Slater and Gordon says childcare providers have serious questions to answer

Lawyers say the alleged abuse uncovered in Victorian childcare centres has put the childcare sector on notice that Australians are no longer going to stand for profits being put ahead of the welfare of children.

Slater and Gordon Abuse Law Practice Leader, Sam Carroll, said parents were right to be asking questions about the safety of their children while at these centres.

Slater and Gordon is providing advice to affected families who have contacted the firm.

There are significant questions that these centres need to answer, including if any concerns had previously been raised about the accused, and whether any concerns had been appropriately investigated and or communicated.

“Was there sufficient inquiry made before the accused was hired, including with previous employers?

“Should a work history of 20 childcare centres in 8 years have been a red flag?

“What were the supervisory conditions in place, including to cover breaks?

“And how much did the layout of the centres contribute to any alleged offending, including the ability to photograph that offending?”

Mr Carroll said it must be every parent’s nightmare that they now find themselves in this position.

"At the heart of this tragedy is the wellbeing of the children. But in situations like this, even the most caring parents can be left unsure of what to say or do.

“Deciding whether to tell a child they’ve been abused is an unthinkably difficult position for any parent.”

Parents always want to protect their children, but in circumstances like this, there’s no clear or ‘right’ path. Many are left grappling with whether or not to tell their child of the abuse, which can be an overwhelming and heartbreaking decision.

“Parents and the public have a right to know whether the checks and balances in place in these centres were sufficient to protect the children in their care.

“What we have seen in similar scenarios for clients that we represent is that the answers to these questions are simply not good enough.

“These centres say that child safety is paramount, but how can that be when such horrific and prolific alleged offending has been allowed to occur over such a long period of time?

The fact that most of the accused’s childcare work was with two of the bigger for-profit childcare providers in Australia, Affinity and G8, is of particular concern.

“Slater and Gordon, who recently settled shareholder class action against G8, is aware of the speculation in the media as to the prospect of bringing a class action in respect of the accused’s alleged offending.

“The focus should be on the affected families and allowing the ongoing investigations to identify the extent of the alleged abuse.

Until more is known about the failures that allowed the alleged abuse to occur and the foreseeability of those failures, it is premature to be speculating about potential sums that might be obtained, the prospects of litigation and the form of any such litigation.

“If a class action is ultimately to be brought, it should be by experienced class action and abuse law practitioners, who are highly skilled and trained in trauma-informed practice,” Mr Carroll said.