Creche accused of breaking child laws

A Dublin creche which was at the centre of an RTÉ investigation last year is now being prosecuted for breaking child protection laws.

The Links Creche and Montessori Ltd and one of its directors are to go on trial as a result of the documentary ‘Breach of Trust’, made by RTÉ’s investigations unit and which aired last year.

The producers of the programme provided the Child and Family Agency with more than 36 hours of secretly filmed footage which is to form a major part of the prosecution’s case.

The agency alleges the creche breached regulations by not preventing practices that were “disrespectful, degrading, or exploitative”, Judge John O’Neill heard at Dublin District Court yesterday.

The Links Creche and Montessori Ltd, at Abington Wood, Swords Rd, Malahide, and its director, Deirdre Kelly, from Saint Olaves, Kinsealy, Dublin, are charged with breaking the Childcare Act and pre-school services regulations.

The proceedings were adjourned to allow Ms Kelly time to consider how she will plead. She did not address the court yesterday but her legal team was granted an order for disclosure of the prosecution’s evidence.

She and the company face four charges for not having staff, students, and volunteers with access to children vetted by gardaí. It is also alleged that she and the creche breached record-keeping regulations from October 7-14 last year.

The company itself faces another 20 charges, including claims that, on various dates in March and February last year, it failed to “ensure that no practices that are disrespectful, degrading, exploitative, intimidating, emotionally or physically harmful, or neglectful were carried out in respect of any child”.

It is claimed the company did not “take all reasonable measures to safeguard the health, safety, and welfare of a pre-school child attending the service” on the same dates.

David McCoy, prosecuting, told Judge O’Neill that some of the charges against the company were of a “welfare type” and involve allegations of conduct that was “disrespectful, degrading, or exploitative”.

Cara Jane Walsh, defending, & said a disclosure order was required for the 40 hours of footage to be handed over. She also asked for “as much information as possible, not just the footage”.

Judge O’Neill stipulated that the order must be complied with by October 31, with the case to resume on November 18.