Agency caring for 550 children rebuked for failings, refused accreditation

The government agency responsible for delivering statutory child protection in western NSW will not have its accreditation renewed when it expires this week because it cannot meet the minimum standards for out-of-home care, according to a damning review by the regulator.

The Office of the Children’s Guardian told the director of the Department of Communities and Justice’s Western NSW District last month that accreditation to provide care for the 547 children on its books would not be renewed because it “did not demonstrate minimum compliance with accreditation criteria” in five categories.

The regulator will not renew the accreditation to provide care of the Western Division of the Department of Communities and Justice because of a lack of compliance.Credit: Angela Wylie

The regulator identified areas of concern in the division’s application for re-accreditation, including the frequency of visits from caseworkers and minimal evidence of home visits, a failure to consult parents about decision-making and a lack of evidence that parents are provided with information about their child entering care or changing placements.

“The accreditation renewal assessment indicates that Western NSW District has not demonstrated that it meets the requirements in the NSW Child Safe Standards for Permanent Care (the accreditation criteria),” acting children’s guardian Richard Weston wrote to the Western NSW District director Tiffany Black on October 31.

The division, which covers the towns of Dubbo, Orange, Parkes and smaller satellite towns, “does not have capacity to meet the requirements of accreditation renewal” before its accreditation expires on Thursday.

NSW Families and Communities Minister Natasha Maclaren-Jones has initiated an inquiry.Credit: Daniel Munoz

The revelations come after the Herald reported a Children’s Court magistrate’s comments detailing the “appalling neglect” and “unconscionable” treatment of two boys in state care.

After queries from the Herald last week, Families and Communities Minister Natasha Maclaren-Jones ordered a review of the provision of care by the department and two providers Lifestyle Solutions and Life Without Barriers.

Department secretary Michael Tidball also ordered an independent investigation. Now it has emerged that a division of that department cannot achieve compliance to get re-accredited.

While the children’s guardian requested an action plan within six weeks, it can give the division as long as two years to turn around its practices and it will be allowed to continue operating until it achieves accreditation.

In his report, Weston commented on the five areas that failed compliance, including on casework and monitoring of placements and the frequency of contact.

‘Some children and young people assessed have had limited contact with the district, with minimal evidence of home visits being provided.’

Acting children’s guardian Richard Weston in a report

“Most children and young people were receiving some form of contact with their caseworker 6-8 weekly, generally through a home visit or video/phone call,” the report said. “However, some children and young people assessed have had limited contact with the district, with minimal evidence of home visits being provided.”

The frequency and level of casework and monitoring provided by the district “varied significantly” and there were examples of “limited casework”.

It was “difficult to determine the overall circumstances” of some children and the level of casework being offered after child safety or child protection concerns had been raised, “with carers often being left to provide care for the child or young person with limited involvement and support from the district”.

“There was often limited evidence to demonstrate the district’s casework support to children,” it said, adding the district’s co-ordinated response to placement stability “was often unclear”.

Record-keeping was inconsistent and information in files “varied considerably”, and key information and documentation “had not been captured or recorded”.

“This made it difficult to determine the current circumstances for some children ... and the provision of care and casework occurring, including follow-up in relation to identified concerns and/or needs.”

The regulator said the Western Division had not been able to demonstrate appropriate compliance in the child protection and safety category.

“It was generally unclear how the district supports children and young people to understand and recognise behaviour that makes them feel unsafe or uncomfortable, and documentation related to the district’s response and follow up of issues and concerns raised by children and young people ... was inconsistent,” the report said.

The district’s work on maintaining contact with family groups also came in for questioning.

“If parents’ whereabouts were unknown or they were disengaged from their child and/or the district, there was inconsistent evidence to demonstrate casework is being undertaken to try and locate parents and/or re-establish relationships and contact, as appropriate.

“There was inconsistent evidence of consultation with birth parents during case planning processes, or of parents being provided other opportunities to participate in general decision-making in the lives of their child.

“Documentation was not available to consistently demonstrate that parents are provided with placement information when their child has entered care or changed placements or have been provided with regular progress and development information.”

The division’s behavioural support work required improvement in dealing with the needs of children as they were identified.

“There were several examples where behaviour support plans are yet to be developed, and/or are still in the development stage, after a significant period of time.”

‘Children and families will continue to receive the support they need.’

Natasha Maclaren-Jones, families and communities minister

The children’s guardian highlighted how high-level approval was sometimes not sought for the administration of medications but its performance “remains inconsistent” and “requires continued improvement”.

In response to detailed questions, Maclaren-Jones acknowledged the Western Division had been asked “to address feedback relating to some areas of its operations”.

“It is not uncommon for the regulator to provide feedback of this nature to providers and to allow them additional time to implement improvement plans that address this feedback,” she said in a statement.

“I am confident that DCJ’s plan will uphold the minimum standards for all children in DCJ’s care.

“There are no operational impacts to service delivery or requirements to cease services, which means children and families will continue to receive the support they need.”

In a statement, a department spokeswoman said: “In addition to monitoring from the OCG, DCJ will increase its own monitoring processes. This includes increased auditing, integrity checks and sampling to measure improvements and ensure weaknesses are addressed effectively.

“Intensive support will also be provided to district staff, including managers, to ensure that they are equipped to meet improved standards.”

The Morning Edition newsletter is our guide to the day’s most important and interesting stories, analysis and insights. Sign up here.