Tusla and HSE seek to have the couple’s claims struck out on grounds of inordinate and inexcusable delay
Lawyers for the couple opposed the pre-trial applications and argued that the defendants had suffered no prejudice arising out of the delays complained of.
The court heard that after contracting Hepatitis A the plaintiffs and their children had to move out of their apartment for a period and live with relatives while that property was sterilised and underwent a “deep clean”.The father suffered from drug addiction for a period, the court heard. The mother later entered a new relationship with a man who assaulted her and was abusive. At one point she lost custody of her children to her former partner.
The judge said that the plaintiffs claim the creche failed to adhere to proper health, safety, and hygiene requirements. They also claim the HSE and Tusla had statutory responsibility for the inspection and supervision of the childcare facilities. The HSE and Tusla are alleged to have failed to inspect, supervise, and monitor the creche properly and had failed to notify parents whose children attended the creche of the outbreak of that disease.
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