These mothers wanted justice for their abused children. It bankrupted them

The 15-year fight to bring an accused childcare paedophile to justice has left Sydney parents Jacqui* and Rachel* bankrupt, their children retraumatised and the families distrustful of the judicial system.

The childcare centre hired its own investigator and child protection teams closed the reports, while criminal charges were dropped at the eleventh hour. Later, a successful civil lawsuit was overturned on appeal, leaving the women and their children still fighting for justice.

“It was death by a thousand cuts. There was so much that just beggars belief,” Jacqui said.

Now, with the support of Greens MP Sue Higginson, they’re seeking government recognition for systemic failures, as well as ex gratia payments from the government, which are made in special circumstances.

Jacqui and Rachel’s daughters Julia* and Rose* were allegedly sexually assaulted at Footprints childcare centre in Sydney’s south by volunteer Rodney Raymond Bird, who co-owned the facility with his daughter, who was the director. The centre has since been sold, and the families cannot be identified for legal reasons.

The worst fears of Jacqui and Rachel were confirmed when their children made disclosures of sexual abuse. Both Julia and Rose gave statements to police in what the parents say was a traumatising process.

“It was as if the rug had been pulled from under us as a family,” Jacqui said.

Julia began having violent meltdowns and exhibiting sexualised behaviour. Both children became convinced their parents would die.

Bird was charged with child sex offences and indecently assaulting four children between 2008 and 2010 at Footprints, and made admissions to police in 2010 that he massaged children, kissed them on the lips, patted their bottoms and touched them under their clothes. Bird has since died.

Julia’s allegation resulted in a criminal charge against the then 68-year-old; however, Rose, who was interviewed without her mother Rachel present, did not disclose her experience to police. Rachel was due to give evidence as a witness at the trial. Jacqui said police told her it was an “open and shut” case.

Meanwhile, the Joint Child Protection Response Program, operated by the health and child protection departments, closed its investigation into Julia’s allegation despite the pending criminal charges.

Then, after 18 months of counselling, police interviews and trial preparation, the Director of Public Prosecutions (DPP) dropped all charges in May 2012, a week before the trial.

In an email in August 2012 to Jacqui following her request for an explanation, the DPP noted that