Mother Seeks Legal Action After Toddler Allegedly Hit at Melbourne Daycare

Three-year-old Kayce's parents were called to collect him just 40 minutes after he arrived at the centre on October 17.
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Exclusive: A distraught mother wants criminal charges laid after an educator slapped her neurodivergent toddler at a childcare centre in Melbourne’s south-east.

On October 17, Kayce’s parents received an unexpected call to pick up their three-year-old son just 40 minutes after he was dropped off at the center.

“We were contacted around 7:40 a.m. and informed about Kayce’s problematic behavior, prompting the request to collect him,” Kayce’s mother, Jaymie Barber, shared with 9News.

Three-year-old Kayce’s parents were called to collect him just 40 minutes after he arrived at the centre on October 17. (Nine)

However, it wasn’t until later in the day that the management reached out again, revealing that Kayce had been slapped across the face after he had struck an educator.

“I was at a loss for words and just broke down,” Jaymie confessed.

“It’s devastating. The staff is supposed to protect and care for our children,” she added.

Witness statements claim the little boy, who has complex behavioural needs, was upset and hitting and kicking staff before the incident.

“I comforted him and said, ‘I will give you your dummy, but you need to say sorry to me’,” the educator in question wrote in her incident statement.

“The child responded angrily and said ‘no’, and suddenly slapped me on the face and my mind went blank in that moment.

“I reacted impulsively and slapped him back.”

Another educator immediately intervened and moved Kayce to another room, according to witness statements.

Jaymie says Kayce’s behaviour has deteriorated since the incident, and believes he is scarred by what happened at his childcare centre. (Nine)

The staff member involved says she deeply regrets her action and has since been dismissed by the centre.

Local police and the education department have been notified, which Jaymie hopes will lead to charges being laid.

“It’s heartbreaking. Like I do understand, he has so many big emotions, but he is the sweetest kid known to mankind,” Jaymie said.

“I know in the moment, you know, sometimes as a parent, you know, you get frustrated, but in a professional setting, you should know a lot better than that. And he’s three.”

Jaymie says Kayce’s behaviour has deteriorated since the incident, and believes he is scarred by what happened at his childcare centre.

“He now does not trust other adults, and he was already having a very hard time being neurodivergent as it is,” Jaymie said.

Kayce has also been suspended from the centre, with the company stating the “physical way in which he expresses his emotions” resulted in “a high number of injuries to both children and staff” that made them unable to ensure a safe environment.

Jaymie claims the centre was notified of Kayce’s complex behavioural needs before he was enrolled and staff assured the family they would work collaboratively to support him.

Kayce has also been suspended from the centre. (Nine)

Kayce’s family is calling for better training so all educators are equipped to manage children with diverse behavioural needs.

“You’ve probably got 10 children in a daycare setting that have all got neurodiverse needs these days, and they’re being overlooked, and then they’re falling through the cracks, and they get to school and it’s 10 times worse,” Jaymie said.

The Education Department said the matter was being investigated by Victoria’s early childhood regulator.

“Our priority is, and always will be, the health and safety of children,” a Department of Education spokesperson said.

“The Regulatory Authority responds to any non-compliance in early childhood services, particularly when the safety, health or wellbeing of children may be at risk.”

A new, independent regulator called VECRA will launch on January 1, 2026, as part of landmark child safety reforms announced earlier this year.

The regulator will increase the number of compliance checks and strengthen the sector, the department said.

Early childhood educators at government-funded kindergartens have access to training on caring for children with additional needs through the Early Childhood Hub, the department said.

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