Administrative delays allowed male childcare educator in Victoria to work with children for nearly a year despite inappropriate conduct allegations
Kunal Patel was first reported to the Commission for Children and Young People while working at Kool Kidz Early Learning Centre in Merrifield in mid-2022.
At the centre, Mr Patel's co-workers reportedly 'observed him singling out particular children and engaging in concerning conduct, including sitting with the child on his lap in 'an inappropriate way'..."
It comes as the Victorian Civil and Administrative Tribunal upheld a decision to revoke Mr Patel's Working with Children Check after he previously filed an appeal against it.
An internal investigation into the matter revealed Mr Patel's "favourite girls" were characterised by distinct features such as blonde hair and blue eyes.
He was fired almost immediately after being slapped with a letter that read: "We determined that your conduct was overly personal or intimate, even though we did not conclude that your misconduct involved your actual sexual arousal or gratification."
However, he was allowed to freely work for nearly a year following the sacking due to the Secretary of the Department of Government Services taking almost seven months to start the process of revoking Mr Patel's working with children clearance, the Herald Sun reported.
He reportedly worked at two more childcare centres including Where We Grow in Craigieburn, where he was handed a final warning for inappropriately disciplining a group of children after finding crayon marks on a wall.
The tribunal further heard that Mr Patel had been discovered taking pictures using the centre's iPad without permission, and that he took photographs of children's faces and sent them to himself.
He then allegedly threatened Where We Grow with the potential to distribute the photos of the children
He was also sacked from the Craigieburn centre.
'If something goes wrong from today onwards, you can't chase me. So if I post those photos, and something goes wrong now, you can't blame me, because I am terminated," Mr Patel allegedly threatened the centre management.
Eight months after he was first sacked from Kool Kidz in Merrifield, a concerned mother at Where We Grow raised suspicions that her daughter may have been sexually abused at the hands of Mr Patel.
The little girl was reportedly exhibiting extreme behaviour changes and allegedly made disclosures to her parents.
Mr Patel has always denied the claims made against him and has never been charged with a criminal offence.
Sky News does not suggest the allegations against Mr Patel are true.
The allegations were investigated by numerous bodies, but VCAT did not make findings validating the claims.
VCAT deputy president Ian Proctor said Mr Patel was 'a qualified but inexperienced early childhood educator (who) either did not know or did not understand the boundaries in which he was to work, and breached those boundaries'.
Mr Proctor further said his "principal concern" was Mr Patel taking pictures of the young children.
'In my view, Mr Patel does pose a future threat to young children if provided with a WWC clearance with the possibility that he could return to some form of child related work.'
'The reasonable person … would not allow their child to have direct contact with Mr Patel while he was engaged in any type of child-related work."
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ABC News
4 hours ago
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Victorian childcare worker retains Working with Children Check despite being blacklisted
A Victorian childcare worker considered such a risk to children that he was blacklisted from the industry has been allowed to keep his Working with Children Check, the ABC can reveal. The educator was sacked for sexual misconduct in 2020 after an internal investigation found he was grooming and kissing toddlers. Despite this, the man, who the ABC cannot name for legal reasons, continued to work in childcare. It is understood he was the subject of a separate, unsubstantiated report to Victoria's Commission for Children and Young People in 2023. He was slapped with a prohibition notice barring him from working in childcare the following year. But the ABC has seen evidence he still holds a Working with Children Check (WWCC), clearing the way for him to continue interacting with children outside childcare. The shocking case highlights a child protection system in crisis — laid bare by last month's disturbing allegations another childcare worker, Joshua Dale Brown, abused eight children at a centre in Melbourne's south-west. An ABC investigation has revealed the system is plagued by a patchwork of regulation, a refusal to share critical information and authorities' failure to act quickly on red flags about potential predators. It has prompted the heads of major childcare providers to publicly call for an overhaul of the system, saying children's safety must be put first and demanding the states and the Commonwealth work more closely together. "We believe it is time for governments to consider prioritising children's rights and their safety over adult workplace rights,'' Guardian Childcare and Education boss Warren Bright told the ABC. "Adult-focused laws and regulations do restrict providers from investigating and implementing effective solutions that would further improve children's safety." Childcare giant Goodstart Early Learning reported to police, the Commission for Children and Young People and the government regulator allegations a male worker at one of its Geelong-region centres had acted inappropriately towards children in August 2020. After police ruled the allegations didn't meet a criminal threshold, Goodstart conducted an internal investigation, as required under Victoria's mandatory reporting system. That investigation substantiated allegations from colleagues that the worker kissed at least two toddlers on their cheeks and brushed his face against their necks. It noted that he would only change the nappies of girls, referred to certain children as "his girls", bought them gifts and asked parents to send photos of their children to his work email account. The investigation report also warned of signs of grooming, finding he had contacted parents to arrange unsanctioned catch-ups and offer babysitting services — an allegation the worker denied, despite the probe obtaining social media records. The worker denied any wrongdoing but was sacked in September 