Key facts
- Over a third of prenatal reports to NSW child protection services were closed without investigation due to a lack of allocated caseworkers.
An ombudsman's report found that over a third of prenatal reports to NSW child protection services were closed without investigation due to caseworker shortages. The report also highlighted that families were unlawfully compelled to participate in prenatal casework.
The findings reveal systemic failures in child protection for unborn children in NSW, potentially leaving vulnerable infants at risk and violating the rights of expectant parents. The report highlights issues of resource allocation, legal authority, and potential bias within the child protection system.
More than a third of prenatal reports to New South Wales child protection services were closed without investigation due to a shortage of caseworkers, according to findings released by the NSW ombudsman. The watchdog also found that families were unlawfully compelled to participate in prenatal casework.
The investigation into the Department of Communities and Justice’s (DCJ) response to prenatal reports revealed that a significant number of high-risk cases were not referred for further support or dedicated case management because of a lack of resources. The ombudsman, Paul Miller, stated that DCJ closes a substantial number of pre-natal reports without allocation and without referrals to support services, citing 'no capacity to allocate'.
Data from the ombudsman's report indicated that out of 5,007 prenatal reports, 37%, or 1,844, were closed without being assigned to a caseworker. Alarmingly, almost half of prenatal reports concerning unborn children screened as being at risk of significant harm (ROSH) were closed for the same reason, with only 50% being referred for case management.
The investigation further uncovered that child protection services wrongly assumed their legislative powers extended to unborn children in the same way they do to children already born. Active case management requires the consent and knowledge of the pregnant woman or family, which was not routinely obtained. Miller emphasized that any engagement by prospective parents with DCJ following a pre-natal report is, in the absence of other children in the household, entirely voluntary, and the department has no statutory power to compel parents to engage.
Dr. Jacynta Krakouer, an Aboriginal strategy and engagement lead at Adelaide University, highlighted the overrepresentation of First Nations children in child protection systems and prenatal risk alerts. She noted that in 2023-24, 42% of substantiated unborn reports in NSW were for Aboriginal babies. Krakouer cautioned against assuming a baby is at risk before birth, emphasizing the importance of allowing parents the opportunity to demonstrate their parenting capabilities and questioning the fairness and accuracy of assessment tools used for Aboriginal and Torres Strait Islander families.
The department has reportedly made changes during the investigation, including clarifying that engagement aims to support families and reduce their contact with the child protection system, and ensuring they are fully informed about consent. The DCJ also stated it was reviewing its prenatal birth alert system with the Aboriginal community-controlled child safety sector.