Written accreditation is required for any natural or legal person wishing to operate a mini-crèche as a business.
A mini-crèche is not allowed to accommodate more than 11 children at any one time, among which there must not be more than 4 children aged less than one year. The number of children covered by one or more education and care services contracts is limited to 22 per mini-crèche.
To obtain accreditation, the manager must send an application for accreditation of a mini-crèche together with all the necessary supporting documents to the Education and Care Services department at the Ministry of Education, Children and Youth.
Mini-crèches for schoolchildren or younger children that wish to become a Chèque-Service Accueil service provider must submit an application. This is a separate application from the application for accreditation: 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
An accreditation is required for any natural or legal person wishing to operate a mini-crèche as a daytime business.
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 Centres promoting inclusive education.
With regard to structural quality, mini-crèches must comply with the following conditions in order to be eligible for accreditation.
Services to be provided
The mini-crèche must provide the following services:
- rest and relaxation;
- nutritionally balanced meals, made using fresh products;
- a place offering schoolchildren 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" provided for in the amended law of 4 July 2008 on Youth matters, which is to say:
- 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;
- emotions and social relations;
- outdoor trips organised on a regular basis.
The range of services must be adapted to the age of each child.
The mini-crèche guarantees the provision of services for at least 46 weeks per calendar year, with daily time slots between 05.00 and 23.00. The opening hours of the mini-crèche are set by the manager.
Conditions of good repute
Each manager and member of staff of the mini-crèche must meet the conditions of good repute.
Their record will be checked by officers of the competent ministry when the accreditation application is filed.
The manager is responsible for ascertaining the good repute and character of the staff they hire.
Officers of the competent ministry may take steps to ascertain the good repute and character of the staff and/or the manager at any time.
The manager, members of the management staff and members of the supervisory staff of Luxembourgish nationality are required to produce the recent extracts number 3 and 5 of their criminal record.
When recruiting staff responsible for the transport of children within the framework of the services provided, the employer is entitled to request a recent extract no. 4 from interested candidates' criminal record. In addition, in order to carry out this professional activity, holding a valid driving licence is a prerequisite and is also required in the employment contract.
Non-Luxembourgish citizens are also required to produce the recent certificates or extracts from the criminal records, or a similar document from the country or countries where they have lived since the age of 18.
In this context, a "recent" certificate/extract from the criminal records or a similar document is one which was issued within the past 2 months.
Any member of staff of a mini-crèche who has been charged with or convicted for an offence or offences committed against or involving a minor is required to inform their employer of this immediately.
Because there is an expiry period for the retention of criminal records, the employer must indicate in the staff member's personnel file that they have:
- verified the conditions of good repute of the persons concerned; and
- on presentation of the extracts from the criminal record, were able to establish that the person in question meets 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.
Supervisory staff at a mini-crèche must have a professional qualification, meeting certain minimal conditions.
The supervisory teaching staff in the mini-crèche must be made up in such a way that all 3 of the country's official languages (Luxembourgish, French and German) can be spoken. The manager 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 mini-crèche. The linguistic skills are assessed by the manager (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 minimum certified level of proficiency in each of the 3 languages must be:
- B1 in the Common European Framework of Reference for Languages (CEFR) with regard to listening comprehension;
- A2 in the CEFR with regard to spoken expression.
Minimum number of educational staff
The supervisory staff ratio, which determines the number of staff required to ensure proper operation of the mini-crèche, is set at one person of the supervisory staff for every 6 children, regardless of the age of the children in the mini-crèche.
The manager is required to ensure compliance with this ratio at all times.
Maximum reception capacity
The maximum reception capacity of the establishment granted by ministerial order must be respected at all times.
It is determined, among other things, by dividing the net surface area of the available premises allocated to the execution of the services by 4m2.
The space occupied by furniture (kitchen block, large cupboards, etc.) as well as the space that is not made available for the children will be 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 capacity.
For children under 2 years of age, mini-crèches must have at least one dormitory, with at least 2m2 of floor space available per child.
The maximum number of children that can be accommodated simultaneously by a mini-crèche is limited to 11 children. The mini-crèche may not accommodate more than 4 children under a year old at any one time. The total number of children who may be covered by one or more education and care services contracts may not exceed 22 per mini-crèche.