2020. "The investigation assesses [the worker's] overall credibility and honesty as close to zero and that he presents an unacceptable risk to children and should cease employment with Goodstart,'' the report, seen by the ABC, says. "The investigation assesses that [his] conduct can reasonably be construed as grooming in that he has repeatedly and deliberately attempted to construct new social norms with parents by communicating with them outside of Goodstart channels with the intention of gaining physical access to children." The investigator's report urged the commission and the government to consider the "appropriateness" of the worker retaining his Working with Children Check. The ABC understands the commission referred the man's WWCC for review and the worker was issued with an Interim Negative Notice in December 2020. However, Goodstart was never notified of the outcome of the review and the ABC has sighted records that show the worker had an active WWCC this week – suggesting it was never permanently revoked. The Department of Government Services, which now oversees WWCCs, refused to comment on why. Although the educator's full employment history is unclear, it is understood he continued working in childcare after his termination from Goodstart. The ABC understands he was the subject of a separate unsubstantiated allegation to Victoria's mandatory reporting system — the Reportable Conduct Scheme — in 2023 and was issued a prohibition order blacklisting him from working in childcare in 2024. The four-year delay between the first report and the prohibition notice raises major questions about whether authorities missed opportunities to intervene earlier. All authorities involved in the case — the commission, Department of Government Services and the Department of Education, which oversees the childcare regulator, the Quality Assessment and Regulation Division (QARD) — declined to comment on the worker. Chris Goddard, who has been scrutinising child protection and child abuse systems for decades, said the system was failing children while there were no consequences for departments that failed to act. "At one level, [this case is] extraordinary, but at another level, sadly, I'm not surprised," the Adjunct Professor from the University of South Australia said. "The consequences for the child victim, for the child victim of sexual abuse, for example, are potentially catastrophic. "And yet we have no consequences for those in positions of authority that actually aren't doing their jobs." Experts are sounding the alarm on the child protection system, which they say is plagued by significant cracks through which predators can slip. 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Sky News AU
3 days ago
- Sky News AU
Administrative delays allowed male childcare educator in Victoria to work with children for nearly a year despite inappropriate conduct allegations
A male childcare educator, who was sacked from a northern suburbs childcare centre in Victoria due to alleged inappropriate conduct towards young girls, was able to freely work at four centres for nearly a year due to administrative delays in revoking his right to work with children. Kunal Patel was first reported to the Commission for Children and Young People while working at Kool Kidz Early Learning Centre in Merrifield in mid-2022. At the centre, Mr Patel's co-workers reportedly 'observed him singling out particular children and engaging in concerning conduct, including sitting with the child on his lap in 'an inappropriate way'..." It comes as the Victorian Civil and Administrative Tribunal upheld a decision to revoke Mr Patel's Working with Children Check after he previously filed an appeal against it. An internal investigation into the matter revealed Mr Patel's "favourite girls" were characterised by distinct features such as blonde hair and blue eyes. He was fired almost immediately after being slapped with a letter that read: "We determined that your conduct was overly personal or intimate, even though we did not conclude that your misconduct involved your actual sexual arousal or gratification." However, he was allowed to freely work for nearly a year following the sacking due to the Secretary of the Department of Government Services taking almost seven months to start the process of revoking Mr Patel's working with children clearance, the Herald Sun reported. He reportedly worked at two more childcare centres including Where We Grow in Craigieburn, where he was handed a final warning for inappropriately disciplining a group of children after finding crayon marks on a wall. The tribunal further heard that Mr Patel had been discovered taking pictures using the centre's iPad without permission, and that he took photographs of children's faces and sent them to himself. He then allegedly threatened Where We Grow with the potential to distribute the photos of the children He was also sacked from the Craigieburn centre. 'If something goes wrong from today onwards, you can't chase me. So if I post those photos, and something goes wrong now, you can't blame me, because I am terminated," Mr Patel allegedly threatened the centre management. Eight months after he was first sacked from Kool Kidz in Merrifield, a concerned mother at Where We Grow raised suspicions that her daughter may have been sexually abused at the hands of Mr Patel. The little girl was reportedly exhibiting extreme behaviour changes and allegedly made disclosures to her parents. Mr Patel has always denied the claims made against him and has never been charged with a criminal offence. Sky News does not suggest the allegations against Mr Patel are true. The allegations were investigated by numerous bodies, but VCAT did not make findings validating the claims. VCAT deputy president Ian Proctor said Mr Patel was 'a qualified but inexperienced early childhood educator (who) either did not know or did not understand the boundaries in which he was to work, and breached those boundaries'. Mr Proctor further said his "principal concern" was Mr Patel taking pictures of the young children. 'In my view, Mr Patel does pose a future threat to young children if provided with a WWC clearance with the possibility that he could return to some form of child related work.' 'The reasonable person … would not allow their child to have direct contact with Mr Patel while he was engaged in any type of child-related work."
Sydney Morning Herald
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