WA service given $22,000 penalty after three children were found locked inside a shed

A long day care service in Western Australia, part of a national chain of early childhood education and care (ECEC) services, has been penalised $20,000 for contravening section 165(1) of the Education and Care Services National Law (WA) Act 2012 for the offence of inadequate supervision of a child in relation to a September 2023 incident, as well as paying $2,000 towards legal costs. 

 

On 15 September 2023 three children, all around three years of age, were amongst 70 children present in the service, and were unsupervised when they approached a storage shed at the service, lifting up the unlocked door, walking inside, and closing the door behind them, locking it inadvertently. 

 

Approximately seven minutes later an educator arrived at the shed, realised the children were inside, and left to get a key to let them out. 

 

The three children exited the shed and went to the main outdoor play area, returning to the shed a short time later, again unsupervised. 

 

On the second occasion they were unable to access the shed as it had now been locked. 

 

While the service had a supervision plan for the outdoor area, which included requiring all educators to be at or near one of various positions to ensure all children in all areas were in sight at all times of at least one educator, the educators present on the day of the incident were not positioned according to the plan, and the approved provider did not have any system in place to monitor whether educators knew and were following the supervision plan at all times. 

 

Approved provider defence outlined extensive supervision efforts prior to incident

 

In its defence, the approved provider noted that the supervision plan was introduced to all educators in June 2022, and sits as a standing agenda item for staff meetings, with posters also displayed throughout the relevant areas reminding educators of their importance, and are included in the induction process for all new staff. 

 

Additionally a Supervision Training package was delivered face-to-face to employees at the service on 24 January 2023 where all employees were expected to be present. It was a paid meeting which was compulsory. Three educators who were unable to attend the meeting due to approved leave had the same content delivered at the face-to-face meetings presented by the Executive Service Manager upon their return. 

 

During the meeting, employees were encouraged to workshop together to brainstorm solutions to different scenarios. The package specifically outlines different roles and responsibilities for each position in relation to supervision. 

 

Supervision training was provided by the People Quality Leaders (i.e. area managers) at the service on 24 January 2023 with an emphasis on head counts and checking environments. The training was put together based on feedback from the Western Australian Regulatory Authority. 

 

Educators were encouraged to understand the process with examples and scenarios emphasising the processes to take, with examples from the approved provider’s other services giving context to why this was being implemented. 

 

One on one training with each employee was conducted at the service on 24 January 2023 to break down how to complete the Working Directly with Children and Headcount record forms (to support educators in conducting thorough and regular headcounts to ensure all are accounted for) and the importance of ensuring all children are accounted for. 

 

A service safety audit and supervision monitoring report was implemented at the service on 24 January 2023 which was introduced through one on one training delivered by the People Quality Leader. The resources allow for not only leadership to monitor supervision practices but also the team members to step in and lead the process. 

 

The Curriculum Leader for the service was educated during a three hour professional learning session on active supervision, highlighting the role that they play in supporting active supervision at all times, as part of her induction when appointed in January 2023. 

 

A bespoke full-day ‘supervision conference’ was convened in WA hosted by Semann and Slattery organised by the Approved Provider for 250 educators on Saturday, 1 April 2023. All educators were paid to attend. There were no educators from the service who were able to attend, but a 3-part series from the training day is available to all educators to view at their own pace on the Learning Management System (LMS). 

 

Further efforts undertaken since the incident 

 

Since the incident the approved provider has undertaken a number of steps and actions to counsel, educate and train educators at the service, including but not limited to: 

 

• Holding a staff meeting where supervision scenarios were presented and walk through of the environment conducted. Educators reflected on the incident with the team giving them an opportunity to voice any further barriers. 

 

• Supervision plans were reviewed with employee input and communicated to all employees at the service on 19 September 2023. 

 

• Outdoor supervision risk assessments were reviewed to include the shed in question and re-delivered to all educators at the service on 19 September 2023. 

 

• A mirror was installed in the garden at the service to alleviate the blind spot around the corner leading to the shed. Additional environments were also assessed and an additional mirror installed in the staircase to assist during transitions. 

 

• Since October 2023 regular active supervision quizzes (using ACECQA educator resource cards) are conducted on the floor by the service leadership team, with feedback on practice being given in the moment

 

• In October and November 2023, a QA2 Audit was conducted by the Executive Service Manager and Curriculum Leader on the service and gaps addressed as part of a quality improvement plan. 

 

• Since December 2023 a revised supervision induction program is being delivered to all new employees prior to working directly with children.

 

• Since February 2024, monthly leadership team cluster meetings have been held, including the Executive Service Manager, Curriculum Leader, and Service Administrator.

 

• Roster coaches have been implemented since March 2024 at the service to support Executive Service Managers to deliver rosters and staffing arrangements that foster continuity of care and review of the services workforce plan. People Quality Leaders review rosters on a weekly basis alongside Executive Service Managers to ensure the Supervision policy is consistent with rostering practices. 

 

• Since 8 April 2024 there has been an increased service leadership presence on the floor at the service, including the People Quality Leader and representatives from the Approved Provider. 

 

• All existing and new educators (as part of the onboarding program launched in April 2024) are required to complete an active supervision course on the online learning platform, which includes scenario-based assessments and requires a 100 per cent pass rate. 

 

• Since 8 April 2024, the People and Quality Leader has undertaken weekly visits a minimum of 2-3 days per week at the service (and will continue high level of visits and support until December 2024, when this will be reviewed). 

 

• A pink vest was introduced at the service on 9 April 2024 to highlight the key role the transition employee plays in transitions, settling and additional times support is needed.

 

• A working group was established on 1 July 2024 to offer increased support, training, knowledge and immediate hands-on assistance at the service. 

 

• Since June 2024 revised onboarding and induction booklets have been implemented for all new employees. 

 

• On 1 July 2024, the approved provider launched a Quality and Compliance Action Plan which supports recruitment/workforce planning, program and practice, safety and compliance and training and learning opportunities for employees. 

 

• Since 1 July 2024, weekly visits to the service have been undertaken by the Education and Quality partner to provide coaching and mentoring to the leadership team and educators. 

 

• An 8-Week active supervision program has been developed for all services across the company. 

 

• A recruitment plan has been developed to appoint a new Nominated Supervisor/Executive Service Manager to the service with suitable skills, knowledge, and experience. 

 

• Supervision was added to children’s educational programs to educate children to also keep themselves safe at all times. 

 

Further information about this incident is available here.