The maximum reception capacity as well as the legal standards of supervision in force must be visibly displayed in the entrance hall of the establishment.
General points regarding the infrastructure
All rooms accessible to children and the play area of the service must be arranged in accordance with the guidelines of the "Framework for Non-Formal Education". The layout must be adapted to the age of the children and to the standards of professional care.
The mini-crèche infrastructure must meet the health and safety minimum standards and, of course, be suitable for the children's needs.
The manager of a mini-crèche must ensure that the infrastructure is chosen, built and equipped so as to protect children from disturbances such as:
- excessive noise;
- unpleasant vibrations;
- harmful vapours;
- draughts; and
- other nuisances.
The manager of a mini-crèche must ensure that in terms of infrastructure and equipment, all applicable regulations for small or medium-sized buildings, in regard to accessibility, health and safety, are complied with.
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).
In order to guarantee the highest level of safety for persons in a mini-crèche, it is recommended to consult the criteria guide (guide des critères).
General points regarding the infrastructure:
- the activity of the mini-crèche takes place on premises reserved solely for that purpose;
- the sanitary installations are equipped with:
- at least 2 toilets for children (schoolchildren must have access to individual toilet cubicles);
- at least 2 sinks running both hot and cold water;
- a bathroom equipped with a bathtub or a shower for the services caring for the younger children;
- a fixed changing table and a sink with a hands-free tap must be installed in the bathroom for the services caring for the younger children; folding changing tables are not allowed;
The height of the installations must be adapted to the age of the children.
- the kitchen must have a fire blanket;
- all bins must be fitted with lids;
- the premises with the activity and rest areas, as well as regularly occupied workplaces, must, in addition to direct natural light, have artificial lighting allowing the occupants to move around and carry out their activities in good health and safety conditions, without dazzling the occupants.
For safety reasons, access for young children is limited to the ground and first floors.
In order to ensure proper functioning, it is strongly recommended or even essential for any mini-crèche to provide:
- a private garden with a playground laid out in accordance with the requirements of non-formal education;
- a cloakroom for the staff (with lockable lockers);
- a cloakroom for the children;
- a room reserved for the staff of the mini-crèche (pedagogical preparation and administrative management);
- a space for the parents;
- a separate toilet cubicle for adults.
It is reminded that a mini-crèche for children must offer a balanced diet, based on fresh products and adapted to the age of the children.
In addition to the lunch meals, this also applies to breakfasts and any other snacks served.
The service must be equipped with a production kitchen or a distribution kitchen. Meals can be prepared on site or delivered by a caterer. In both cases, the facilities must comply with hygienic and sanitary requirements.
To do so, operators are invited to consult the guide to good practice for good food hygiene (guide des bonnes pratiques pour une bonne hygiène alimentaire).
The kitchen must be equipped with at least:
- a work surface;
- a heating point for feeding bottles (in the case of young children);
- a storage space (cupboard);
- a washbasin for the staff with a hands-free tap;
- soap and paper towels.
Accessibility for users
The manager must commit in writing to "guarantee that the approved activities are accessible to users regardless of any ideological, philosophical and religious considerations, and that the users of the mini-crèche are entitled to protection of their privacy and respect for their religious or philosophical convictions".
Prior consultation with all the parties concerned (local administration, Ministry of Education, Children and Youth, etc.) may be useful/necessary in order to avoid problems or delays when submitting the application for approval.
Before filing their application for accreditation, the manager must contact the relevant communal administration to check whether the general development plan (Plan d'aménagement général – PAG) allows for the operation of a mini-crèche for children in the building in question.
The communal administration will provide the establishment with a certificate which attests full conformity of the mini-crèche with the requirements set out in the general development plan (PAG).
If the project requires transformation works in the building, the administrator must also obtain a building permit.
Opening a mini-crèche
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. When the application is particularly complex, this period may be extended one time only, and then for a limited amount of time. The decision to extend the processing time, and by how long, will be duly explained by the minister, and the applicant will be notified before the original deadline.
