Daycare asked boy’s killer about multiple injuries
The daycare centre attended by Malachi Subecz asked his wouldbe killer about the extensive injuries the child had, a failure of its own child protection policies.
Abbey’s Place Childcare Centre in Tauranga has been placed on a ‘‘provisional’’ licence by the Ministry of Education, which found ‘‘procedural failures’’ in dealing with suspected abuse including breaching at least two licensing regulations, Stuff has found. This included asking Malachi’s caregiver and abuser, Michaela Barriball, directly about the suspected abuse, despite it being repeatedly stated in the centre’s own policy that if illtreatment is suspected, the carer should not be alerted.
In early May, court documents revealed that before the 5-year-old was murdered, Abbey’s Place staff saw and photographed multiple wounds. These included a cluster of bruises under his chin, a scratch on his lower jaw, a large swelling on his forehead which hair had been pulled over, and a progressively blackening left eye, according to the police summary of facts. These were not reported to any authorities.
Ministry of Education staff visited the daycare on May 4 and downgraded the centre’s licence after its inquiries found health and safety and governance procedures were ignored or flouted. It found the centre manager was responsible for resolving the matter while on bereavement leave, with no apparent alternative steps for escalating abuse concerns and making reports to external agencies such as Oranga Tamariki or the police.
The daycare must conduct a formal internal review into the incident, ensure the centre manager understands their obligations, provide evidence of an injury log, explain failures, and give staff and board members training in how to identify and respond to child abuse.
It must do this by July 22 or risk having its licence revoked. It is being visited weekly.
Child Matters chief executive Jane Searle, whose not for profit organisation writes child protection policies and delivers training, said staff should not approach caregivers in cases where serious harm is suspected. It could endanger the child further and impact any investigation.
‘‘These are complex issues and they should seek advice from agencies,’’ Searle said.
Industry watchdog Office of Early Childhood Education chief adviser Dr Sarah Alexander questioned why it took Malachi’s death for the centre to be investigated and why it was given two months to comply.
Its licence should have been suspended immediately and reinstated only when it showed proof it had ‘‘really key, core’’ regulations in place such as an injury log, she said.
‘‘I am sorry to say this but had the child not died, had it not come to the ministry’s attention that there was abuse that was unreported, the ministry would be none the wiser,’’ she said.
‘‘What else has happened at the service that has not been reported?’’ Alexander also questioned why police had not informed the ministry of the unreported abuse when found the photographs were found during the investigation. ‘‘This is a failure on their behalf.’’
Detective Senior Sergeant Craig Rawlinson said the daycare centre did not commit a criminal offence by not sharing the information it had with authorities.
‘‘However, I think there is a
lesson for all New Zealanders in this incredibly tragic situation – if you have any information which suggests a child may be being hurt by a parent or a caregiver, it is vital you share that information with the relevant authorities immediately,’’ Rawlinson said. Abbey’s Place owner Craig Williams did not return calls for comment.
Mandatory reporting
Calls have been growing for the reporting of child abuse to be mandatory for those who work with children. Alexander said it could be made compulsory for childcare centres immediately within the ministry’s licensing regulations.
Child protection courses should also be mandatory. It was important this extended to service providers too, she said. ‘‘The owner should . . . ensure procedures are clear, that staff have had training, and know what the policies are.’’
Malachi was in the care of Michaela Barriball from June 22, last year, until he was airlifted to hospital with blunt force trauma injuries caused by her on November 1. He died on November 12.
It is not known how long Malachi attended Abbey’s Place. But his emotional, physical and psychological abuse at Barriball’s hands began immediately, ranging from holding him by the hair and throwing him at walls, to belittling, frightening, burning and starving him. When he died, he was visibly skinny and weighed 15kg, the same as when he was 3. A family member previously told Stuff she warned the daycare in late June of her concerns Malachi was being abused. Staff told her they would make a note of it, she said.
Two days after the injuries were seen by the daycare staff on September 27, Barriball stopped bringing him in, court documents state.