More than one-third of prenatal reports made to New South Wales child protection authorities are closed without investigation or allocation to a caseworker, according to findings released by the NSW Ombudsman. The report highlights significant resource constraints within the Department of Communities and Justice (DCJ) that have resulted in many at-risk unborn children not receiving follow-up support or case management.
The investigation focused on how the DCJ responds to "prenatal reports"—notifications made when there is concern that an unborn child may face significant harm after birth, as allowed under the state’s Care Act. Analysis of department data showed that out of 5,007 prenatal reports between 2023 and 2024, 37 percent, or 1,844 cases, were closed without referral or assignment to a dedicated caseworker due to insufficient capacity. Nearly half of the cases identified as high risk were similarly discontinued without ongoing support, while approximately 50 percent were referred for case management.
NSW Ombudsman Paul Miller noted in the report that the department wrongly equated its legal powers over children after birth with those concerning unborn children. He emphasized that any engagement with parents prior to the child’s birth must be voluntary, as there is no statutory authority to compel participation in interviews, home visits, drug testing, or acceptance of services during pregnancy. Miller acknowledged the tension between respecting parental consent and the fact that refusal to engage may later be considered a risk factor after birth.
The report underscored that child protection agencies are legally restricted from making formal determinations of risk or taking protective actions until a child is born. However, findings revealed that caseworkers sometimes routinely made judgments about prenatal risk and conducted non-consensual assessments, including the use of risk evaluation tools previously criticized for potential racial bias.
Experts raised concerns about the disproportionate impact of the prenatal report system on Aboriginal families. Dr Jayanta Krakouer, Aboriginal strategy and engagement lead at the Australian Centre for Child Protection, pointed out that Indigenous children are overrepresented in prenatal risk alerts and the broader child protection system. In 2023-24, 42 percent of substantiated unborn reports in NSW involved Aboriginal babies, despite their lower population share. Krakouer cautioned against prematurely labeling unborn children as at significant risk, emphasizing that pregnant parents have not yet had an opportunity to demonstrate their capacity to care for their child.
She also criticized the structured decision-making tools used to assess Aboriginal and Torres Strait Islander families as potentially biased. Krakouer warned that the system’s reliance on past involvement with child protection can perpetuate a cycle of surveillance and intervention, particularly affecting Indigenous communities.
In response to the ombudsman’s investigation, the DCJ has implemented changes to clarify that prenatal engagement with families aims to provide support and is entirely voluntary. The department also affirmed that families must be fully informed about consent requirements. Additionally, the DCJ stated it is reviewing its prenatal birth alert system in consultation with Aboriginal community-controlled child safety organizations, aiming to better address concerns about fairness and cultural sensitivity.