Compliance Bulletin

Supervision 

The number one cause of children absconding from an education and care service is inadequate supervision.

It is a serious incident when a child in an education and care service is missing or unaccounted for. There have been a series of incidents where children have left education and care services unnoticed by staff. It is disturbing to note that in all of these incidents, staff were made aware of the missing child, or the whereabouts of the missing child, by other children at the service or members of the public. 

All these children were at risk of potential harm and were vulnerable to either traffic in carparks or on roads, risks in nearby bushland, and other threats while outside the service unsupervised.

Busy Bees Wellard

In August 2021, a three-year-old child left the service via the front door and gate, unsupervised and unnoticed by staff. The child was non-verbal and had behavioural issues known to the service at the time of the incident.

The service is located adjacent to Wellard train station carpark, and CCTV footage showed the child running on the footpath, crossing into train station carpark, and running through the carpark.

A parent, who was leaving the service after collecting his own child, followed the child into the train station carpark and another member of public alerted the service.

The Department took action in the SAT for a contravention of section 165(1) and 167(1) of the Education and Care Service National Law (Western Australia). 

Penalty $21,000 (global) and $1,000 in legal costs.

Gingin Early Learning Centre

In December 2021, an eight-year-old child left the service and made his way to his home, one km from the service’s premises. Walking from the premises to his house would have involved the child taking several shortcuts along bush paths.

It was only when another child asked educators where the child was that educators realised the child was missing. A search was conducted, and the child was located at his home after about 15 minutes.

The investigation found that the service did not have any locking mechanisms or alarms on its doors to alert educators to children leaving the service unattended.

The Department took action in the SAT for a contravention of section 165(1) of the Education and Care Service National Law (Western Australia). 

Penalty $12,000 and $1,000 in legal costs.

Peter Carnley Anglican School OSHC, Wellard.

In December 2021, A four-year-old child left the service, and began walking home, via Wellard Road. A member of the public sighted the child walking alone on Wellard Road and stopped to check on him. They then took him to the Kwinana Police Station where his parents were contacted.

The service was alerted to the child being missing by another child. The service contacted Police and shortly after the service was advised the child had been taken to the Kwinana Police Station. The child was unsupervised by the service for about 23 minutes.

The Department took action in the SAT for a contravention of section 165(1) of the Education and Care Service National Law (Western Australia). 

Penalty $12,000 and $2,000 in legal costs.

The Department of Communities is alerting you to these matters to further highlight your responsibilities as a service provider, as these highlight the continued lack of focus by many service providers that is required to prevent such incidents. An assessment of all recent matters shows a consistent failure in the approach to supervision activities and a lack of recognition to take action and review existing policies and practices.

Supervision is everyone’s responsibility, however the approved provider, nominated supervisor and, if applicable, family day care educator, of an education and care service must ensure that all children in their care are adequately supervised at all times. They must ensure that every reasonable precaution is taken to protect these children from harm and from any hazard likely to cause injury.

Supervision involves more than preventing or responding to potential or actual harm and hazards. It requires providers to ensure that all educators are actively involved with children and have knowledge of what each child is doing at any given time of the day. 
 
Supervision practices should form part of program planning as a result of effective critical reflection and risk assessment of the environment. Providers should ensure that educators position themselves at higher risk activities to facilitate 1:1 supervision or a higher/direct level of supervision.

Supervision is more than complying with the minimum educator to child ratios.

Ongoing regular review of policies and procedures should be part of your Quality Improvement Plan (QIP) as well as ensuring that the information is current and up to date. It is best practice to conduct a review of policies and procedures following an incident, complaint, or event.

In this 3-minute video educators discuss how they provide adequate supervision during activities and transition times.  

At the recent ECRU Compliance Roadshows further information was shared regarding supervision practices. The Presentation and the Resource documents will be available on the ECRU webpage once the roadshows have concluded.