Parents heartbroken by exclusion of son from kindergarten after epilepsy diagnosis
Alfie loved going to daycare.
It gave the now-four-year-old, who is neurodiverse, crucial consistency and a regular opportunity to see his adoring friends and teachers.
He was thriving.
But everything changed earlier this year when Alfie was diagnosed with focal epilepsy and subsequently removed from an early learning centre in Melbourne's north where he'd been going for years, run by national chain Guardian Childcare and Education.
"It was really abrupt," his mum Cassandra said.
"I actually didn't believe it. I had a really big cry."
The ABC has chosen not to use the family's surnames or show the children's faces.
Alfie's epilepsy gives him daily seizures, which can last minutes, and during which he usually stares blankly. He can feel them coming on and alert those around him.
The condition is managed through medication and the seizures require someone to sit with him until they pass.
Cassandra said Guardian initially appeared to have no problem keeping Alfie on, and told her staff needed training on how to look after Alfie and administer his medication.
Cassandra and Alfie's father, David, then engaged Epilepsy Australia to provide the training at a cost of $50 per staff member and offered to keep him home for a few weeks while it was conducted.
"That went on for eight weeks and we kept checking in," Cassandra said.
"We then got an email [asking for] a quick chat. We called them ... and then they said out of the blue they can no longer provide care for him."
Cassandra said being removed from Guardian has seen Alfie regress, particularly in social situations, which is "where he needs the most support".
Explaining to Alfie why he can't go back to Guardian has been difficult.
"We said, 'they're just learning how to look after you and your seizures'," Cassandra said.
"And so, he still asks me, 'do they know how to look after me yet? Do they know how to get me the medicine'?
"It's heartbreaking, because how do I say to him they don't want to learn ... because it's too hard for them?"
'Textbook' discrimination
Guardian has more than 170 early learning locations across Australia and looks after more than 10,000 children each day, according to its website.
In the letter to Alfie's family informing them of his removal, seen by the ABC, Guardian said it had strict legal obligations to ensure the safety of all children it cared for, and that it couldn't guarantee Alfie would have "constant monitoring".
"We have conducted a detailed risk assessment to ascertain whether we can safely accommodate Alfie's medical requirements, including hiring and training of additional staff members to specifically monitor Alfie, to recognise the seizures, and administer the medication," the letter said.
"However, it is our assessment that Guardian cannot safely accommodate these additional requirements and as a result we can no longer provide care for Alfie."
The workforce issues facing the childcare sector are well-publicised. Staff are often stretched to the limit and some centres have had to close due to lack of educators.
While Cassandra said she understood that, she said Alfie's seizures were unremarkable and a Royal Children's Hospital neurologist had called them "boring".
The Disability Discrimination Act legally requires early education services to make reasonable adjustments and ensure children with disability are not victimised because of disability.
Cassandra said Alfie's situation was "textbook" discrimination.
"They should not be able to get away with this," she said.
In a statement, Guardian said it did not discriminate in its enrolment practices.
"We respectfully treat each child as an individual and focus on their individual needs. We have a number of children who are attending our centres that have diverse medical needs, including epilepsy," it said.
Guardian said the call to remove Alfie from care was made "following consultation with the centre team who worked with the family, our internal Safety and Practice Teams, plus external bodies".
"The decision to modify or cease care to a child is taken very seriously and is subject to significant internal review. This decision was subject to the same level of scrutiny given Alfie has been a much-loved part of our centre, and we acknowledge the impact of the decision on him and his family."
The Victorian Department of Education was contacted for comment.
'Setting kids up for failure'
The case reflects an issue advocates say is common across the country.
Children and Young People with Disability Australia (CYDA) surveyed parents in 2022 about their experiences with early childhood education.
One in five reported their child had been refused enrolment, nearly a quarter said their child was only allowed to attend for a limited number of hours, and nearly 30 per cent reported exclusion from excursions or events.
The exclusion and segregation of children in educational settings was a major theme during the disability royal commission, as well as one of the biggest talking points following its final report.
CYDA CEO Skye Kakoschke-Moore said early childhood education was a critical time in life for kids with disability.
"Attending ... means children with disability are part of their community, are making social connections, that their families connected to the community as well," she said.
"Children continuing to be refused enrolment, or only enrolled in very limited hours, is setting them up for failure very early on in life."
CYDA's survey also showed while 46 per cent of respondents "strongly agreed" their child received adequate support when they were included, 40 per cent "strongly disagreed" or "disagreed".
"While initially families are made to feel welcome, when the rubber hits the road, it seems the support being provided is not meeting expectations of the parents or child," Ms Kakoschke-Moore said.
In a public statement prompted by the ABC's story, the Minderoo Foundation's Thrive by Five campaign said Alfie's case highlighted the systemic issues facing children with disability and their families when it came to early childhood education.
"Early childhood education is not treated like the essential service — and the essential right — that it is," director Jay Weatherill said.
"That is causing too many children and families to miss out, whether because they cannot afford it, or there is a shortage of places in their area, or because centres do not have the resources to accommodate children with disability."
Alfie now splits his time between two new early learning centres, both much further away from the family home and his sister's school. Cassandra said neither had reservations about taking her son on.
However, he still misses his old friends and teachers.
"Guardian is so close to his sister's school that he sees it every day, so it's constant torture for him," Cassandra said.
"Alfie said to the new kinder teachers, 'I'm going to have a seizure, can you look after me?'
"And all he wanted was a cuddle because he just doesn't have the confidence in people anymore that they're going to look after him."
Cassandra said she was worried about Alfie's confidence so close to him starting primary school next year.
She'd hoped he'd be able to graduate from Guardian with his friends and head to school together happy.
Cassandra said she hadn't decided to speak out just for Alfie.
"It's about any kid with disability. It's about fighting for what's right."
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