A south Co Dublin childcare provider who became “aggressive” and obstructed a Tusla inspection has avoided a criminal record after agreeing to pay €2,000 towards the prosecution’s costs.
Padraig O’Connor pleaded guilty at Dublin District Court to two offences under the 1991 Childcare Act following a prosecution by the child and family agency. The charges could have resulted in court convictions and fines totalling €10,000.
Judge Anthony Halpin noted on Monday that O’Connor complied with an order made three weeks ago to pay the sum towards prosecution costs. He then applied the Probation of Offenders Act, sparing the accused a recorded conviction.
The judge said the law around such prosecutions, where a recorded conviction could see a defendant taken off the childcare provider register, was “draconian”.
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O’Connor was accused of obstructing or impeding a Tusla inspector and providing a preschool service while not being on the register of prescribed early years service providers. The prosecution stemmed from an inspection at Little Puddles Childcare, Glandore Park, Lower Mountdown Road, Glenageary on July 28th, 2022.
Morgan Shelly BL, instructed by solicitor Arthur Denneny, for Tusla, said the agency dropped three similar charges subject to a guilty plea on a full facts basis in the remaining two counts.
He said the childcare service O’Connor operated with his wife at their home was registered for school-age children but not as a preschool provider.
Tusla inspector Ide Cronin told Judge Halpin she had obtained a warrant for her examination and noticed eight children aged two to four years were present. She said O’Connor “shouted” and 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 at the centre and O’Connor claimed he was exempt from registration because it was a “summer camp”. Mr Shelly said a preschool-age summer camp required registration or temporary registration.
Questioned by defence counsel, the inspector confirmed she was satisfied with the level of care provided at the centre.
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