Creche pledges to fight charges by HSE

A leading solicitor says he is confident the owner of a creche will be fully vindicated after the HSE alleged she had committed eight breaches of the Child Care Act 1991.

Frank Buttimer, who is representing Hazel O’Mahony, who runs Tiny Totts Creche at Killeagh Gardens, Killeagh, Co Cork, told a court sitting in Midleton that the allegations would be vigorously contested.

The court has yet to decide when the case will go ahead, but Mr Buttimer told Judge Aeneas Murphy at the sitting in Midleton last Thursday that at least two days will have to be set aside to hear the evidence.

He said he intends to call at least six witnesses on behalf of his client.

Mr Buttimer added that, in the meantime, the creche “will remain open and provides an excellent service”.

Solicitor representing the HSE, Denise Kirwan, said the summonses were issued by the HSE last January and she was concerned at the delay in hearing the case.

She told the court that she “wanted to register my disgust” at the delay as the case was supposed to be fixed for hearing last April.

The HSE alleges that breaches were noticed last November when two inspectors visited the facility.

They include the allegation that Ms O’Mahony failed to ensure there was a sufficient number of suitable and competent adults working directly with the pre-school children and that there was inadequate space for each child.

In addition, the inspectors also claimed the fixtures and fittings were not kept in a proper state of repair, in a clean and hygienic condition, and protected from infestation.

The HSE also claims there was insufficient furniture and play materials and there was not an appropriate supply of clean bedding, towels, or spare clothes for the children.

Another allegation was that there was inadequate facilities for the storage, preparation, cooking, and service of food.

Ms Kirwan also asked Mr Buttimer if the inspectors were welcome to enter the facility again.

Mr Buttimer replied that they were “most welcome to inspect the creche at any time they wished”.

He said the facility was purpose-built as a creche in 2006 and Ms O’Mahony was “eminently qualified to operate a creche” and “had 17 years of unblemished service”.

“The parents [of the children attending the creche] are aware of the HSE complaints and are fully in support of my client,” said Mr Buttimer.

The solicitor added that the parents were “satisfied that the service and care she [Ms O’Mahony] supplies to their children is top class”.

He said all of the allegations would be “fully and vigorously contested”.

“I have made the HSE clearly aware of this and I have confirmed to the court that we will be meeting their complaints head on and that my client’s position will be vindicated at the conclusion of the court proceedings,” said Mr Buttimer.