Settlements are reached in creche lawsuits over claims toddlers were mistreated

More than 40 lawsuits taken against the operators of a creche over the alleged mistreatment of children have been settled.

The personal injury actions were filed against the Hyde & Seek chain following the broadcast in 2019 of an RTÉ documentary that used undercover filming.

The High Court is expected to rule today on settlements reached in 41 cases.

While the size of the settlements is expected to become known only today, it is thought they will amount to several hundred thousand euro in total.

The actions were brought against Hyde & Seek Childcare Ltd, Hyde & Seek Glasnevin Ltd, Anne and Peter Davy and their daughter Siobhan.

The children involved sued through their parents.

Mr Davy and his daughter are directors of the companies, while Anne Davy ceased being a director in 2022.

In the lawsuits, the plaintiffs sought damages for personal injuries, loss and damage suffered as a result of negligence, breach of duty and breach of statutory duty.

Among the claims made in the cases was that children were exposed to a culture of erratic care and a distressing care environment, and were thereby exposed to emotionally unsettling experiences.

The Hyde & Seek parties filed defences denying the allegations.

It was denied that the defendants had a duty to ensure staff did not engage in behaviour that was disrespectful, intimidating, emotionally or physically harmful or neglectful to children.

However, the agreement of the settlements means the lawsuits will not now go to trial.

The plaintiffs in the settled cases are represented by Coleman Legal.

The broadcast of the documentary, Creches – Behind Closed Doors, caused a furore at the time.

Undercover filming was used in the programme that depicted a host of failings at the Dublin city creche chain, which operates facilities at Tolka Road, Shaw Street, Millbourne Avenue and Glasnevin, Dublin.

Anne Davy (69), who was secretly filmed “roughly” handling a toddler to get him to sleep, subsequently pleaded guilty to breaching childcare regulations. She was fined €4,000 at Dublin District Court in 2022.

In all 22 charges were initially brought. However, the prosecution dropped all charges against Siobhan Davy and a creche group company after Anne Davy entered guilty pleas to three offences.

She admitted engaging in a practice that was disrespectful at her Tolka Road creche on May 8, 2019, contrary to section 19.3 of the Child Care Act 1991 (Early Years Services) Regulations 2016.

Mrs Davy also admitted having inadequate space per child ratios at the Shaw Street branch.

The court was told that 46 children were there on September 11, 2018, and 35 on July 19, 2019 – at a time when the creche had sanction for only 32.

Asked about footage in court, Tusla manager Julie Nohilly said in her opinion Mrs Davy “roughly handles the child in trying to settle him to sleep”.

Asked by the judge to place the incident on a one to 10 scale in terms of severity, the Tusla manager replied: “Nine to 10, for me,” adding: “It is harmful to the welfare of a child.”

Mrs Davy gave an undertaking never work in frontline childcare again.