NSW Ombudsman Finds Over One-Third of Prenatal Reports Not Investigated Due to Staff Shortages

More than a third of all reports raising concerns about the future welfare of unborn children were closed without investigation due to a shortage of allocated caseworkers, according to findings released by the New South Wales ombudsman. The investigation also revealed that families were unlawfully required to participate in prenatal case work.

In its review of the Department of Communities and Justice’s handling of prenatal reports, the watchdog expressed concern over the number of reports involving high-risk children that were not referred to appropriate support services or assigned dedicated case managers because of insufficient resources.

Under the Care Act, individuals who suspect a child may be at risk of significant harm after birth can submit a prenatal report to the department. However, the ombudsman’s findings indicate systemic failures in how these reports are processed.

“Our investigation found that DCJ closes a significant number of pre-natal reports without allocation and without referrals to support services, citing ‘no capacity to allocate’ as the reason,” wrote NSW Ombudsman Paul Miller in the report. He emphasized that this practice undermines the very purpose of the prenatal reporting mechanism.

Data from the report showed that out of 5,007 prenatal reports, 37%—or 1,844—were closed without being assigned to a caseworker. Nearly half of those flagged as presenting a risk of significant harm (ROSH) were similarly not allocated, while only 50% were referred for ongoing case management.

The investigation uncovered additional issues, including the incorrect assumption by child protection services that their legal authority extended equally to unborn children and those already born.

According to Miller, any meaningful case management must be conducted with the informed consent of the pregnant woman or family involved. Without other children present in the household, engagement with DCJ during pregnancy is legally voluntary.

“DCJ has no statutory power to compel parents to engage with it, including attending interviews, permitting home visits, responding to questions, undergoing drug testing, or accepting service referrals,” the report stated. It further clarified that the law does not permit non-consensual casework or preemptive statutory interventions during pregnancy.

While acknowledging the complexity of balancing clear communication with families about voluntary participation and the potential consequences of non-engagement post-birth, Miller stressed that current practices often blur the boundaries of legal authority.

He noted that the routine use of risk assessment tools during pregnancy—some previously scrutinized for racial bias—has led to premature determinations of risk before a child is even born.

Dr. Jacynta Krakouer, a Noongar woman and Aboriginal strategy lead at Adelaide University’s Australian Centre for Child Protection, highlighted the disproportionate impact on First Nations communities. Her comments referenced AIHW data showing that in 2023–24, 42% of substantiated prenatal reports in NSW involved unborn Aboriginal children.

Krakouer acknowledged pregnancy as a critical window for providing support but warned against assuming an unborn child is inherently at risk. “There is a big difference between identifying concerns during pregnancy and making a formal finding that an unborn baby is already at risk,” she said.

“At this point, parents haven’t yet had the chance to show how they’ll care for their baby. We must be cautious about predicting failure before parenthood begins.”

She criticized the structured decision-making tools used in assessments of Aboriginal and Torres Strait Islander families, calling them neither objectively fair nor accurate. “When prior child protection involvement is treated as proof of future risk, it perpetuates cycles of surveillance across generations,” Krakouer explained.

In response to the ombudsman’s findings, the Department of Communities and Justice reported implementing several reforms, including updating policies to emphasize that engagement aims to support families in reducing future child protection involvement. The department is also working with Aboriginal community-controlled organizations to overhaul its prenatal alert system.

Source link