The Public Prosecution Service demands a fine of 30,000 euros against a daycare in Huizen. The foundation behind this daycare is, according to the OM, responsible for the death of two-year-old Amin. The child ended up in a nearby ditch during a visit to the daycare on April 3, 2023, and drowned.
According to the OM, the daycare did too little to close off access to the ditch and did not create sufficient policies and measures to keep the children safe. Therefore, the OM is prosecuting the daycare for manslaughter.
Drowning Risk
Research has shown that the risk of drowning was not included in the daycares policy. No specific measures were taken to mitigate this risk. It was found that toddlers could independently open the gates and leave the premises. Additionally, it was known that Amin had a history of wandering off. This had even happened twice before, but no report was made, and no measures were taken.
The daycare did ensure extra hands in the group after staff requested it. However, the substitute who was deployed on April 3 was not aware that the victim had previously wandered off and that this posed a risk. “It was a group with several toddlers who needed extra attention,” the prosecutor explains. “The measures taken by the daycare were not the right ones and were insufficient.”
No Punishment is Sufficient
According to the OM, the daycare is guilty of the victims wandering off and ultimately drowning. “That the ditch was a significant risk is obvious,” states the prosecutor. “It is incomprehensible that no policy has been made regarding this.” This means that the primary duty to ensure the safety of young children was not fulfilled. The OM takes this very seriously and believes it must be punished.
“The Public Prosecution Service realizes that no punishment is satisfying or adequate when it comes to a child that is no longer here,” says the prosecutor. “The grief that this tragic event has brought is indescribable.” The demanded punishment must primarily ensure that this never happens again. It is a signal to the entire daycare sector that the safety of children must always be the highest priority.
Since the defendant in this case is a non-profit foundation, a fine has been demanded, a large part of which is conditional. This is to ensure that justice is done for the seriousness of the situation, but that the money still goes to the care of the children.
Better Legislation
Additionally, the OM hopes that this serious case will lead to tightening of existing laws and regulations. During inspections, only the risks that the daycare itself identified were considered, which caused the drowning risk to be overlooked. “That during the municipalitys permit process and during GGD inspections, the risk of drowning from the adjacent ditch was never mentioned is incomprehensible.”
The Childcare Act states that the daycare must provide a safe and healthy environment, but according to the OM, this is not specific enough. “Current legislation gives daycare centers a lot of leeway, perhaps too much leeway,” says the prosecutor. “It is at least remarkable that it has not been stipulated that an outdoor area must be fenced and secured in such a way that this enclosure cannot be opened by small children.”
The court will rule on July 2.