Daycare centre asked Malachi Subecz's killer about suspected abuse

Wednesday, 6 July 2022

The daycare centre attended by Malachi Subecz asked his would-be killer about the extensive injuries the child attended with, a failure of its own child protection policies.

Abbey's Place Childcare Centre 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 licencing 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 ill-treatment is suspected, the carer should not be alerted.

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**

In early May court documents revealed that before the five-year-old was murdered, the daycare, Abbey’s Place Childcare Centre in Brookfield, 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 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 enquiries 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.

People could sometimes be scared to call agencies, especially if there were relationships with parents, which was why training was necessary.

Industry watchdog Office of Early Childhood Education chief advisor 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.

It should have had its licence suspended immediately and reinstated only when it showed proof it had “really key, core” regulations in place like an injury log, she said.

“I’m 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 hasn’t been reported?”

Alexander also questioned why police had not informed the ministry of the unreported abuse at the time it found the photographs, during the investigation. “This is a failure on their behalf.”

In a written statement, Detective Senior Sergeant Craig Rawlinson said the day care centre did not commit a criminal offence by not sharing the information they 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 that a child may be being hurt by a parent or a caregiver, it is vital that you share that information with the relevant authorities immediately, so that we can investigate and prevent another whānau suffering in the way Malachi’s is right now.”

In an email, a spokesperson for Abbey’s Place said: “The death of Malachi is incredibly sad, and we feel for everyone affected by his passing.” The centre would not comment any further.

Mandatory reporting

Calls have been growing for the reporting of child abuse to be made mandatory for those who work with children.

Alexander said it was already best practice to report. But it could be made compulsory for ECEs immediately within the ministry’s own licencing regulations, with a fine for not reporting, she said. Child protection courses should also be made mandatory, like a first aid certificate.

It was important this extended to service providers too, she said. “The owner should have a moral obligation to ensure that procedures are clear, that staff have had training, and know what the policies are. These procedural failures could easily happen at other centres.”

Malachi was in the care of Michaela Barriball from June 22, until he was airlifted to hospital with blunt force trauma injuries caused by her on November 1. He died in Starship Hospital on November 12.

It isn’t known exactly 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. By the time of his death he was visibly skinny and weighed 15kg, the same as he had been when he was three.

A family member previously told Stuff she rang the daycare in late June to warn them of her concerns Malachi was being abused, and asked them to keep a lookout. They told her they would make a note of it, she said.

Two days after the injuries were seen by the daycare on September 27, Barriball stopped bringing him in, court documents state. He was booked to attend the daycare till October 15, but never returned.