There needs to be more clarity around de-registering a child care service, claims solicitor

Additional reporting by Conall Ó Fátharta

A solicitor specialising in family law has warned that it is important for the authorities to properly identify when a child care service is being de-registered.

It needs to be clarified that if a service is to be de-registered, who or what is being de-registered, Catherine Ghent told RTÉ radio’s Morning Ireland.

For example, is it an individual manager who has been designated the 'service provider', or does it refer to the organisation.

"We don't want a scenario where there is a cultural problem within an organisation who may try to simply submit an alternative 'service provider' without a change in culture," said Ms Ghent.

The Act does not provide for a stay for a creche to remain open in the case of an appeal, so once the time limit is fixed by which date the creche is to be closed, unless Tusla rescind their decision or an injunction is granted, time runs from the date of the notification of de-registration.

Parents need to know what is going on so they need information, said Ms Ghent who added that parents should be notified that the crèche is registered.

Ms Ghent believes that display of the register certificate should be mandatory.

Politicians should be “moving quicker” to resolve the issue “and at least get the basics right.”

She asked why it took nine months for Tusla to de-register four Hyde & Seek crèches.

Ms Ghent also pointed out that Tusla can only de-register crèches that are registered.

“What will happen to all the others that are not registered?”

Tusla has announced that it will now publish details of crèche closures and when and where inspections are carried out in a major shake-up of the sector in the wake of the Hyde & Seek scandal.

The agency said it is implementing the policies with “immediate effect” and is committed to ensuring that there is “greater communication” with parents with respect to when individual creches have been inspected and de-registered.

Tusla made the commitment after it confirmed it has removed the four Hyde & Seek crèches in Dublin from the register of early years’ services in light of disturbing allegations that were uncovered in an RTÉ investigation.

The agency said it is now taking the following steps with immediate effect:

• Publish decisions to remove early years’ services from the register on Tusla’s website;
• Publicly communicate details of de-registered services;
• Consult with parents as part of the regulatory process in 2020;
• Require providers to display their certificate of registration;
• Add the date of inspection to the register of early years services to alert parents that a report is pending.