outside meal hours.

Dormitories / rest areas

The SEA for children must have:

• for young children under the age of 2, at least one dormitory on the same floor as the day room, or on the floor immediately below or above it. The dormitory must:
  • have a surface area allowing for at least 2m² per child under the age of 2;
  • be equipped with remote acoustic monitoring devices;
  • be a place where the children can sleep undisturbed;
• for children over 2 years of age, rest and relaxation areas must be available. They can be part of a landscape design of the main living area. It is recommended that a separate room for resting be provided which can also be used for other services.

Sanitary installations

For young children, the bathroom for children at the SEA must have:

• at least one toilet and one tap accessible to the children for every group of 10 children or part thereof (i.e. 2 toilets and 2 taps for a group of 11 to 20 children, 3 for a group of 21 to 30 children, etc.);
• a safe changing table adapted to the age of the children;
  
• a hygienic tap for the staff near the changing table.

A toilet is not mandatory for children under the age of 2.

Folding changing tables are not allowed. The size of the washbasin(s) should be adapted to the number of taps.

The bathroom must be on the same floor as the living area(s) and must be separated from the common rooms or areas by a door.

For schooled children, the sanitary installations must:

• have at least one toilet and one tap accessible to children for every 15 children or part thereof (i.e. 2 toilets and 2 taps for a group of 16 to 30 children, etc.);
• be near the main day room;
• have fully enclosed toilet cubicles.

It is recommended that boys' and girls' toilets be separated from the age of 6 at the latest.

The size of the washbasin(s) should be adapted to the number of taps.

Sanitary facilities should be adapted to the size of the children in the centre. Children's privacy must be respected regardless of their age.

Urinals are not considered.

Each childcare facility should have at least one toilet cubicle for adults, preferably close to the day rooms.

Kitchen

An SEA for children should offer a balanced diet, based on fresh products and adapted to the age of the children.

This also applies to breakfast and any other snacks served.

The SEA must have a production kitchen or a distribution kitchen. Meals can be prepared on site or delivered by a caterer. In both cases, all installations must be compliant with sanitary and hygiene requirements and meet the food safety obligations defined by the Luxembourg Veterinary and Food Administration (Administration luxembourgeoise vétérinaire et alimentaire - ALVA).

To this end, operators of an SEA for children are advised to consult the guide to good food hygiene practices.

According to Regulation 852/2004/EC, SEAs are food business operators as they carry out an activity related to the production, handling and distribution of food. They are therefore obliged either to put in place permanent procedures based on the HACCP principles or to apply the instructions of a guide to good practice for their sector as mentioned in Article 5§5. Every SEA is obliged to comply with these.

Allergen training of at least 2 hours is required for all SEA staff who may be dealing with allergic children in the context of food management, including characterisation of allergens, explanation of the difference between a simple diet and a strict diet and the consequences for the children if the prohibited allergen is consumed.

The establishment providing education and care services for children under the age of 2 must have a kitchen or a kitchenette on the same floor as the main day room.

The kitchenette should be equipped with:

• a work surface;
• a heating point for baby's bottle;
  
• a storage space (cupboard);
• a washbasin for the staff with a hygienic tap;
  
• soap and paper towels.
  

Administrative offices and other rooms

The SEA for children must have the following areas:

• a separate room for administrative management with direct natural light;
• a separate room for pedagogical preparation with direct natural light and a lockable storage area for employees' personal belongings; 
• a parents' area in the central area;
• storage space for prams and pushchairs, easily accessible in the case of an SEA accommodating young children;
• a storage area for personal belongings for each child who attends the SEA at least once a week.

Preliminary steps

Operating permit for classified establishments

Before applying for accreditation, applicants must first apply for an operating permit for classified establishments (class 3A) to the Inspectorate of Labour and Mines (Inspection du Travail et des Mines - ITM).

The standard conditions to be met by an SEA are:

• the general fire safety regulations:
  • for low-rise buildings (ITM-SST 1501); or
    
  • for medium buildings (ITM-SST 1502); and
• specific safety and health requirements:
  • regarding education and care services for unschooled children (ITM-SST 1514); and/or
    
  • regarding education and care services for schooled or precocious children (ITM-SST 1524).

The administrator of the establishment must submit the operating permit application for an education and care service to the ITM, together with all supporting documents specified in the standard form.

As soon as the operating permit for classified establishments is granted, the provider can begin the transformation/construction works.

The permit sets the terms and conditions for the operation of the establishment (the premises). It is valid for an unlimited period of time, even in the event of a change of administrator.

Transformation plans

Before filing their application for accreditation, the administrator must contact the communal administration concerned in order to check whether the general development plan (plan d’aménagement général - PAG) and the special development plan (plan d’aménagement particulier - PAP) provide for the operation of an education and care service for children in the building in question.

