A PRE-SCHOOL operator has lost a High Court action aimed at quashing her District Court conviction and €250 fine for failing to ensure a “sufficient” number of competent adults were supervising the children when the premises was inspected.
Mr Justice Bryan McMahon ruled the District Court was “clearly entitled” to convict Carol English on the basis of its finding that the two adults present when her premises were inspected were not a “sufficient” number within the meaning of the relevant regulations to cater for the 24 children on site.
He noted Ms English was aware of the relevant regulations and guidelines and had advertised her premises as conforming to guidelines for recommended pre-school competent adult/children ratios.
In those circumstances, Ms English could not have been surprised that a court would be very likely to consider a minimum ratio of one adult supervisor to six children was required, he added.
Ms English, who operates a pre-school facility at Blackwater Drive, Abbeylands, Navan, Co Meath, had taken her High Court proceedings after she was prosecuted by the HSE at Navan District Court on May 10th, 2006, for her failure to comply with Article 7 of the Child Care (Pre-School Services) Regulations 1996.
Article 7 requires a pre-school operator to ensure a sufficient number of competent adults supervise the pre-school children in their service at all times. Ms English was fined €250 and costs were also imposed. A stay on execution of the District Court order was put in place pending the outcome of her High Court challenge.
In her action, Ms English argued that Article 7 cannot be regarded as constituting a criminal offence because it does not specify an exact staff/child ratio and only refers to the word “sufficient”.
She also argued the Minister for Health had wrongly delegated powers to either civil servants or the HSE in the production of a guide to requirements for pre-school operators, which also included an outline of the procedure for inspection.