Applicants must take account of the deadlines and time limits concerning the procedure to become a CSA service provider (Chèque-Service Accueil (CSA) service provider).
It must be stressed that an opening date can never be guaranteed. It is therefore essential to submit the application and supporting documents in good time.
Before finalising the project, it is recommended to contact the agents of the relevant ministry.
Renewal of accreditation
Managers wishing to renew the accreditation of their mini-crèche must apply in writing to the Minister responsible for Child Affairs at the latest 3 months before their accreditation expires. The application must be accompanied by supporting documents.
How to proceed
Filing an application
Applications for accreditation must be sent to the Education and Care Service of the Ministry of Education, Children and Youth. Applications should be submitted using the application form for accreditation of a mini-crèche, which must be dated, signed and accompanied by the required supporting documents.
If the managing body 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 conditions of good repute are assessed by the person appointed to represent the legal person when:
- the manager is:
- a commercial company as defined by the amended law of 10 August 1915 on commercial companies: the representative bodies having received a power of attorney from the board of directors or in accordance with the company's articles of association;
- a public-sector establishment or non-profit association: the chair of the board of directors;
- an intercommunal syndicate: the members of its governing body;
- the manager or member of the governing body is a legal entity: the permanent representative of the legal entity.
- the manager is:
Documents providing proof of the manager's identity
- a copy of the articles of association or the constitutional documents and the extract of the Trade and Companies Register concerning the legal entity;
- a copy of the list with the members of the Board of Directors (a.s.b.l.). and the manager's authorised representatives;
- a copy of the valid identity card(s) of the manager's representative(s);
- the original extracts from the criminal record (records number 3 and 5) dated less than 2 months previously of the manager's representative(s) (if they are Luxembourgish citizens) or similar documents from the country or countries in which they are a citizen and where they have resided since the age of 18 (for foreign citizens);
- a provisional budget (in the case of a newly created company);
- the latest published balance sheets and profit and loss accounts (for existing companies in N-1).
Documents relating to the infrastructure
- a document setting out the use of space providing information on the implementation of the compulsory services drawn up in accordance with the description;
- a detailed plan of the infrastructures and their purposes;
- where applicable, a plan of the outdoor playground.
Documents regarding the supervisory staff
- a recent extract from the criminal record (record No. 3 and 5 or equivalent documents);
- a copy of the diplomas and, where appropriate, the recognition, equivalence or entry in the register of certificates of the staff of the mini-crèche.
Other authorisations and certificates
- a copy of the certificate issued by the communal administration attesting that the service conforms to the stipulations of the general development plan (PAG);
- a copy of the letter addressed to the fire and rescue service giving information on the existence and location of the mini-crèche.
When the construction and installation works are completed, the manager must then request:
- where applicable, an appointment with the National Health and Safety Service of the Civil Service;
- an appointment for an accreditation inspection with the Education and Care Service of the Ministry of Education, Children and Youth with respect to: an inspection of the infrastructure, its compliance with compulsory services and the determination of the maximum reception capacity.
If necessary, several accreditation inspections may be carried out.
The manager can open the mini-crèche upon receipt of the written approval of the accreditation (ministerial order) from the ministry.
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 manager of the establishment must apply for a new accreditation accompanied by the required supporting documents.
Please note that the application must be made in a timely manner.
Change of management
If the mini-crèche has a change of management, a new application for accreditation must be submitted, as well as a new application for recognition as a Chèque-Service Accueil service provider. The application for accreditation must be accompanied by all the required supporting documents.
Please note that the application must be made in a timely manner in order to avoid the closure of the mini-crèche.
Forms / Online services
Mini-Crèche – Engagement écrit du gestionnaire qu’il garantit que les activités agréées sont accessibles aux usagers indépendamment de toutes considérations d’ordre idéologique, philosophique et religieux (MENJE)
Mini-Crèche – Attestation formelle du gestionnaire concernant le régime des langues pratiquées au sein du service et les compétences linguistiques du personnel d’encadrement (MENJE)
Déclaration des heures d’ouverture prévues dans le cadre de l’activité "mini-crèche"
Mini-Crèche – Demande d'une modification d'agrément gouvernemental