After School Care Provider OSHClub Fined $33,000 for Supervision Lapse Involving Autistic Child
The State Administrative Tribunal has imposed a $33,000 fine on OSHClub, a prominent after school care provider, following an incident where a five-year-old autistic boy was left unsupervised on an oval. The event, which occurred on February 20 last year at Samson OSHClub located within Samson Primary School, involved staff responsible for monitoring 14 children during an outdoor activity.
Details of the Incident and Supervision Failures
According to tribunal documents, two staff members escorted the children to the school's oval, but the boy, referred to as L, who has complex needs including autism and ADHD, wandered away from the group at approximately 3:15 pm. He was found unsupervised for about 10 minutes before a concerned mother from another group of children noticed him and took him to the school office by 3:30 pm. The boy's parents were subsequently alerted, and his mother arrived to pick him up.
An investigation by the Department of Communities revealed multiple critical failures by OSHClub staff. Despite conducting a headcount at 3:30 pm that recorded one fewer child, staff failed to notice the boy was missing. One staffer involved was on her first day of work and had not received an induction, and she was tasked with monitoring the children at the time of the incident. Additionally, the service lacked a proper staff record for this educator, including authorisation to work with children, which was later obtained from another service.
Lack of Safeguards and Regulatory Non-Compliance
Further issues included the boy not wearing an identifiable vest, as staff claimed he disliked them, with no alternative safeguards implemented to help identify him. The incident was categorized as a serious incident, but OSHClub failed to report it to the regulator by the required deadline of 4 pm the following day; instead, the child's mother notified authorities on February 24.
In a statement following the penalty, the Department of Communities emphasized that no support plans were in place to address the boy's specific needs. Angelo Barbaro, Director of Regulation and Quality at Communities, stated, "Services must ensure that their staff are prepared to actively supervise all children in their care, no matter their needs or circumstances." He added that inadequate supervision poses significant risks and urged providers to maintain constant vigilance to avoid penalties and ensure child safety.
Background and Broader Implications
OSHClub, part of the Junior Adventures Group, offers before, after-school, and holiday programs at Samson Primary School and other locations across Western Australia. This case underscores ongoing concerns about supervision standards in education and care services, particularly for children with additional needs. The tribunal's decision serves as a stark reminder of the legal and ethical responsibilities held by childcare providers to protect vulnerable children from harm.
