Darwin childcare centre guilty of supervision breach before child's death

Ebony Thompson died after becoming trapped on a loop-topped fence at the Humpty Doo Community & Child Care Centre in 2023. (ABC News: Hamish Harty)

The Humpty Doo Community & Child Care Centre has pleaded guilty to inadequately supervising children and inadequately protecting children from harm and hazards following the 2023 death of 22-month-old Ebony Thompson.

Casandra Harris, who was the nominated supervisor for Ebony's class that day, but was not rostered to work or present at the time, also pleaded guilty to inadequately protecting children from harm.

Charges against childcare worker Gurmeet Kaur have been dropped while the centre's director, Rachel Marsh, has indicated she will contest similar charges against her and is expected to return to court next month.

The Humpty Doo Community & Child Care Centre (HDCCCC) and its supervisor Casandra Harris have pleaded guilty in the Darwin Local Court to charges laid after the death of a toddler in 2023.

Warning: This article contains content some readers may find distressing.

Northern Territory Coroner Elisabeth Armitage last year found that on the morning of August 31 that year, Ebony Thompson had gone unsupervised at the childcare centre for about 10 minutes, before she was discovered unconscious and trapped by her neck in a low, loop-topped fence in a blind spot in the centre's playground.

In November, HDCCCC and three of its staff, including Ms Harris, were charged with inadequately supervising children and inadequately protecting children from harm and hazards.

Judge Stephen Geary said Ebony's death was "an absolute tragedy" and warned the sentence might seem "totally inadequate". (Supplied)

One of the workers on duty the day of Ebony's death, Gurmeet Kaur, today had her charges withdrawn, and the inadequate supervision charge against Ms Harris was also dropped.

The court heard Ms Harris had been the nominated supervisor for Ebony's class that day, but was not rostered to work or present at the time of her death. Today she pleaded guilty to inadequately protecting children from harm.

At a Darwin Local Court hearing in May, the childcare centre's director, Rachel Marsh, indicated she would contest similar charges against her. She is expected to return to court next month.

Nadia Brooker fronted court today, where she entered guilty pleas on behalf of the childcare centre. (ABC News: Grace Atta)

Today, HDCCCC community management committee vice president Nadia Brooker pleaded guilty on behalf of the centre to both charges.

The court heard it was the first time such charges had been prosecuted in the Northern Territory.

Lawyers for HDCCCC and Ms Harris argued fines in line with similar, non-fatal incidents in Queensland would be appropriate.

But Judge Stephen Geary said those fines — of up to $15,000 — were imposed in "a different context".

Casandra Harris (back) pleaded guilty to inadequately protecting children from harm and hazards after another charge was dropped. (ABC News: Grace Atta)

Around a dozen members of Ebony's family, including her parents Floyd and Jade Thompson, were present in the public gallery, dressed in her favourite colour, purple.

The court heard HDCCCC had been deemed to be "meeting" all of its seven national quality and safety standards at the time of Ebony's death and had undergone inspections by the regulator twice in the preceding twelve months.

But prosecutor Nicholas Goodfellow said there had been four instances of non-supervision at HDCCCC found to be in breach of the regulator's code in the years between 2019 and 2023.

Nicholas Goodfellow said there was no written policy in place at the centre requiring a walk-through of its yard at the time. (ABC News: Grace Atta)

Mr Goodfellow told the court HDCCCC had failed to notify the regulator of changes to the playground that created the "blind spot" behind the shed where Ebony was found unconscious.

"Ebony was not accounted for from 11:32am till she was found at 11:41am," he said.

"From around 11:28am to 11:37am, when children were transitioning from the outdoor play area, no educator was in a position to see if children were in the blind spot behind the island shed.

"No walk-through or checks of the yard were conducted when transitioning children from the outdoor play area.

The Humpty Doo childcare centre staff will return to court later this year. (ABC News: Michael Donnelly)

"No written policy required a walk-through of the yard, or a checking of the blind-spot behind the island shed."

Defence lawyer Adam Mason told the court HDCCCC now updated and reviewed its site plans every six months, with more regular headcounts and room-to-room hazard inspections.

But he said families had withdrawn from the centre in the wake of Ebony's death and the Department of Home Affairs had revoked an application by HDCCCC to sponsor the visas of its international workers.

"Possibly they'll never recover, in terms of their reputation," he said.

Adam Mason argued for convictions not to be recorded against the centre or Casandra Harris. (ABC News: Grace Atta)

Mr Mason argued that no conviction should be recorded against either the centre or Ms Harris.

The maximum penalty for each offence under the Education and Care Services National Law is $34,200 for an individual and $172,200 for a childcare centre.

"The sentence that I will impose is a fine," Judge Geary said.

"I can understand that it may come across as, to many people, totally inadequate."

HDCCCC and Ms Harris are expected to return to court for sentencing next month.