Dublin childcare operator admits obstructing Tusla inspection

Tom Tuite

A South Dublin childcare service provider has been ordered to pay €2,000 after he became “aggressive” and obstructed a Tusla inspection.

Padraig O’Connor pleaded guilty at Dublin District Court on Monday to two offences under the 1991 Childcare Act following a prosecution by the child and family agency.

Judge Anthony Halpin heard the charges were for obstructing or impeding a Tusla inspector and providing a preschool service while not being on the register of prescribed early years service providers.

The court heard the prosecution stemmed from an inspection of Little Puddles Childcare, Glandore Park, Lower Mountdown Road, Monkstown, Glenageary on July 28th 2022.

Tusla barrister Morgan Shelly, instructed by solicitor Arthur Denneny, told the court that the agency dropped three similar charges subject to a guilty plea on a full facts basis in the remaining two counts.

Counsel outlined how the childcare service that O’Connor operated with his wife at their home was registered for school-age children but not as a preschool provider for children aged up to four.

Tusla inspector Ide Cronin told Judge Halpin that she had obtained a warrant to carry out her examination and noticed eight children aged two to four years were there.

She said O’Connor “shouted”, was aggressive and threatening, saying, “You are in breach of my constitutional rights”.

The court heard he refused to provide contact details for the children’s parents, and gardaí assisted the Tusla official in searching for them.

On another date, there were seven children aged two to four there, and O’Connor claimed to Tusla that he was exempt from being registered because it was a “summer camp”.

Mr Shelly explained to the court that a preschool-age summer camp also required registration or temporary registration.

On April 24th there were three preschool children, but the inspector was satisfied that they were there for a week or two for familiarisation and preparation for after-school commencing this month.

Questioned by defence counsel Ciaran Doherty, the inspector confirmed she was satisfied with the level of care and agreed that the defendant’s wife assisted her during the inspections.

The charges could have resulted in court convictions and fines totalling €10,000.

Judge Halpin said the law in these prosecutions, where a recorded conviction could see a defendant taken off the childcare provider register, was “draconian”. He noted that the accused cooperated apart from the occasion when things became heated.

He ruled that because O’Connor pleaded guilty, the court would impose the Probation of Offenders Act, sparing him a recorded conviction, if he paid €2,000 toward prosecution costs.

The case was adjourned for three weeks.