Service provider ES5 Pty Ltd, trading as Buggles Child Care Beeliar, was ordered to pay $22,000 and $2,000 costs by the State Administrative Tribunal for contravention of Sections 165, 167 and 174(2) of the Education and Care Service National Law (Western Australia), following an incident in August last year.
A Department of Communities investigation found that at around 4.30pm on 23 August 2021, three children, all below four years of age, exited the service’s outdoor yard through an outdoor gate.
The children were found playing on a footpath adjacent to the service’s boundary fence.
A parent who was leaving the service after collecting her child, noticed the children outside and ushered them back into the service.
An educator from the service then directed the children to move away from the gate and closed the gate.
The investigation also found that the educators had noticed this gate left open more than once during the day and failed to notify the responsible person. They also failed to ensure the gate was securely locked.
It was also found that the parent who found the children informed the responsible person about the incident the following day, however, the service failed to notify the Department of Communities Education and Care Regulatory Unit about the incident within the required timeframe of 24 hours.
Quotes from Phil Payne, Executive Director, Regulation and Quality, Department of Communities
“This is the ninth time over the past two years where disciplinary action has been taken against a service where children have left the service unattended, and staff have been unaware of them leaving.
“This is despite the Department of Communities’ Education and Care Regulatory Unit providing regular support and communication around supervision to the sector and reminding Approved Providers that they must ensure that all their staff are aware of and follow their supervision policies.
“The Department of Communities will continue to take strong action in cases where staff are unaware of a child leaving, and where there are failures in security measures such as ineffective or deficient locking mechanisms which put children at elevated risk.
“Childcare service staff must focus on active supervision of children in their care.
“It is incumbent on the Approved Provider to ensure that audits and checks are regularly conducted to ensure staff practices reflect procedures.
“Checks around outdoor areas should include a physical, not just visual, check of gates to ensure they are securely locked.
“Services should also regularly check their boundaries to eliminate any possible points of failure that could result in children having direct access out of the service.
“Staff also need to be clear on reporting harm and hazards when they are first noticed.”
Media contact: Steve Worner 0418 918 299.
