An Australian childcare centre and three of its employees are facing serious legal charges following the tragic death of a toddler, Ebony Thompson, who died in an accidental hanging after being left unsupervised.
Systemic Failures and a Fatal Incident
The charges, laid by the education department, target the Humpty Doo Community and Child Care Centre, located near Darwin, and three nominated supervisors. The allegations include inadequately supervising children and failing to protect children from harm and hazards.
These offences fall under section 165 of the National Education and Care Services legislation. If found guilty, both the childcare provider and the individuals involved could be hit with heavy financial penalties.
The incident occurred when Ebony, aged just 22 months, was discovered by staff. She was found trapped between the loops of a 90cm-high pool-style gate leading to a chicken coop. When found, she was blue and unresponsive.
A Catastrophic and Unsurvivable Injury
Northern Territory Coroner Elisabeth Armitage determined that Ebony suffered irreversible brain damage caused by accidental hanging. The tragedy unfolded when the little girl tried to peer at chickens and slipped.
The gate, constructed in a loop-topped style similar to many pool fences but only about waist-high to most adults, was situated in a known playground supervision blind spot. Investigations revealed that Ebony had been unaccounted for over a period of about 10 minutes.
Delivering her findings in October, Coroner Armitage stated it was difficult to understand why a yard check was not part of the centre's active supervision strategy. She labelled it a systemic failure on the part of the centre and QECNT.
Ebony was entrapped for four minutes or more, Armitage said. Accepting the expert evidence ... I am satisfied that when she was found her injury was catastrophic and unsurvivable.
Government Action and Family's Plea
Northern Territory Early Education Minister Jo Hersey stated this was the first time NT childcare staff had been charged, a move that sends a clear message that child safety must be the top priority.
My thoughts are with the family who live with the loss of their daughter Ebony every single day, Hersey said. Childcare centres need to be held accountable, and I will not hesitate to take action against providers who do not meet National Quality Standards.
Minister Hersey also announced that an overhaul of Quality Education and Care NT, the regulatory authority in the Territory, will be revealed in the coming weeks. The plans include cutting funding from centres that fail to meet national standards.
In the wake of the tragedy, Ebony's family has called for loop-style pool fencing to be banned. They have also advocated for a three-strike rule for centres that breach their supervision obligations.
Coroner Armitage recommended that NT authorities push for new standards in the national framework to address entrapment risks. She also advised the territory's government to undertake a public awareness campaign about the dangers of loop and rod-topped fencing.
