In a legal action taken in Dublin District Court, Padraig O’Connor, a childcare service operator from southern Dublin, has been mandated to pay a fine of €2,000 subsequent to displaying “aggressive” behaviour and hindering an inspection conducted by Tusla, the family and child agency. O’Connor conceded guilt to a pair of offences under the provisions of the 1991 Childcare Act.
The presiding Judge, Anthony Halpin, was presented with the two charges levelled against O’Connor – an obstruction of a Tusla inspector and running a preschool service despite not being included in the register of prescribed early years service providers.
The court came to an understanding that these charges were a result of an evaluation of Little Puddles Childcare in Glandore Park, situated in Glenageary’s Lower Mountdown Road, Monkstown on July 28th, 2022.
The prosecution’s barrister, Morgan Shelly, under the guidance of solicitor Arthur Denneny, declared to the court that three similar accusations were dropped, provided that O’Connor pleaded guilty within the context of the full facts in regard to the remaining two charges.
The case revealed that the childcare service run by O’Connor and his wife from their residence was officially registered for children of school age, but did not possess registration for preschool provision catering for children aged four or below.
The court attentively listened as Tusla’s inspector, Ide Cronin, described how, armed with a warrant, she conducted her inspection and identified the presence of eight children between the ages of two to four. According to Cronin, O’Connor was markedly hostile and threatening, accusing the inspector of infringing upon his constitutional rights and refusing to share the contact details regarding the parents of the children present. Assistance was sought from the local gardai to identify the parents.
Later, O’Connor indicated to Tusla that he was exempt from requiring registration on the grounds that his service was a “summer camp” with seven children aged between two to four present. The court was reminded by Mr. Shelly that even temporary summer camps catering to preschool age groups are liable for registration or temporary registration.
It was noted that on April 24th, three preschool age children were on the premise, however, the inspector was convinced that their attendance was a short term arrangement, likely to enable them to become familiarised with the premises and get equipped for after-school sessions set to begin later in the month.
When interrogated by defence barrister Ciaran Doherty, it was validated by the inspector that she was content with the standard of care provided. It was also acknowledged that during the inspections, the support from the accused’s wife was invaluable.
The offences carried the potential for court convictions and monetary penalties totalling €10,000. In such prosecutions, under the prevailing law, a proven conviction could result in a defendant being removed from the childcare provider register. This legal approach was dubbed “draconian” by Judge Halpin. He observed that, barring one heated incident, the defendant fully cooperated.
Judge Halpin decided, given that O’Connor pleaded guilty, the court would institute the Probation of Offenders Act. This would exempt him from a recorded conviction, providing he contributed €2,000 towards the expense of prosecution.
The hearing was postponed for a three-week period.