When childcare centre fails a child: Don’t delay reporting suspected abuse, lawyers warn

SHAH ALAM - As more complaints involving childcare centres come to light, child protection lawyers are warning parents that cases of abuse or neglect at these centres should never be treated as internal matters.

Under the Malaysian law, such incidents may amount to criminal offences and any delay in reporting them could put children in even greater danger.

Lawyer Shanker Sundaram said Malaysia’s legal system was guided by one fundamental principle: the best interests of the child must always come first.

"It must always be emphasised that the legal position on child protection in Malaysia is firmly grounded in the paramount principle of the best interests of the child," he told Sinar Daily.

He said the law clearly recognised children as a protected class and imposes strict criminal and civil liability on anyone who abuses, neglects or endangers them.

This protection, he said, was principally embodied in the Child Act 2001 and in most circumstances, acts of abuse also constitute offences under the Penal Code.

Shanker said children with disabilities, including those diagnosed with autism spectrum disorder were afforded even stronger safeguards under the Persons with Disabilities Act 2008, which obliges caregivers, institutions and service providers to ensure a child’s safety, dignity and welfare.

"Any act of harm, mistreatment, or neglect towards a child is therefore not merely a disciplinary or institutional matter, but one which often constitutes a serious criminal offence under Malaysian law," he said.

"Wait and see" can expose children to more harm

Shanker said one of the biggest mistakes parents make was delaying action after suspecting abuse at the childcare centre or school.

"Where a parent or guardian suspects that a child is being abused at the childcare centre or educational institution, immediate and decisive action is imperative," he said.

He stressed that the child’s safety must be secured without delay and the child should be removed from the centre immediately.

In practice, he said many parents hesitated and adopted a "wait and see" approach, hoping that the situation may improve.

Such delay, however, may expose the child to further harm and posed a serious risk to the child’s physical and psychological well-being, he added.

He said if there were injuries or signs of trauma, medical attention must be sought promptly, not only for treatment but also to create proper documentation that could later become crucial evidence.

"Medical examination is essential to ensure proper records are created, which may later serve as crucial evidence in criminal or civil proceedings," he said.

He said parents are also urged to document everything early, including photographs of injuries, dates and times of incidents, statements made by the child, behavioural changes and the names of staff on duty.

"All forms of evidence, such as messages, closed-circuit television (CCTV) footage, photographs, medical reports and voice recordings should be preserved carefully," Shanker said.

To initiate legal action, he said parents should lodge a police report as soon as possible, clearly stating that the case involved suspected child abuse and also report the matter to the Social Welfare Department so that child protection measures can be activated.

He cautioned parents against rushing to publish sensitive material online.

"Parents should exercise caution and avoid publishing sensitive evidence on social media without first obtaining legal advice, as premature disclosure may compromise investigations or future legal proceedings," he said.

He added that consulting a lawyer experienced in criminal and child protection matters can help families navigate the process effectively.

Mandatory reporting under the law

Meanwhile, former Bar Council child rights committee chairperson Kokila Vaani Vadiveloo said parents often underestimate how serious the law is when it comes to suspected abuse.

"Under the law, it is mandatory to report suspected child sexual abuse and strong suspicions of other forms of abuse. Failure to report can itself be an offence," she said.

She urged parents to act immediately once they felt something was wrong.

She said if there was immediate danger, remove the child from the situation and ensure they are safe and if there were visible injuries or health concerns, seek medical attention without delay.

Kokila said parents should keep a detailed personal log of what they observe, including dates, times, disclosures made by the child, injuries, behavioural changes and interactions with staff.

"Preserve any physical evidence such as photos of injuries, messages, uniforms or clothing. These small details often become important later," she said.

She advised parents to lodge a formal police report at any station and to also notify the Social Welfare Department so welfare officers can conduct assessments and protective measures.

Parents can also contact Talian Kasih at 15999 or WhatsApp 019-2615999 for immediate assistance.

She said once a report was made, authorities usually coordinate medical and forensic examinations, especially if abuse was suspected.

“Parents should consent to and facilitate specialised paediatric assessments, as these often become key evidence,” she said.

She explained that investigating officers will interview the child in a trauma-informed setting, while welfare officers prepare reports that may later be used in court or for protective orders.

She also encouraged families not to navigate the process alone.

"Engage a lawyer early, particularly if considering civil claims or if the police investigation stalls. Parents may also consult non-governmental organisations that specialise in child protection for assistance and advocacy," she said.

This came after allegations of abuse and neglect involving a branch of Al Kauthar Eduqids (AKE), a private preschool and childcare centre operator with multiple outlets nationwide.

The centre confirmed it has launched an internal investigation after disturbing claims emerged about the treatment of children at one of its centres.

In a statement, the centre stated it was cooperating fully with the police to ensure a thorough and transparent probe.

"CCTV footage of the incident has been handed over to the police to assist with their enquiries," AKE said.

The controversy gained momentum after social media personality Caprice shared a video on Instagram of a complaint made by a former trainee from a Shah Alam branch.

The trainee alleged that a child with autism was being stripped and locked inside a storage room.

A harrowing 44-second clip of the incident, shared by the trainee, showed a child crying hysterically behind a closed door, believed to be a storage area.

In a separate video, a baby was seen crying uncontrollably while being forced to drink milk.

This footage is believed to have been recorded at another branch linked to the same childcare centre operator in the area.