Red Flags on Child Safety at an ECE Centre Ignored: The Long Road to Cancelling its Licence

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Red Flags on Child Safety at an ECE Centre Ignored: The Long Road to Cancelling its Licence

OPINION – 25 February 2022
Dr Sarah Alexander

In 2020, the Ministry of Education (MOE) received complaints from parents and teachers about Pitter Patter in Feilding, an owner‑operated early childhood centre. Concerns raised included the use of sleep rooms as a form of discipline, administering medication without parental permission, hygiene issues, hot water risks, food quality, ventilation, and allegations of inappropriate behaviour toward children.

This was not the first time concerns had been raised. Former teachers reported that the MOE had visited the centre in 2018 to investigate complaints about the use of the sleep room for punishment. Some staff said they had attempted to raise concerns but did not feel heard (Read more).

Key themes highlighted by the case

  • The Ministry’s processes can result in extended timeframes before a licence is cancelled.
  • Parents and teachers may need to persist to have concerns addressed.
  • Complainants may not always receive support during the process.
  • Sector organisations may influence investigations to support their service provider centre member’s interest

Timeline of events

17 November 2020: The MOE conducted an on‑site assessment.

19 November 2020: The Early Childhood Council (ECC), acting on behalf of the centre owner, contacted the MOE seeking clarification about a notice of licence suspension. The Ministry advised that the suspension related to one breach – GMA7A, concerning safety checking of children’s workers. The licence would be reinstated once documentation was provided. The suspension took effect on 23 November.

30 November 2020: The MOE issued a new suspension, citing breaches in adult‑child ratios, management practices, documentation and record‑keeping, and reasonable grounds to believe there had been ill‑treatment of children. On 13 December 2020, the centre’s full licence was reinstated.

When asked by Radio NZ whether it was appropriate to reopen the centre while investigations were ongoing, the ECC chief executive said it was acceptable and stated that the allegations had not been substantiated. (Note that the ECC had previously lobbied the ministry to disregard all complaints in its complaints recording system “from vexatious ex-staff with axes to grind or from disgruntled parents” – see it’s press release: http://www.voxy.co.nz/national/5/372857)

One condition for lifting the suspension was that the owner, Pauline Murphy, would not enter the centre during licensed hours or have contact with children. Another condition required the centre to appoint an independent person for parents to raise concerns with. The person appointed was Sue Kurtovich, a former ECC chief executive and life member who had previously represented the centre.

Some complainants reported feeling unable to speak publicly due to the small community context. A parent who had agreed to participate in a TVNZ Sunday programme later withdrew due to concerns about repercussions and community willingness to talk with the media was effectively silenced.

8 February 2021: Following another site visit, the MOE identified 33 breaches of regulations and licensing criteria. The centre remained open and fully funded, with its licence downgraded to provisional. It is not known whether the Ministry was aware that the additional time allowed for compliance enabled the owner to sell the centre business as an ongoing concern.

15 March 2021: The MOE received a change‑of‑ownership application.
19 March 2021: An “Intention to Cancel” notice was issued to the existing service provider.
1 April 2021: The cancellation took effect, and the new owner was granted a licence.

UPDATE: 25 March 2024

The Teachers’ Disciplinary Tribunal has completed its investigation into whether Pauline Murphy should remain a registered teacher. The Tribunal found her guilty of serious misconduct involving ill‑treatment of children and bullying of staff between 2010 and 2021. It rejected her claim that she was the victim of a “witch‑hunt.” Examples cited in the decision included smacking a child and telling a teacher she was “too fat to eat KFC.”

Murphy has been censured, deregistered, and ordered to pay nearly $40,000 in costs.

Read more: Feilding’s Pitter Patter daycare owner deregistered as a teacher, ordered to pay $40k

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