More than a third of prenatal reports to NSW protective services not investigated, ombudsman finds
Summary
A report by the New South Wales ombudsman found that over a third of prenatal reports about unborn children at risk were not investigated because of a lack of staff. The investigation also showed that child protection services wrongly believed they could force families to take part in prenatal checks, but the law says all engagement during pregnancy must be voluntary.Key Facts
- Out of 5,007 prenatal reports in NSW, 37% (1,844 reports) were closed without assigning a caseworker.
- Almost half of reports about unborn children at significant risk were closed due to no staff capacity.
- Only 50% of prenatal reports were referred for case management by the Department of Communities and Justice (DCJ).
- The law requires that families must voluntarily agree to prenatal casework; DCJ cannot force interviews, home visits, or drug tests during pregnancy.
- The DCJ incorrectly assumed it had the same legal powers before birth as it does after a child is born.
- The ombudsman highlighted that risk assessment tools used by DCJ may have racial biases and that children of Aboriginal families are overrepresented in child protection reports.
- The law does not allow DCJ to make formal child protection decisions before a child is born.
- Over 40% of substantiated reports about unborn children in NSW in 2023-24 involved Aboriginal babies.
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