An incident at a childcare center in Bathurst, central western New South Wales, has raised concerns about staff support and child safety. An 18-year-old childcare worker, Hayley Kelleher, confessed to assaulting a three-year-old boy after feeling overwhelmed when her appeals for help from senior colleagues went unanswered. Her frustration culminated in an unfortunate incident on July 11 at Jenny’s Kindergarten and Early Learning Centre.
In a brief appearance at Bathurst Local Court, Kelleher pleaded guilty to a charge of common assault. The episode unfolded as she attempted to settle a group of children aged between three and five for their midday nap. The young boy in question stubbornly refused to lie on his mattress, according to the agreed statement of facts presented in court.
Details from the court documents reveal that Kelleher had sought assistance from a senior colleague to manage the boy’s behavior but was met with silence. In an effort to manage the situation, she decided to isolate the boy’s mattress from the rest, hoping this would help. However, without the necessary support, Kelleher’s frustration grew, leading to the regrettable incident.
The case highlights the challenges faced by childcare workers when adequate support and guidance from more experienced staff members are lacking, emphasizing the need for better communication and collaboration in such environments to ensure the welfare of both staff and children.
The court document said Kelleher asked a senior colleague for help, but was “ignored” and she decided to move the boy’s mattress away from the other children.
“Despite continued requests for assistance (Kelleher) received no support from other educators and became increasingly frustrated and flustered,” the document said.
Kelleher grabbed the boy’s right arm and lifted him off the ground, before dragging him three metres away to a different mattress.
“(Kelleher) released the victim short of the mattress then picked him up again by his right arm and placed him on to the mattress,” the document said.
The statement of facts was amended to say Kelleher placed the boy on the mattress, rather than an initial allegation made public by police that she “threw” him.
The incident was captured on CCTV.
“The action caused the victim pain and discomfort and resulted in his jumper being torn,” the court document said.
“The action of (Kelleher) was considered excessive of a reasonable amount of force to manage a child.”
The child’s mother complained to the NSW education department and the centre launched an internal investigation.
Kelleher was sacked soon after.
After the department showed the mother the CCTV footage, she reported the incident to police in late August.
During a police interview in mid-September, Kelleher admitted her actions.
“(Kelleher) expressed remorse and stated she did not intend to cause harm to the victim or damage his clothing,” the court document said.
“She admitted to feeling frustrated and flustered due to the lack of assistance managing the child.”
The conduct of childcare companies and workers has been under the spotlight for much of 2025, after a long-running investigation into the sector by ABC’s Four Corners program.
In a statement to the media, the Bathurst centre said it held a strict zero-tolerance policy towards any form of abuse, neglect or inappropriate conduct.
“We have worked closely with the relevant authorities to ensure that all necessary steps were taken, and that the concerns of the family involved were addressed respectfully and thoroughly,” the centre said.
Kelleher will be sentenced on December 10.
