Child welfare prosecutions thrown into doubt following court ruling

Prosecutions by the Child and Family Agency against creches over the welfare of children – as well as individuals accused of abusing young people – have been thrown into doubt following a court ruling.

A case over alleged breaches of childcare regulations by Giraffe creche in Stepaside was struck out by the Dublin District Court yesterday after a judge ruled the Child and Family Agency did not have legal standing to bring the prosecution.

The creche was one of a number featured in an RTÉ Prime Time broadcast on care standards in childcare.

However, the ruling also throws into doubt a much wider range of prosecutions or charges relating to the alleged mistreatment or abuse of children.

Judicial review

Judge Hugh O’Donnell ruled that the agency did not have standing to bring retrospective prosecutions, as the organisation was only incorporated on January 1st of this year.

This is the date the agency – also known as Tusla – took over responsibility from the Health Service Executive for services relating to children.

In a statement, the agency's chief executive Gordon Jeyes indicated he would seek a judicial review of the ruling.

“It is imperative that Tusla has at its disposal all legitimate powers to protect the rights of children and, where it feels such rights have been impinged, it is critical that Tusla has recourse to the law to address these matters,” he said.

Retrospective

Mr Jeyes said it was his understanding that the Act under which the agency was created gave it all necessary powers to bring retrospective prosecutions.

It is understood at least three cases are pending relating to creches over alleged breaches in care standards that occurred prior to January 1st of this year.

But there may be many more cases relating to the abuse or mistreatment of children which may also be affected by the ruling.

A spokeswoman was unable to say how many cases may be affected last night, but officials were understood to be establishing the extent of cases that are likely to be affected.

The charges against Giraffe yesterday related to issues such as childcare ratios, welfare and safety and date back to April last year.

Last month, the same judge dismissed a charge of wilful neglect against an employee at the creche.