NSW Ombudsman Slams 'Business as Usual' Approach to Child Protection Failures
The NSW Ombudsman has issued a scathing critique of the state's child protection services, accusing them of adopting a 'business as usual' approach that leaves vulnerable children to fend for themselves. Ombudsman Paul Miller has denounced the Department of Communities and Justice's longstanding practice of closing risk of significant harm reports due to a lack of resources to investigate.
Alarming Statistics Reveal Systemic Neglect
Recent data paints a disturbing picture of systemic failure. As of June 30, 2025, only 13.6 percent of children identified as being at risk of significant harm were actually seen by a caseworker. The situation shows no signs of improvement, with 65 percent of ROSH reports screened in by DCJ's Helpline being closed without investigation in 2024-25 due to 'no capacity to allocate'.
In the Hunter region alone during 2022-23, there were 8,737 children whose risk reports were closed without proper assessment. Even more concerning is that 87 percent of these children had multiple reports filed about their safety, indicating persistent concerns that went unaddressed.
Contrary to Statutory Responsibilities
The Ombudsman's investigation found that DCJ's practices directly contradict its obligations under the Care Act (Children and Young Persons [Care and Protection] Act 1998). 'By closing reports without the necessary investigation and assessment, and despite caseworkers having concerns and, in some cases, serious concerns that the child is at ROSH, DCJ is failing its statutory responsibility,' Mr Miller stated.
Children are considered at risk of significant harm when there are substantial concerns for their safety, welfare or well-being. This includes situations involving:
- Actual, suspected or anticipated physical abuse
- Sexual abuse or exploitation
- Severe neglect
- Exposure to domestic violence
- Risky behaviour that threatens their safety
Problematic Policies and Practices
The investigation uncovered several concerning practices that undermine child protection efforts. One particularly troubling policy directs staff to routinely close ROSH reports if they haven't been allocated to a caseworker within 28 days, regardless of the severity of risk.
The Ombudsman also found that DCJ failed to provide clear policies and guidance to support staff decision-making in accordance with legislation. This lack of support leaves caseworkers navigating complex situations without proper frameworks or resources.
Urgent Recommendations for Reform
In response to these findings, the Ombudsman has made several critical recommendations:
- DCJ must conduct a comprehensive review and reform of its ROSH policies, practices and tools
- The NSW government should consider reviewing and improving relevant provisions of the Care Act
- Both recommendations should be followed by revised training for all relevant staff
For immediate action, the Ombudsman recommends abolishing the 28-day rule for closing reports and requiring staff to document specific reasons for closures, including risk considerations and prioritisation judgments, rather than simply citing resource constraints.
Government Response and Future Directions
NSW Minister for Families and Communities Kate Washington acknowledged the report's findings, stating that many confirm what the government has been saying for two years. 'The child protection system we inherited was broken and spiralling out of control,' Ms Washington said. 'While the government has made progress, we know there is a lot more work to do.'
The government is expected to table a formal response to the Ombudsman's report in parliament by April 2026. Meanwhile, caseworkers continue to operate in a system that the Ombudsman says fails to support their critical work. 'They should be supported by laws, policies and practices that are clear and consistent,' Mr Miller emphasized, highlighting the need for systemic change to protect New South Wales' most vulnerable children.
