Council sued over alleged historical daycare child abuse

Seven individuals are taking Eurobodalla Shire Council to the Supreme Court, alleging the council failed to protect them from child sexual abuse at a daycare service in the 1990s.

David Neil Tuck was licensed as a carer and operator by the council from July 1994 to November 1999. Laura-Jane Phoenix-Singh, one of the claimants, alleges that from the age of seven, she was groomed and repeatedly sexually assaulted by Mr Tuck while attending the service.

"There were policies and protocols and legislation that needed to be followed," Ms Phoenix-Singh said. "The question that can be asked is were they followed?"

Mr Tuck took his own life in 2001 while on bail for child sexual assault charges. A council spokesperson said Mr Tuck was registered with the council 30 years ago, while also running a private childcare business.

"We acknowledge that this has been a distressing situation for everyone impacted by the conduct and actions of Mr Tuck and we empathise with those individuals and their families," the statement said.

Allegations of abuse and neglect

Mr Tuck operated three home-based daycare services on the Far South Coast in the 1990s: Karoola Cottage and Bluemoor Childrens Services in Surfside and High Street in Batemans Bay.

Hailey, who asked that her surname not be used, began attending Mr Tuck's care service as a five-year-old. She went before and after school, overnight and on weekends.

"That persona that he put forward as being happy to help out and watch people's children … these are the children he was abusing," she said.

Hailey alleges that between 1996 and 1999 she was groomed and repeatedly sexually abused by Mr Tuck.

The statement of claim filed in the Supreme Court alleges the council received multiple reports about Mr Tuck's daycare operations, ranging from exceeding the maximum number of children allowed to be in his care to a member of the public making a complaint to the police about Mr Tuck "having a bus full of kids in the bush".

"He was repeatedly breaking rules and not following the requirements of the day care scheme," Hailey said. "Had [the council] acted on that, he should have been shut down almost immediately."

It has also been alleged that two notifications were made to the NSW Department of Community Services about "sexually inappropriate conduct" and Mr Tuck "lying in bed and cuddling a child in his care".

"The first warning issued to him was within three months of opening, but in the end he was deregistered for fraud," Hailey said.

In 1999 Mr Tuck was accused and convicted of forging parents' signatures on time-sheets, which led to his deregistration.

Accountability and duty of care

Ms Phoenix-Singh said she believed up to 45 children may have been abused by Mr Tuck.

"He was absolutely calculated, it was well thought out," she said. "We must put blame where it belongs and that is absolutely always on the perpetrator."

"But when we're thinking about institutional child sexual abuse, institutions and the structures and systems that are responsible for them need to be accountable."

The statement of claim alleges that Eurobodalla Shire Council had "ultimate operational control" and "supervisory responsibility" for Mr Tuck's actions while he was licensed to operate the services.

It is argued that the council breached its duty of care by failing to adequately investigate or respond to complaints about Mr Tuck, and could have deregistered him or limited his services.

A council spokesperson declined to comment on the ongoing cases but said in a statement that it now provided a "completely different and modern service".

"We operate under rigorous standards and requirements, and we are regularly audited and undertake accreditation processes, where child safety is at the centre of service delivery," the spokesperson said.

In a directions hearing on Monday all seven matters were adjourned until February 2027.