Katina Apostoleris is suing Sunbury childcare centre Woodlands Education after alleging her daughter Isabella suffered a dislocated elbow in an incident that she claims was initially misrepresented to her.
Apostoleris says she was told the four-year-old “hurt herself” while playing with wooden blocks, but claims CCTV footage later showed a childcare worker allegedly grabbed and pulled the child’s arm while moving her between rooms.
In a writ filed in the County Court last month, Apostoleris alleges the worker “deliberately grabbed” Isabella “by her left arm and pulled her with force,” describing the act as “battery” and claiming it was done “intentionally and without the plaintiff’s consent.”
“The force applied was excessive, unnecessary and disproportionate” in the circumstances, the writ states, adding the act was “performed without lawful justification or excuse.”
Isabella was taken to hospital with a dislocated elbow, also known as nursemaid’s elbow. More than a year later, Apostoleris says her daughter continues to suffer nightmares and bed-wetting linked to the incident.
“I honestly hope no parent or mother needs or has to see anything like I saw ever again. It was actually awful,” she said.
Apostoleris said she felt “devastated” and “betrayed,” claiming the centre provided a version of events that did not match medical findings.
“As her mum, I placed my complete trust in others to care for her, to keep her safe, and to protect her when I couldn’t be there,” she said.
“To find out that she was hurt while in the care of someone I trusted and paid for her care, is devastating.”
She also said the childcare centre should be held liable for the worker’s actions and is seeking damages, interest and costs.
“The childcare operators need to be held to account for this,” she said.
Apostoleris’ solicitor Noor Avda from Shine Lawyers described the allegations as “abhorrent,” including claims the incident was “initially denied and concealed,” saying it “compounding the harm suffered by a vulnerable child and her parents.”
Source: Daily Telegraph.
