The HSE reports show that significant problems of compliance do exist, writes John Downes
The request submitted by The Irish Times for HSE inspection reports relates to children's nurseries/creches with more than 10 children. Some are part-time, others offer a full day's care. Others no longer exist.
Many of the HSE reports, released under the Freedom of Information Act, contain praise for the efforts of those involved. Yet they also contain thinly veiled criticism. Of the 160 inspection reports, only 21 returned a verdict of "full compliance" with the regulations.
When contacted by The Irish Times, owners and operators of several of the pre-school services which appear in the reports were quick to point out that they had made the required alterations. Otherwise, they said the HSE would not allow them to continue. Several such services have closed in the intervening period albeit for a variety of reasons.
An inspection of one community playgroup, New Beginnings in Castlebar, noted that it had been found to need a new premises in a previous inspection, dated November 2003. Yet the subsequent inspection on March 8th, 2005, found only one staff member was present on several occasions in the same building.
One of the group's leaders, Ann Garrett, said the funding "simply is not there" for a new premises. The group, which provides a low-cost childcare service for the area, has taken what steps it could, apart from moving to new premises. For example, it now has three adults present at all times for the 15-16 children it has enrolled. It is also hoping either to apply for funding for a new building, or that a new site will be found shortly.
Many of the inspection reports noted what appear to be relatively minor problems. Yet the inspectors point out that the regulations are basic in their nature. Inspectors also tend to treat breaches of safety, or insufficient staff/pupil ratios, more seriously than other, more procedural issues.
The reports reveal that significant problems do exist. By way of example - and it is by no means alone - one creche, Sticky Fingers in Athenry, Co Galway, was found to have a catalogue of breaches.
Among the issues highlighted in the report of an inspection on April 13th, 2005 are the storage of hazardous substances in inappropriate locations, inadequate fire precautions, and an external play area which is not secured, allowing pre-school children access to a roadway or other sources of danger.
Responding, its owner, Mary Burke, said that she had since been visited by the HSE, which found that it had addressed the issues concerned. She acknowledged, however, that the lack of a proper external play area had not yet been addressed, as she is awaiting a capital grant for this.
Other problems highlighted in relation to another pre-school, The Little Way Montessori in Westport, included the fact that the front door was left open during the session.
Its owner, Karina MacBride, said there had been an issue there, but that this had since been addressed.
Many of the problems could be attributed to "teething problems" associated with the move last year to a purpose-built new premises, she said.
The HSE does not technically have the ability to shut down a creche or other pre-school service.
But it can threaten court action under Section 57 of the 1991 Child Care Act. Ultimately, this allows for a fine not exceeding £1,000 (€1,270), and a prohibition order stopping an individual from carrying on a pre-school service. But it rarely, if ever, comes to this, with those involved either meeting their obligations, or ceasing business.
Nevertheless, the fact that so few services in the HSE west area are passing what are, in essence, basic regulations introduced to bring a previously unregulated industry up to standard, will be of concern to many parents.
FOI process: how regions responded
Most of the 10 HSE regions said they could not respond to Freedom of Information applications for inspection reports unless they were paid substantial search and retrieval fees.
The original request, submitted last October for circulation to the HSE's regional offices, sought reports of inspection between October 1st, 2004 and September 30th, 2005. The following is an outline of the provisional charges requested. (The prescribed charge for each hour of work is €20.95. Search and retrieval work cannot be carried out until a deposit is paid for any search and retrieval fees over €50):
HSE West: Facilitated the request following receipt of standard €15 fee.
HSE South Eastern Area: Estimated a search and retrieval charge of €838, and requested a deposit of €250.
HSE South Western Area: Estimated search and retrieval and photocopying costs of €869.42, with a deposit of €434.71 due.
HSE North Eastern Area: Requested a deposit of €240 on an estimated charge of €481.85.
HSE Southern Area: Estimated original search and retrieval fees of €733.25 which it then reduced to €366.62, due to a delay in responding to request. Asked for a deposit of €183.31.
HSE Mid West: Asked for €200 to "facilitate the processing of this request". Anticipated releasing about two-thirds of this by the due date of reply, with the remainder available at a later date. Released other information requested. Has since set a date of January 13th for receipt of reply to its request for charges.
HSE North Area: Estimated total "search and retrieval" charges of €188.55. Sought a deposit of €94.28.
HSE East Coast: Estimated charges of €439.95, and requested a deposit of €220.
HSE North Western Area: Responded in December, indicating it was working on request but unable to meet deadline. No indication of planned charges, if any.
HSE Midland Area: No record of response.
HSE creche inspection reports:
Sample quotes from inspections conducted between October 1st, 2004 and September 30th, 2005. All of those inspected were given a timeframe in which to respond.
"Hazardous substances noted to be stored in inappropriate locations . . . External play area not secured allowing pre-school children access to a roadway or other source of danger . . . No restrictive opening safety devices on windows and first floor level." (Sticky Fingers Creche, Athenry, Co Galway)
"I noted that in the AM session there was only one adult present on (cites several occasions). . . [ the] Regulations (of) 1996 clearly state that two adults must be on the premises at all times."
(New Beginnings Community Playgroup, Castlebar, Co Mayo)
"Inadequate toilet facilities. No nappy changing area for special needs children. No outdoor play area. No heating system in main hall . . ." (Swinford Community Playgroup, Co Mayo)
"No outdoor play area... Inadequate space for storage of play equipment." (Louisburgh Community Playgroup, Louisburgh, Co Mayo)
"In sleep room I observed toddler asleep in cot with full bottle of milk . . . I spoke with [ name deleted] around the dangers of putting a child to sleep in a cot with a full bottle"
(Children's Castle, Castlebar, Co Mayo.)
"No hot water in taps in toilets . . . Temperature of the hot water in wash hand basin of the creche was 70 degrees C." (Children's Castle, Castlebar, Co Mayo)
"Front door opened during session. Door to kitchen area opened during session. Fire doors can be opened too easily by pre-school children." (The Little Way Montessori, Westport, Co Mayo)