Nursery worker detained for rape and sexual abuse against boys as young as three

A “calculated” nursery worker has been detained for 10 years for rape and sexual abuse against boys as young as three.

Within days of being able to look after children, Thomas Waller, 18, took advantage of his position to gain the trust of two boys in his care before exploiting them.

The teenager was working at a nursery for the summer months, and his responsibilities included taking children to the toilet and helping them get changed, Guildford Crown Court was told.

Sentencing him, Judge Claire Harden-Frost said it was “heartbreaking” to see the boys’ parents feeling responsible for what happened.

The nursery worker was found guilty of rape, two counts of causing or inciting sexual activity and taking indecent photos after a trial at Staines Youth Court earlier this year.

The offending happened at a nursery in Surrey, which cannot be named for legal reasons, between July and August 2024.

Waller sat in the dock wearing a white polo shirt and black coat, and did not react when he found out his sentence.

The judge sentenced him to 15 years at a young offender institution, of which he must serve 10 in detention and five on licence.

The court heard the teenager had completed a work placement at a different nursery between December 2023 and June 2024 after getting qualifications from a college.

He was put in touch with the nursery where his offending took place and started there in July 2024, prosecutor Rio Pahlavanpour said.

His responsibilities included taking children to the toilet and helping them get changed if they wet themselves, the court heard.

A nursery staff member told police Waller had been alone in the toilets with one of the boys, known as Child D, in August, after lunch.

Officers found his DNA on the child’s underwear, the court heard.

When Waller was arrested his phone was seized, and police found indecent images pictures of another boy, known as Child T, the prosecutor said.

Judge Harden-Frost said Waller used his position at the nursery to sexually abuse the boys “within days of being able to supervise children going to the bathroom”.

“It’s heartbreaking that one of the effects of your actions is that the parents of your victims feel responsible,” she added.

In a victim impact statement, Child D’s father said his son had “gathered a collection of memories that I would never wish on a human being”.

Speaking about his son’s new school he said: “We should be telling them that he doesn’t like carrots, not that he has been raped.”

He described Waller as “cold, sinister and calculated”, adding “Tom cannot be allowed to do this again.”

Child D’s mother said her son “holds our family together”.

“When my son told me what had happened I could not believe what I was hearing,” she said.

“He did not know that what had happened to him was wrong.

“This man took advantage of that beautiful innocence.”

She said Waller had used his “skills” to “build trust with my son and then exploit him”.

Child D described Waller as his “new best friend” at about the time of the offending, she told the court.

Criticising the nursery worker for not pleading guilty, and putting her son through a trial, she said: “This man has subjected my son and my family to additional trauma.”

She said her “beautiful, brave, clever son” questioned his own guilt as a result of giving evidence at court.

The mother of Child T said she had felt “shock then confusion” when her son told her what had happened.

“Our baby boy was saying and doing things that no three-year-old should,” she said.

She described feeling guilty about sending her son to the nursery and said she sometimes cried herself to sleep at night.

“I fear that one day (Child T’s) memories of what happened might return again. It could have an impact for the rest of his life.

“I believe he knew exactly what he was doing,” she said of Waller, adding: “His actions were deliberate and calculated.”

The mother said she feared the pictures taken of her son “could be anywhere”.

In mitigation, Aphra Bruce-Jones said Waller does not accept that he abused the children, but does accept that he has now been found guilty.

His offending was a result of “opportunism rather than deliberate isolation” of his victims, she told the court.

He chose to study childcare development “because of his childhood experiences”, she added.

The nursery where Waller carried out his abuse said it took “immediate action” as soon as concerns were raised about him.

The Surrey-based private business, which cannot be named for legal reasons, said in a statement: “We were, and remain, deeply shocked, saddened and sorry to learn of the actions of a former member of our staff.

“The safety and wellbeing of the children in our care is, and always will be, our highest priority.

“As soon as concerns were raised, we took immediate action, contacting the police without delay, suspending the individual concerned, and fully co-operating with the investigation.

“Since then we have carried out a full review and further strengthened our already robust safeguarding policies and staff training.

“We continue to work closely with the local authority and safeguarding professionals to ensure we uphold the very highest standards of care and protection for every child entrusted to us.”

Jonathan Hulley, Surrey County Council cabinet member for children, families and lifelong learning, said: “I am appalled by the crimes committed by Thomas Waller and extend my deepest sympathies to the children and families affected.

“As the local authority, we were informed by partners when these disclosures were first made about an individual working in a private nursery in Surrey.

“We immediately undertook our duties to support the actions of safeguarding partners, and of Ofsted as the regulatory body for early years settings.

“Our role has included co-ordinating information-sharing and actions between relevant bodies, as well as supporting the setting to implement actions identified for them by Ofsted.

“The wellbeing and safeguarding of children and young people is our absolute priority.”

Rebecca Millardship, from the Crown Prosecution Service, said Waller’s crimes are “one of the worst nightmares imaginable for a parent”.

“They entrusted the care of their young children to Waller, who abused that trust in the most appalling way within weeks of starting his job at the nursery,” she said after sentencing.

“He carefully planned his attacks on these three-year-old boys, deliberately isolating them from anyone else.

“It was our case that he focused on qualifications that would allow him to work at a nursery because he had a sexual interest in young children.

“We hope that today’s sentence brings some closure for the young victims in this case and their parents, who have all been through the most horrific ordeal.

“None of us can begin to imagine the impact that Waller has had on these young children through his appalling crimes.”