Teacher held toddler down with mattress

An early childhood teacher who confessed to restraining a 2-year-old with a mattress for so long the boy turned red has been allowed to continue teaching - even though two government agencies were officially told of the incident.

Auckland teacher Johann Smith admitted to the Herald on Sunday that he held James Wallbank down with a mattress for at least 20 minutes in what was a futile attempt to make the boy go to sleep.

"I knew damn well it's hurting him, it was hurting me too," he said.

"My hands were hurting and he was red, his legs were red, his arms were red, and I could feel his pain."

James was eventually rescued by another teacher but Te Puno Reo O Nga Maungarongo, a total-immersion, government-funded centre in Mt Roskill, did not initially inform the boy's parents of the incident in March last year - nor did it fire Mr Smith.

Mr Smith admitted his actions to James' parents in May last year - two months after the incident. The family then formally complained to Child Youth and Family and the Ministry of Education.

Both agencies investigated the matter and said they were concerned about it, but could do nothing to remove Mr Smith from his job.

Details of the case emerged after the centre's assistant supervisor Debra Ngamata resigned, claiming a cover-up and took a case to the Employment Relations Authority, alleging constructive, unjustifiable dismissal.

Last week, her claim was rejected.

Child Youth and Family told the Herald on Sunday its responsibility was to the individual - it had checked that James was safe then passed its findings to the ministry.

Its investigation was now closed, said general manager Lorraine Williams.

Jilly Tyler, the ministry's manager for early childhood in the northern region, said it could not stop Mr Smith from working with children because he was not a registered teacher.

The ministry did not record details of the incident for future employers and Mr Smith continued to teach until the end of last year, when he resigned. He is not currently teaching.

"It was bad, we took this very seriously," Mrs Tyler said. "That's why we took two staff out there. We were on to them. Our job is to make sure if things go wrong, that they are going to rectify the situation."

In a final letter in September the ministry told the centre, which is licensed for 30 children, it was satisfied Mr Smith had been given a written warning and counselling, and that new systems and procedures had been put in place.

Mr Smith was ordered to be supervised at all times.

Mrs Tyler admitted he was still seen as a danger to children.

"It's not ideal, definitely - no, it isn't ideal."

The incident followed a string of other claims involving the centre.

When James was 18 months old he was found wandering on a busy road, blocks from the centre.

Teachers did not know he was missing until a passerby brought him back. There were also allegations children were routinely restrained in carseats for long periods of time - something Mr Smith said was a punishment meted out regularly.

"The kids were restrained because the teachers had no control. Those kids are suffering. The place needs to be closed."

The Ministry said it had not been told of children being kept in carseats, but would be concerned if it was common practice.