Two Auckland early childhood teachers have been found guilty of serious misconduct and censured after a young child was forgotten and left locked inside a daycare centre van for 80 minutes following an excursion.
The New Zealand Teachers Disciplinary Tribunal found Rochelle Odette Gray and Mee Sung (Michelle) Choi engaged in conduct that endangered a child and brought the teaching profession into disrepute during the incident on 1 December 2022. Both teachers have been ordered to have the decision attached to their practising certificates for one year, ensuring any potential employer is made aware of the finding.
The incident occurred after the teachers returned to Kakapo Creek Children’s Garden in Auckland with nine children from a trip to a local farm-forest. According to the tribunal's report, Ms Choi was responsible for unbuckling two sleeping children from their seats. While she attended to one, she failed to clearly inform her colleague, trip coordinator Ms Gray, that another child, referred to as Child A, remained asleep in the back row.
Ms Gray, who told the tribunal her judgment may have been clouded by a recent injury, then locked the van at 2:39 pm without performing a final visual inspection of all seats. It was not until nearly an hour and a half later, at 3:28 pm, that the situation was discovered. A parent arriving to collect their own child noticed movement in the van and heard Child A screaming inside.
A 'fundamental' and 'basic' failure
<p>In its decision, the tribunal condemned the oversight as a failure to adhere to the most basic health and safety requirements in an early childhood setting. It noted that the vulnerability of the young child, combined with the complete breakdown of established safety protocols, was a key factor in its finding of serious misconduct. Leaving a child unattended in a vehicle, even for a short time, can have tragic consequences. The temperature inside a parked vehicle can rise to dangerous levels very quickly, posing a significant risk of heatstroke and dehydration. In Boston, parents have condemned chronic school bus failures at City Hall, highlighting the serious risks that can arise from systemic failures in child safety protocols. According to Safekids Aotearoa, the temperature inside a car can double on a warm day, creating a life-threatening situation for a child left inside.
The tribunal stated that the teachers' actions profoundly affected the child's wellbeing and undermined the trust parents place in childcare professionals. The core responsibilities of early childhood educators include ensuring the safety and welfare of children at all times, a duty that requires rigorous adherence to procedures like roll calls and vehicle checks. These are not merely administrative tasks but critical safety functions governed by the regulatory framework for early childhood services in New Zealand.
Centre's suppression bid denied in public interest
Both teachers expressed deep remorse for the incident and offered apologies to the child’s parents. Ms Gray suggested that time off work due to an injury just prior to the event may have affected her usual processes. Ms Choi informed the tribunal that the incident had taught her a harsh lesson about the need for constant vigilance.
In an unusual step, the early childhood centre itself, Kakapo Creek Children’s Garden, applied to the tribunal for name suppression. It argued that being publicly identified could negatively impact its community and might discourage other centres from self-reporting incidents in the future. Ms Choi also sought suppression, citing the potential for personal and professional harm.
The tribunal rejected both requests, asserting that the public interest in transparency and professional accountability outweighed the "ordinary anticipated consequences of publication". In its ruling, it emphasised that open reporting on such matters is essential for maintaining standards and public confidence in the teaching profession. The tribunal did, however, note the incident appeared to be a one-off lapse for the individuals and the centre. As with all cases involving minors, permanent non-publication orders protect the identity of the child and their family.
Policy changes implemented after incident
Following the distressing event, Kakapo Creek Children’s Garden conducted a full review of its excursion procedures and has reportedly implemented more stringent policies to prevent a recurrence. These changes typically involve multi-step verification processes, such as having two staff members independently sign off on vehicle checks or using visual aids and checklists to account for every child before a van is locked.
While the child was physically unharmed, the potential for tragedy was significant. The incident serves as a stark reminder to all childcare providers of the immense responsibility they carry and the critical importance of robust safety protocols. As one a parent whose child was recently injured at a different Auckland facility put it, the trust placed in these centres is immense and incidents like these can cause a family an 'incalculable' loss of peace of mind.
The censure will remain on the teachers' records for a year, a measure intended to ensure accountability while allowing for rehabilitation within the profession. The centre will continue to operate under its newly revised safety guidelines.
