RTE has been accused of forgery and carrying out criminal offences in making an undercover expose of Hyde and Seek creches.

Four Hyde & Seek creches had been ordered to close by December 31 on foot of an order of Tusla, Child and Family Agency, to remove them from the register.

They are located at Tolka Road, Shaw Street, Millbourne Avenue and Glasnevin in Dublin.

The pre-school company and the two directors also face a prosecution accused of alleged childcare failings, as a result of the RTE Investigates programme. They will face a non-jury trial on those charges at Dublin District Court in February.

The prosecution’s case in those proceedings will be based on inspectors’ reports and RTE footage.

There were 120 hours of footage filmed by undercover reporters sent into the creches and about 20 minutes were broadcast in an RTE Investigates programme earlier this year.

Meanwhile, the creche chain and two of its directors, Siobhan and Anne Davy, commenced an appeal against their de-registration today at Dublin District Court.

Aoife McNickle BL, for the Child and Family Agency sought an adjournment because there had not been enough time to secure the presence of RTE reporters in court.

The challenge has been adjourned until February, resulting in a stay on the de-registration of the four creches, which can now remain open pending the outcome of the appeal.

Solicitor Michael Staines, for the company and the Davys, told Judge Anthony Halpin the creches employed 50 people. If they closed a large number of parents and children would be discommoded, he said as he opened the appeal.

The Glasnevin creche was built in 2014, had all mod cons and the vast majority of the parents were happy with it, the solicitor said.

One or two parents of this or the other creches complained to RTE which decided to investigate and sent two employees into some of them, said Mr Staines.

He told the court, “They forged documents in order to convince my clients they were people other than who they were, and were capable of working in a creche”.

The solicitor said an undercover agent committed criminal offences and certain complaints will be made soon.

“We are certain there was selective editing of film on certain occasions,” he said. He cited an example where he said the documentary showed what appeared to have happened over 40 seconds, when other film had been taken and it was “spliced together”.

The solicitor said he will be able to show that when he has an opportunity to cross-examine RTE witnesses.

Mr Staines also said RTE undercover reporters were complicit in alleged breaches. He said in one case an unsupervised infant was in a cot with a bottle of milk.

“The reporter placed the child in the cot saying ‘I’m sorry’, and over the 40 seconds the child could have choked,” he said.

Mr Staines told the appeal, “The undercover agent was more concerned with producing film rather than going to the aid of the child.”

The solicitor said there were similar incidents he would welcome the opportunity to deal with in cross-examination.

Siobhan Davy was present for the part-heard appeal but did not address the court.

Mr Staines said his clients were happy they had complied with Tusla and engaged over several months since the RTE television programme to ensure all matters were in order.

The Child and Family Agency had examined and attended the premises on many occasions and focused on them as a result of the documentary, he said.

His clients were happy there was no credence in the claims.

Mr Staines addressed the issue of staff vetting. It took time for qualifications from overseas workers to be recognised and when staff came from other childcare facilities, they had to be revetted, he said.

Vetting was not transferable.

Using a football team analogy, Mr Staines said the creche got over that problem, by having “one or two people on the bench”. They were “subs that can be called on at short notice,” he said.

RTÉ fully stands over the investigation and how it was carried out.

The broadcaster has said previously that their undercover researchers had the required qualifications and were Garda vetted for working with children.

They also worked with two care experts who advised them at all points on the evidence gathered by the researchers.

“If called by TULSA as witnesses when the case returns in February, RTÉ staff will appear,” a spokesperson said.

Online Editors