BackThe Ombudsman has concluded a lengthy own initiative investigation concerning the actions of Families SA and the Department for Child Protection (collectively, the agency) in responding to concerns about the activities of an alleged sexual perpetrator.
The Ombudsman first became aware of the allegations on receiving a letter, in which allegations against the agency and a range of private individuals were raised, traversing events said to have taken place over the better part of a decade.
It was apparent from the tone of the letter that the issues raised were the source of profound distress. A consistent theme running through the letter was the alleged failure of the agency to take appropriate action to protect a succession of children – especially two girls – from an individual, alleged to be a known sexual perpetrator.
In the course of reviewing the agency’s records, the Ombudsman SA determined that the agency received notifications alleging that the person in question had sexually abused three other girls. None of the allegations were substantiated by the agency at the relevant time.
The Ombudsman observed that it was apparent from the agency’s records that, notwithstanding the regular notifications concerning the family, the agency possessed little actual knowledge of the girls living arrangements at the time it first began receiving notifications about the alleged sexual perpetrator.
The Ombudsman further observed that this situation did not improve following the first intake concerning the alleged perpetrator. The Ombudsman noted that subsequent records within the agency’s files evidenced continued confusion as to his relationship with the family and the precise living arrangements of the two girls.
The Ombudsman opined that the agency’s lack of knowledge of the girls’ precise circumstances appeared to result from the agency’s tendency to shift responsibility for investigating the allegations to SA Police. While there was nothing improper in the agency referring notifications raising allegations of criminal offending to SA Police, this act alone did not absolve the agency from conducting a thorough assessment into each child’s circumstances.
In his final report, the Ombudsman summarised the errors made by the agency as follows:
- Failure to properly assess and investigate intakes raising serious child protection concerns;
- Failure to consider statutory powers and factors unique to the child protection jurisdiction:
- Failure to adopt a holistic approach to the notifications concerning the alleged sexual perpetrator.
The Ombudsman concluded that the agency’s response to the notifications concerning the alleged sexual perpetrator was unreasonable within the meaning of section 25(1)(b) of the Ombudsman Act 1972.
To read the full media release of the Ombudsman SA, please view the PDF further down below or visit the website of the Ombudsman SA.
Source: Office of the Ombudsman SA, Australia
