A childcare centre and three staff have been charged over the tragic death of a toddler after she became trapped in a fence.
Ebony Thompson was almost two-years-old when she attended Humpty Doo Community and Child Care Centre near Darwin in August 2023.
While briefly unsupervised, she decided to visit the chicken coop in a playground ‘blind spot’ when her neck became stuck in the loops of a hip-high gate.
Ebony was found unresponsive, with catastrophic injuries, by staff shortly afterwards. She died in Royal Darwin Hospital two days later.
Northern Territory Coroner Elisabeth Armitage ruled that Ebony’s death was caused by a ‘lapse of supervision’ by the childcare provider when she handed down her findings last month.
Northern Territory Education Minister Jo Hersey revealed on Tuesday that centre director Rachel Lee Marsh and two other nominated supervisors have since been charged over Ebony’s death.
They were each charged with two offences – inadequately supervising children and failing to protect children from harm or hazards.
The centre itself was also charged.
Ebony Thompson died after she became stuck in the loops of a hip-high gate at a childcare centre
Ebony decided to visit the chicken coop in a playground ‘blind spot’ at Humpty Doo Community and Child Care Centre when tragedy stuck
This is the first time in 13 years that an NT childcare centre has been charged.
The minister hopes that the update will send a clear message to providers and staff that child safety must come first.
‘My thoughts are with the family who live with the loss of their daughter Ebony every single day,’ Hersey told Daily Mail.
‘Childcare centres need to be held accountable, and I will not hesitate to take action against providers who do not meet National Quality Standards.
‘Centres who are not meeting National Quality Standards need to fix their act fast.
‘In a couple of weeks, I will be announcing a plan to overhaul QECNT and our plans to pull funding from centres not meeting National Quality Standards.’
Marsh appeared on a Darwin Local Court list last Thursday but wasn’t required to attend the hearing.
Her first mention appearance was officially set for December 17, the NT News reported.
The childcare centre and three staff have since been charged over Ebony’s tragic death
Ebony had used a tricycle to look over a fence to see the chicken coop (pictured)
Hersey recently wrote to federal counterpart Jason Clare campaigning for national reforms around loop fencing in the wake of the coronial findings.
She also indicated that she plans to meet with Ebony’s family in the coming weeks.
‘I really do want to meet with the family and just listen to them, to hear what they have to say before we make any decisions as a government,’ Hersey said.
Childcare providers that fail to take ‘every reasonable precaution’ to protect children from ‘harm and any hazard likely to cause injury’ can be fined up to $57,400.
Individuals also face fines of up to $11,400 if found guilty.
Similar fines apply for failing to adequately supervise children.
It’s understood Ebony had tried to look at the chickens and nesting boxes behind the daycare centre shed by standing on a tricycle and looking over the gate.
‘Ebony’s death was a preventable death and her family is devastated. Her death rightly shocked the broader public,’ Coroner Armitage wrote.
‘I find it likely that the tricycle rolled away or tipped out from underneath Ebony as she craned over the gate to see the chickens and their nesting boxes,’ she said.
‘As she lost her footing, Ebony dropped down on to the gate and became suspended by her neck, entrapped in the loops of the chicken coop gate.’
The coroner heard that Ebony must have been caught by the neck when she was located at 11.41am, after hanging there for four minutes or more.
‘Ebony was loose and limp in her arms,’ the coroner noted.
‘When she was found [blue, floppy, unconscious and pulseless] her injury was catastrophic and unsurvivable. Immediate CPR would not have saved Ebony.
‘Without sufficient blood and oxygen travelling to her brain, she suffered irreversible brain damage and passed away from that brain damage.’
Ebony’s family described the adorable toddler as kind and full of light and love
The blue gate was installed after the tragedy to prevent children accessing the chickencoop gate
A new blue gate was fitted after the tragedy to lower the possibility of children accessing the blind spot or the chicken coop gate.
‘These changes to the physical environment reflect Dr Barker’s recommended approach of eliminating environmental hazards to prevent injury,’ Ms Armitage said.
‘Tragically, this simple fix was too late for Ebony.’
Ebony’s family paid tribute to the toddler at the hearing. Ebony was known to loved ones as Puds or Puddy because she was the ‘cutest little pudding’.
‘Puds was the most amazing little girl you could ever imagine. She was everyone’s greatest qualities. She was kind and full of light and love. She knew when someone was sad and needs support,’ she said.
‘We hold together and navigate the best we can, but the pain, the tears, the hurt, that some days are just so tough without you here.
‘You were the glue that made everything so right.
‘We are forever grateful for the time we had, and we will carry her with us always.’
Ebony’s heartbroken family have suggested 12 broad recommendations to prevent families suffering a similar tragedy.
