Amara Jaroudi, Thomas Fanous sentenced for childcare law breaches

A Sydney childcare centre and its manager treated children so abominably, some of it cannot be repeated. Now, they have copped steep fines for offences including confining children in high chairs for hours.

Childcare educator Amara Jaroudi. Picture: Ashleigh Tullis

A Sydney childcare centre and its manager who committed abhorrent offences against children including force feeding and confining them to high chairs have been hit with the maximum fines.

Parents had entrusted Sydney childcare centre director Thomas Fanous and his centre’s manager Amara Jaroudi with their precious children in 2020 and 2021.

At Sutherland Local Court on Friday, Magistrate Hugh Donnelly gave a nightmarish account of small children at the centre being force fed until they vomited, having their mouths covered to prevent screaming, and being restrained in high chairs for hours on end.

Others were yanked by the arm, one wound up in emergency with a head injury after falling from a high chair, and another using the toilet was humiliated by a remark so obscene from Jaroudi it cannot be repeated.

A non-verbal autistic child with a developmental delay was routinely confined to a high chair for five to six hours a day over several months.

“(The child) did not like being in the high chair and would become distressed while in the high chair, and hit and punch himself,” Mr Donnelly said.

“He learned to rock or move the high chair – to stop him, on multiple occasions, Ms Jaroudi tied a rope or string from the high chair to the fence that separated two rooms, and she would also splash him with water from her water bottle while he was confined.”

Childcare centre owner (right) Thomas Fanous.

A second child was also confined to a high chair for several hours a day for months on end.

That child’s mother also made a complaint to the centre after finding the child with “pinch marks” and adult fingernail marks that had broken the skin.

Three children – including the autistic child – were force fed, with Jaroudi shoving food in their mouths, and holding them closed or squirting water into their mouths until they swallowed.

Two children vomited as a result, with one having their head forced into a bin.

One child had their arm yanked after dropping Jaroudi’s phone, and another was “slammed” into a bench before Jaroudi covered the child’s mouth to stop them crying.

Additionally, a teenage educator was left unsupervised with children contrary to requirements.

Jaroudi pleaded guilty to seven counts of subjecting a child to unreasonable discipline.

Childcare educator Amara Jaroudi. Picture: Ashleigh Tullis

The childcare centre, of which Fanous is the director, pleaded guilty to eight counts of failing to prevent unreasonable discipline, failing to notify the regulator of a complaint, failing to ensure adequate protections for children, not ensuring an educator was supervised, and failing to operate a service that ensured the safety, health and wellbeing of children.

Mr Donnelly said the instances of children being confined to high chairs, and of force feeding the autistic child, were so egregious they warranted the maximum fines of $50,000.

“It was not only a major breach of trust, but a colossal failure of the childcare centre to discharge its duty of care,” Mr Donnelly said.

“(Fanous) was aware of the (high chair) practice and sometimes encouraged it – (it) warrants the maximum penalty.”

The company was convicted and fined a combined $213,020, with professional costs of $10,000 to the Department of Education.

Childcare centre owner Thomas Fanous (centre).

Mr Donnelly was similarly scathing about Jaroudi’s conduct.

“The objective seriousness (of the conduct towards the autistic child) is extremely high, considering the four-month period, his young age, the severe nature of the discipline and the adverse effects on the child at the time,” Mr Donnelly said.

“The obscene statement yelled as a child was finishing using the toilet – it may have totally humiliated the child, it is totally reprehensible.”

Mr Donnelly gave limited weight to Jaroudi’s submission that anxiety had influenced her conduct, and that a prohibition on her working in childcare or the loss of her new job following media attention constituted additional punishment.

“The Daily Telegraph report may be considered some form of public denunciation,” Mr Donnelly said.

Childcare educator Amara Jaroudi.

The magistrate again found the two high chair offences and the force feeding of the autistic child were so serious they warranted the maximum fines of $10,000.

Jaroudi was convicted and fined a combined $36,850, with $21,914.77 in professional costs to the department.