The NSW Deputy State Coroner has handed down his findings into the death of this 7 month old child while in the care of a Family Day Care educator. This case has been the subject of a number of previous posts. The full report is quite detailed and a brief summary only of key aspects is given in this post.
In relation to the death of Jack Loh, the Coroner found that:
Jack Loh died on 4 March 2019 at The Sydney Children’s Hospital, Randwick NSW 2031. The cause of Jack’s death was unrecognised pulmonary hypertension in a setting of unsafe sleeping conditions, which occurred when Jack was placed down to sleep by an educator at a family day care centre. Whilst cardiac investigations prior to 4 March 2019 likely would have identified Jack’s underlying pulmonary hypertension, there was no clear indication from Jack’s two previous presentations to hospital, or from his general medical history, for such investigations to be performed. It is most likely that placing Jack to sleep on 4 March 2019 fully clothed and loosely wrapped; in a bassinet that was inappropriate and unsafe for his age, size and stage of development, and that contained extraneous bedding material; in a room which was poorly ventilated and not temperature appropriate; and in circumstances where Jack was not regularly checked on, were all contributory factors to Jack’s death.
The Coroner canvassed a number of issues in his report:
Was the child's medical condition diagnosable?
Did putting the child on his tummy to sleep contribute to death?
Was the bassinet that the child was put in appropriate for a child of his age and size?
Did the educator respond in an appropriate and timely manner?
Did the Rhythm and Rhyme Centre have appropriate safe sleeping practices in place and, if so, were they complied with?
Should any changes to the National Law concerning safe sleeping practices of children in day care be recommended?
What type of background and qualifications does a person need in order to become an Approved Provider and Approved Service?
Was the regulatory oversight of Kidstart (approved provider) by the Department in accordance with the National Law, reasonable and in accordance with good practice?
Was the supervision of the Rhythm and Rhyme Centre by Kidstart in accordance with the National Law, reasonable, and in accordance with good practice?
Should any changes to the regulatory regime governing oversight of Approved Providers of family day care centres be recommended?
In relation to these issues the Coroner made some significant recommendations in relation to current regulatory requirements:
The NSW Government, in consultation with the governments of other jurisdictions under the National Quality Framework, take steps to amend the National Law so that Family Day Care educators are required to undertake mandatory safe sleep training.
The NSW Government support the proposal under the National Quality Framework review to require that Family Day Care educators complete the Certificate III in Early Childhood Education and Care before they can commence as an educator.
The NSW Government, in consultation with the governments of other jurisdictions under the National Quality Framework, take steps to amend the regulatory regime in relation to Family Day Care services so that Approved Providers are required to undertake a risk assessment in respect of an educator’s implementation of sleep and rest policies and procedures.
The NSW Government, in consultation with the governments of other jurisdictions under the NQF, take steps to amend the National Law and/or National Regulations to expressly prohibit the use of bassinets in all early childhood education and care settings.
The NSW Government, in consultation with the governments of other jurisdictions under the NQF, take steps to amend the National Law and/or National Regulations to require that an applicant for Provider approval (or the persons with management and control of an applicant) must: (a) have an approved diploma level education and care qualification or an approved early childhood teaching qualification; (b) have at least three years’ experience in an education and care service or children’s service or a school or in a service regulated under a former education and care services law; and (c) undertake a risk-based knowledge assessment administered by the Department to demonstrate an applicant has a sufficient standard of knowledge of how an education and care service is to operate in compliance with the NQF.
The NSW Government continue to work with the Commonwealth Government and other jurisdictions through the NQF review to enable a contemporaneous Family Day Care register to capture requirements referred to in section 269 of the National Law, specifically those parts of regulation 153 of the National Regulations that relate to: (a) names and dates of birth of children attending the Service; (b) names and contact phone numbers of educators, coordinators and educator assistants; (c) days and hours of care and number of children attending per session; (d) relevant dates (for example, residence assessment date, educator commencement/end dates); (e) educators operating above ratio (and the applicable approved provider approved exceptional circumstance); and (f) Provider Digital Access numbers for Family Day Care educators and Coordinators.
The NSW Department of Education and the Department of Education, Skills and Employment (DESE) develop and implement an information sharing protocol which may require legislative amendment, such that it provides the NSW Regulatory Authority with access to relevant information held by DESE with respect to Approved Providers and family day care Educators.
I hope the inquest findings provide some impetus for reform of the current regulatory regime.
ABC Online and The Sydney Morning Herald carried news reports on the inquest findings.
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