An after-school care provider is being investigated over an incident that parents claim was child-on-child sexual abuse of their daughter.
Children's Education and Care Assurance (CECA) is investigating provider Kids Biz OSHC for allegedly failing to report an incident at a primary school.
Parents claim the provider failed to properly supervise children.
The Canberra Times has decided not to name the school, which is run by the Catholic Education Canberra and Goulburn Office, to protect the identities of the children involved.
Kids Biz OSHC declined to respond to multiple requests for comment.
The allegation
Parents of a primary school student claim she was sexually abused by another child while under the care of Kids Biz in late 2022.
Sean and Sara said then five-year-old Mia (not their real names) was abused in a toilet during after-school care on the school premises on November 30.
CECA referred to the incident as "sexualised behaviour between peers".
Sara said Mia told her, the school principal and a teacher about the incident on December 2.
The mother said the principal told her two other children were also involved in incidents with the same child in toilet cubicles.
She believes one of those incidents happened before the one with her daughter, on November 30, and another occurred afterwards.
Reporting requirements
According to a CECA spokesperson, after school providers must notify the authority of any "serious incidents" that occur within 24 hours.
"In this case it is KidsBiz who have a legal obligation to notify CECA. For serious incidents and complaints, the approved provider must notify the regulatory authority within 24 hours of the complaint and/or incident," they said.
Earlier this year, Mia's parents complained to CECA about a separate issue with Kids Biz regarding one of their other children.
When they referred to the incident involving Mia, CECA said it had no record of it.
"CECA currently have one investigation ongoing in relation to Kids Biz OSHC involving an allegation of sexualised behaviour between peers," a CECA spokesperson said.
"CECA were made aware of the alleged incident 18 months after the allegation through a direct complaint. The approved provider notified CECA simultaneously of the complaint.
"CECA is investigating whether there are any failings to notify the regulatory authority of any complaints or serious incidents."
The spokesperson said that by reporting to the authority, CECA would ensure families are referred to the Child at Risk Health Unit at Canberra Hospital.
They said experts at the unit can help support children and families and manage harmful sexualised behaviour.
Incident report
In April 2024, the parents requested Kids Biz provide them with an incident report.
Kids Biz sent the report in May.
According to the report, the Kids Biz OSCH coordinator was notified of the incident involving Mia two days after it happened.
The incident report was dated as being written 11 days after the coordinator was informed, despite serious incidents needing to be reported to CECA within 24 hours.
The report also says no regulatory authority was contacted.
According to the report, the principal told the Kids Biz coordinator that Mia was "made to go into the toilets by [another] child".
That report said a supervisor told all educators about a non-specific incident and told them to be vigilant around the toilets.
Educators were told to prevent children accessing toilets at the same time and check they were being used appropriately.
"All children attending after-school care on November 30, December 1 and December 5, were reminded of the rules for the toilets and regular toilet checks were completed," the report said.
The school removed locks on the outside of toilet cubicle doors on December 1.
Failure to supervise?
Mia's parents said Kids Biz did not properly supervise children after the incident with their daughter.
Sean said he saw the toilet blocks unmonitored several times when picking children up from after-school care.
On one occasion, he found his daughter hiding in a toilet cubicle with another child.
"You would think that after what had happened they'd be on top of that sort of stuff to ensure they never let it happen again," the father said.
Sara said she could not "look at anyone I know that goes to that centre in the eye and say, 'Your child is safe'."
"At the time we departed the centre, [they] still didn't have the processes in place to protect all the children that they have in their care," she said.
The parents constantly worry about how the 2022 incident will impact Mia, saying she has nightmares and insecurities.
"You also don't know whether or not she's going to have PTSD when she's older, and what sort of memories might come flooding back and how that will present in the future," Sara said.
"We've had to be really clear with her that she's not to blame, and that there were adults around who should have protected her. You were vulnerable, you were a young child, it's not your fault this happened to you.
"As parents we put our children in the care of these people that assure us that they can be trusted to protect them - so it's clear who's at fault here. It's not our daughter, it's not even the [other child] - the fault lays squarely at the feet of the provider."
Catholic Education responsibility
The Catholic Education Canberra and Goulburn office had no legal responsibility to notify CECA of the incident, CECA said.
Director of Catholic Education Canberra and Goulburn Ross Fox said "ensuring a safe environment for children is the absolute priority for all Catholic schools".
Without commenting on specific cases, he said Catholic Education follows strict mandatory reporting requirements.
A spokesperson for the Community Services Directorate said they could not comment on any individual cases.
They said, "whether mandatory reporting applies in your scenario depends on the type of alleged abuse. If it involves sexual abuse, reporting is mandatory.
"A mandatory reporter must not only believe a report has been made but also take steps to ensure that it was in fact made [but] is not guilty of an offence for not reporting if they reasonably believe that someone else has already reported the matter to the director-general."
ACT police confirmed they were not notified of any incidents at the school.
'Wide range of powers'
While CECA's investigation is ongoing, the authority said it has a "wide range of powers to protect children from harm and hazards or address unlawful conduct".
This includes suspension and cancellation of service approvals in very serious cases.
"If there is an immediate and significant risk of serious harm to children, then the national law enables CECA to exercise emergency action powers or temporarily suspend the operation of a service," a spokesperson said.
Mr Fox, from the Catholic Education Canberra and Goulburn Office, said they continuously monitor the performance of after-school providers.
"Any adverse findings would be closely examined and may determine whether there is an on-going relationship," he said.
-
Know more? Email lanie.tindale@canberratimes.com.au