The communal administration will provide the establishment with a certificate which attests full conformity with the requirements set out in the general development plan.

If the project requires transformation works in the building, the administrator must also obtain a building permit.

Health and safety requirements

Before the commencement of any works, the administrator must contact:

• the Health Directorate in order to comply with sanitary and hygienic requirements; and
• the Luxembourg Veterinary and Food Administration (ALVA) with regard to the obligations concerning food safety.

To do so, administrators are invited to refer to the conditions governing the assessment issued by the Health Inspection Department at the National Health Directorate.

Deadlines

Opening an education and care establishment

The application procedure for operating permits for classified establishments can take 2-3 months.

It is therefore recommended that interested parties submit their applications at the very beginning of their project or before works begin.

The duration of the accreditation procedure depends on the filing of a complete application. The period allotted for the administration to process the application is 3 months, from the time when all necessary documents have been submitted to the ministry. If the application is particularly complex, this period may be extended once and for a limited amount of time only. The decision to extend this deadline and the subsequent duration of the processing time, will be duly justified by the minister and notified to the applicant before the original deadline expires.

Applicants are strongly advised to take account of the deadlines and periods relating to the procedures to become a Childcare Service Voucher provider (Chèque-Service Accueil (CSA) service provider).

Renewal of accreditation

Administrators wishing to renew the accreditation of their establishment must apply in writing to the Minister responsible for Child Affairs at least 3 months before their accreditation expires.

How to proceed

Application for SEA accreditation

The dated and signed application for accreditation must be sent to the Education and Care Service at the Ministry of Education, Children and Youth, along with the following supporting documents:

• application for accreditation for education and care services for children;
• a copy of the certificate of conformity in relation to the general development plan issued by the communal administration;
• a certificate (the summary report with the ITM's approval and an operating permit) issued either by the Inspectorate of Labour and Mines (ITM) for services provided by Class 3A classified establishments establishing that the infrastructure in which the applicant carries out their activities conforms to the health and safety minimum standards and meets the children's needs;
  
• where applicable, a certificate issued by the National Health and Safety Service of the Civil Service for institutions falling within the remit of the modified law of 19 March 1988 on safety in public service establishing that the infrastructure in which the applicant carries out their activities conforms to the health and safety minimum standards and meets the children's needs;
• a copy of the assessment issued by the Ministry of Health certifying that the infrastructure complies with the hygiene and sanitary requirements and conforms to the regulation on food safety;
• a copy of the letter sent to the Fire and Rescue services informing them of the existence and location of the establishment;
• a document setting out the use of the spaces providing information on the implementation of the mandatory services, together with:
  • a detailed plan of the infrastructures and their purposes;
  • a plan of the outdoor playground;
• recent copies of the criminal record extracts of the administrator or their representative and of the managerial staff:
  • for Luxembourg nationals: record no. 3 and record no. 5: "Protection of minors";
  • for non-Luxembourg nationals and people having dual nationality: extracts from their criminal record (the "conventional" extract from the criminal record and the record showing convictions for offences committed against a minor or involving a minor) from the country or countries of which they are nationals and in which they have resided since the age of 18;
• a projected budget and related documents illustrating the financial situation;
• a written undertaking by the administrator, "guaranteeing that the accredited activities are accessible to users regardless of their ideological, philosophical or religious beliefs, and that users of the service are entitled to protection of their privacy and respect for their religious convictions or philosophical views";
• a written undertaking by the administrator regarding the languages spoken in the service and the supervisory staff's language skills;
• documents proving the managerial staff's identity and qualifications;
  
• documents proving the administrator's identity.

If the administrator is a legal entity:

• the application for accreditation must be signed and submitted by the person(s) authorised to represent the legal entity in court;
• the accreditation file must also contain a copy of the articles of association or the act of incorporation of the legal entity;
• the conditions of good repute are assessed in the person appointed to represent the legal person when:
  • the administrator is:
    • a public limited company, a limited liability company or a European company: the administrator, director or manager having received power of attorney to represent the legal entity by the board of directors or in accordance with the articles of association;
    • a public-sector establishment or non-profit association: the president of the board of directors;
    • a commune: the members of the board of the mayor and aldermen;
    • an inter-communal syndicate: the members of its governing body;
  • the administrator or member of the governing body is a legal entity: the permanent representative of the legal entity.

Application for acceptance and inspection

When the installation/construction works are completed, the administrator must then request:

• an appointment with an accredited inspection body to arrange an initial acceptance inspection of the building and its fully fitted annexes (verification of safety, sanitary and hygiene standards as set out in the operating permit for classified establishments issued by the ITM);
• where applicable, an appointment with the National Health and Safety Service of the Civil Service;
• an appointment with the National Health Directorate to receive an assessment after the completion of the work;
• an appointment with the Education and Care Service at the Ministry of Education, Children and Youth to arrange an inspection for accreditation (inspection of the infrastructures and their suitability for the mandatory services, and determination of the maximum reception capacity).

