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NSW ombudsman finds prenatal reports routinely uninvestigated and families unlawfully coerced

An investigation found the Department of Communities and Justice closed over a third of prenatal welfare reports due to caseworker shortages while exceeding its statutory powers.

The short version

  • A New South Wales ombudsman investigation revealed that 37% of prenatal welfare reports were closed without caseworker allocation due to lack of capacity.
  • The watchdog found the Department of Communities and Justice acted outside the law by compelling families into prenatal casework without required consent.
  • First Nations children remain disproportionately affected, representing 42% of substantiated unborn reports in NSW during 2023-24.
  • The department is reviewing its prenatal birth alert system alongside Aboriginal community-controlled child safety organizations.

Key facts

  • Out of 5,007 prenatal reports reviewed, 1,844 (37%) were closed without being assigned to a caseworker due to a lack of capacity.[The Guardian]
  • Nearly half of prenatal reports categorized as involving a risk of significant harm were closed without caseworker allocation.[The Guardian]
  • NSW Ombudsman Paul Miller determined that the Department of Communities and Justice lacks statutory authority to conduct non-consensual casework, home visits, or drug screenings before a child is born.[The Guardian]
  • Australian Institute of Health and Welfare data indicates that 42% of the 648 substantiated unborn child reports in NSW in 2023-24 involved Aboriginal infants.[The Guardian]
  • The Department of Communities and Justice informed the ombudsman that it updated its consent communication procedures and is reviewing its prenatal birth alert system.[The Guardian]

What remains uncertain

  • The long-term impact of the department's revised consent processes and the timeline for completing the review of the prenatal birth alert system remain unspecified.[The Guardian]

Sources