Distressing scenes at kindy drop-off led to mum being banned – and now a discrimination claim against the Education Department
A mum alleges kindy teachers grabbed and physically restrained her distressed daughter every day for weeks to handle the child’s separation anxiety. Now she’s taking legal action.
A NSW mother is taking legal action against the Education Department for disability discrimination after she claims her five-year-old daughter with separation anxiety was physically restrained during kindergarten drop-off.
The mother claims that repeated attempts to restrain the child culminated in a standoff in a classroom, with the mother so distressed she could not leave the school grounds when ordered off the premises.
The police were called and the mother was banned from the school for several months.
Mediation has failed and the case will now return to the NSW Civil and Administrative Tribunal (NCAT).
“When my daughter started school, her separation anxiety caused her to cling to me when it
was time to say goodbye,” the mother said of her claims made to NCAT.
“The teachers dealt with this by grabbing her away from me – a practice that not only caused her deep distress but traumatisation for me as it was repeated day after day for weeks.
“It is shocking that the department does not have safe and effective procedures for responding to such a common mental health issue.”
The mother said when she complained she was removed from the school.
“Now, each time I press the intercom at the school gates – waiting to be ‘allowed in’ – I am dragged back to my ban from school premises.”
The mother is claiming the acute separation anxiety felt by her daughter falls within the definition of disability in the Anti-Discrimination Act and the school discriminated against her and her child by their actions.
Natalie Thompson, an academic specialising in inclusive education, speaking generally, said “the forced separation of a child from their parent, especially a child with known separation anxiety, constitutes a form of restraint”.
“This practice is not supported by any research and is not simply a neutral form of behaviour management but a deeply consequential one that must be scrutinised through the lens of human rights,” she said.
The 2023 Disability Royal Commission said such incidents “can have significant and lasting impacts on both children’s wellbeing and their education”.
The mother is seeking compensation and a ruling from the department that restrictive practices are unlawful. She wants the department to implement strategies to deal with mental health crises including separation anxiety in a best practice way.
She said her goal was to “ensure no other family has to endure this, and to ask whether our system is truly acting in the best interest of its most vulnerable children”.
The mother’s lawyer, Peter Vogel, said the case “tests whether the NSW Department of Education provides a service to parents under anti-discrimination law, and its use of restrictive practices on a five-year-old student has escalated”.
“The department has indicated it intends to brief a barrister and call at least 10 witnesses for an eight-day hearing, likely in March/April 2026,” Mr Vogel said.
“While the department has a right to defend the case, the scale of its proposed response to a matter involving the welfare of a young child raises significant questions about proportionality and the resources deployed when such practices are challenged.
“A case like this could cost $50,000 to $100,000 and the Department of Education will not be required to reimburse her even if she wins. This is why issues like this go on for decades unchallenged.”
A NSW Education Department spokesperson said: “Schools across our education system work hard to ensure all students, including those with a disability, can access and participate in high quality education.
“Our team of specialist teachers and school staff work closely with parents and carers to ensure students receive the support they need to develop academically and socially.
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Originally published as Distressing scenes at kindy drop-off led to mum being banned – and now a discrimination claim against the Education Department