Summary report (issued by an ITM-accredited inspection body)

The accredited inspection body will issue a final report (also called a summary report – rapport de synthèse) which may mention:

• one or more major nonconformity issues ("comment with 0-day deadline" – remarque à 0 jours); or
  
• certain minor nonconformity issues including a deadline to correct the issue (e.g. "comment with 90-day deadline" – remarque à 90 jours); or
  
• no comment at all.

Major nonconformity issues

If the acceptance report mentions one or more major nonconformities (comments with 0-day deadline), the establishment will not receive accreditation. The administrator will have to:

• correct the nonconformities;
• apply for a new acceptance inspection to an accredited inspection body.

Minor nonconformity issues

If the acceptance report contains minor nonconformities ("comment with 90-day deadline") but no major nonconformities ("comment with 0-day deadline"), the administrator can:

• forward the certificate (or summary report) issued by the inspection body to the ITM to have it stamped and approved;
• submit the certificate (with the stamp from the ITM) to the Education and Care Service in order to finalise the application for accreditation.

The manager then receives provisional accreditation provided that:

• the application is complete;
• the accreditation inspection by the Ministry did not give rise to any specific comments.

Once the accreditation is granted, the establishment may commence its activities but will have to:

• correct all nonconformities within the specified deadlines;
• apply for a new acceptance inspection;
• forward the acceptance report to the Education and Care Service at the Ministry of Education, Children and Youth.

No nonconformities

If the report does not contain any comments, the administrator can:

• forward the certificate (or summary report) issued by the inspection body to the ITM to have it stamped and approved;
• submit the certificate (with the stamp from the ITM) to the Education and Care Service in order to finalise the application for accreditation. The manager then receives accreditation provided that:
  • the application is complete;
  • the accreditation inspection conducted by the Education and Care Service did not give rise to any comments.

Once the accreditation is granted, the establishment may commence its activities.

The accreditation reference must appear on every letter, invoice or other document intended for users of the service or for the public in general.

Validity of the accreditation

If the conditions on the basis of which the accreditation was granted change, the administrator of the establishment must apply for a new accreditation.

Renewal of accreditation

Administrators wishing to renew the accreditation of their establishment must apply in writing to the Minister responsible for Child Affairs at least 3 months before their accreditation expires.

The renewal application must be accompanied by the following documents:

• a certificate attesting that the infrastructure in which the applicant carries out the activities meets the health and safety minimum standards and, of course, that it is suitable for the children's needs, issued by:
  • either the Inspectorate of Labour and Mines for services provided by Class 3A classified establishments;
  • where applicable, the Safety in Public Service Department;
• a copy of the assessment issued by the Minister of Health, attesting that the infrastructure is compliant with the hygiene and sanitary requirements and conforms to the regulation on food safety.

If required, the administrator must also provide:

• a document on use of space;
• a copy of the certificate issued by the communal administration attesting that the service conforms to the stipulations of the general development plan.

Change of administrator

If the establishment is under new management, a new application for accreditation (as well as a new application to become a childcare service provider - CSA) must be filed, along with all the supporting documents.

Renovation or substantial alteration of the infrastructures

In the event of renovation or substantial alteration of the infrastructure in which the activities take place, the administrator must submit a new application for renewal of accreditation to the Ministry of Education, Children and Youth, and produce the following documents:

• a certificate attesting that the infrastructure in which the applicant carries out the activities meets the health and safety minimum standards and, of course, that it is suitable for the children's needs, issued by:
  • either the Inspectorate of Labour and Mines for services provided by Class 3A classified establishments;
  • or the Safety in Public Service Department;
• a document on use of space;
• a copy of the assessment issued by the Minister of Health, attesting that the infrastructure is compliant with the hygiene and sanitary requirements and conforms to the regulation on food safety.

 If need be, they must also provide:

• a copy of the certificate issued by the communal administration attesting that the service conforms to the commune's general development plan;
• a copy of the letter sent to the Fire and Rescue Service reporting the existence and the location of the childcare services establishment.

The "substantial renovation and fitting out of infrastructures" means renovation work and facilities which lead to:

• a change in the services provided;
• a change (whether higher or lower) in the maximum reception capacity;
• a change in the use of the rooms which require a reassessment of the safety of the service.

Exemption

In the case of reception of children outside, in the heart of nature, exemptions with respect to the net surface area of the day room, the size of the outside playground and infrastructure may be granted.

The applications must be duly motivated and are granted on a case by case basis depending on the situation of the service.

Forms / Online services

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