HSE ‘prepared ambush report against creche’

The HSE was accused of preparing an “ambush report” against a creche facing eight breaches of childcare regulations.

Solicitor Frank Buttimer said it was astonishing there was not a contemporaneous note or a scintilla of actual objective evidence against a Co Cork creche, other than the “memory” of two HSE inspectors.

He made the comment in a closing submission of an action taken by the HSE South against Hazel O’Mahony, owner of Tiny Tots crèche in Killeagh village, in East Cork.

But HSE solicitor Denise Kirwan said inspectors have a responsible job that they perform very professionally. It was of huge public value, she said, that independent inspectors enter creches “to see what parents do not see” during the course of a day.

Work involving the care of children, she emphasised, require an “independent pair of eyes”.

Ms O’Mahony faces a series of charges for breaches under the Child Care (Pre-School Services) Regulations 2006 pursuant to the Child Care Act 1991 following an inspection at her creche on Nov 22, 2012.

The breaches include inadequate supervision due to under-staffing, food left un-refrigerated, damaged toys in a garden, a main door allegedly unlocked, along with dust and dirt on radiators and activity centres. Furthermore, a charge relates to a breach of her insurance policy which allows for 35 children on site, but a HSE team found, at one stage, 37 children present.

The case, before Judge John O’Neill, initially commenced in July at Midleton District Court and ran over three days with evidence concluding yesterday.

The judge yesterday said he had listened to conflicting evidence from both sides. His decision will be announced at a later date, to be confirmed.

Mr Buttimer said the HSE inspectors came in with an “attitude” and suggested the HSE appeared to treat every child as a unit rather than as an individual human being.

Contesting all charges and the regulations under which they were brought, he said: “If the HSE wants to set rigid standards in childcare, let there be legislation and not room for uncertainty.”

He said there was no scope in the guidelines for a staff member to fall ill, unexpectedly. In this case, he said, the creche owner, to her credit, was able within 20 minutes to get a replacement for someone who had a vomiting bug.

He said the creche was well-managed and well-run, with top class facilities and a trained staff who were over-attentive. He said if there was an issue, such as a hole in a wall or a door left open, or dust, a stain, or a jagged mattress covering, the inspectors should have told staff on the day and not to send an “ambush report”.

Mr Buttimer urged the judge to dismiss all charges.

Ms Kirwan said caring for children was very challenging, although rewarding, but if staff are not looking after themselves at times, such as taking breaks, it becomes an issue. The HSE witnesses, she said, were experienced preschool inspectors. She said there was no “prior history” between the inspectors and the creche and their arrival on the premises, on that day, was “in good faith”.

From the outset, she said, there was a difficulty and tension which arose because misrepresentations were made to inspectors about the number of staff on the premises.

Earlier, creche worker Michelle Geaney said it was drilled into staff the welfare of any child was of the utmost importance.

She referred to the “condescending looks” of the HSE inspectors and claimed there had been no interaction with staff or children. “They tried to intimidate us and, at the age of 43, they did intimidate me,” she said.

Emma O’Riordan said the babies were “off-form” as they sensed two strangers in their midsts. She said it was stressful and distressing to be observed by inspectors who did not acknowledge her presence.

Claire O’Mahony, a sister of the defendant, said it was disheartening the way staff were treated, while Lorraine O’Mahony said it was very upsetting when her sister Hazel showed her the HSE report.