Access keys | Skip to primary navigation | Skip to secondary navigation | Skip to content | Skip to footer |
Problems viewing this site
Home > Chapters > 9. Matters of concern > 9.1 Deciding whether information constitutes a matter of concern

9.1 Deciding whether information constitutes a matter of concern

Purpose

This procedure outlines the process for deciding the appropriate response to concerns raised about the quality of care for a child in out-of-home care under the Child Protection Act 1999, section 82(1).

Authority

Introduction

The department has a legislative responsibility to ensure that children in out-of-home care receive a level of care that is consistent with the standards of care outlined in the statement of standards (Child Protection Act 1999, section 122).

When it is indicated that the standards of care have not been met for a child, the department will respond through the matters of concern process to ensure that the safety and well-being of the child. The departmental response to a matter of concern will consist of either:

The process of assessing and responding to matters of concern will be conducted in a manner consistent with departmental procedures and the principles rights and responsibilities outlined in the ' Statement of Commitment between the Department of Child Safety, foster care services and the carers of Queensland '.

Top of page

Key concepts

Top of page

When the matters of concern process applies

These procedures apply to children in the custody or guardianship of the chief executive or subject to a care agreement and placed with an approved carer, a licensed care service or another entity.

These procedures do not apply to:

For these children, standard intake procedures apply.

Procedures

Top of page

Key timeframes

Within two working days of the receipt of the information provided by the notifier, the following decisions must be made:

Top of page

Assistance by the Matters of Concern Review Unit

The Matters of Concern Review Unit (MOCRU), located within the Complaints, Case Review and Investigation Branch (CCRIB), is available to respond to requests for advice or assistance in relation to matters of concern, when issues cannot be resolved at the CSSC level.

Requests to MOCRU can only be made by a CSSC manager or senior practitioner. The range of services offered include:

In addition, at the request of a zonal director, the MOCRU is available to:

A request for MOCRU to undertake a complex review may also be made by the Executive Director, Child Safety Services Division, the Deputy Director-General or the Director-General.

Top of page

Overview of the process

The process for deciding whether information constitutes a matter of concern is outlined in this procedure under the following headings:

1. What constitutes a matter of concern

2. The CSSC responsible for deciding a matter of concern

3. Information gathering

4. Consulting with the team leader, senior practitioner and CSSC manager

5. Critical incident reporting

6. Recording and approval requirements

Top of page

1. What constitutes a matter of concern

When considering whether the information gathered constitutes a matter of concern, the CSO will ensure that the child's welfare and best interests are paramount. Structured decision making tools are not used as part of the response to matters of concern.

When the information gathered indicates a breach of the standards, but no harm or risk of harm

The CSO will record a child placement concern report, in response to a matter of concern, where the information gathered indicates that:

Child placement concern reports may include behaviours, actions or inactions of the approved carer or staff member where the information gathered suggests possible non-compliance with their obligations under the Child Protection Act 1999.

Prior to a departmental decision that a matter of concern will be recorded and responded to through a child placement concern report, the CSO will consider the following matters:

Where the information gathering and consultation process determines there has been a breach of the standards of care, and there is uncertainty about whether the appropriate response is to record a child placement concern report or a matter of concern notification, a child placement concern report will be recorded in the first instance, and the assessment commenced.

Procedures

When the information gathered indicates harm or risk of harm

The CSO will record a notification, in response to a matter of concern, where the information gathered indicates that a child in out-of-home care has experienced harm or risk of harm (by an approved carer or staff member of a licensed care service or another entity), as follows:

To meet the threshold for a notification a matter of concern must meet the legislative definition of harm, that is:

For a detrimental effect or risk of detrimental effect to be of a significant nature it must have, or be likely to have, more than a minor impact upon a child's physical, psychological or emotional well-being. It must be substantial, serious and demonstrable - that is, measurable and observable on the child's body, in the child's functioning or behaviour. A detrimental effect of a significant nature may also be indicated by the detrimental effect being likely to be long-term (more than transitory), or adversely affecting the child's health or well-being to an extent which would be considered by the general public to be unacceptable.

In assessing harm, it is important to focus on the level of detrimental effect, whether physical, psychological or emotional or the risk of detrimental effect experienced by the child, rather than the approved carer/s or staff member/s actions or inactions alone.

Once the decision is made to record a matter of concern notification, the investigation and assessment will be commenced in accordance with the relevant procedure.

Procedures

Top of page

2. The CSSC responsible for deciding a matter of concern

The CSSC with responsibility for the approved carer, licensed care service or another entity is responsible for deciding whether concerns about the standards of care constitute a matter of concern and if so, the appropriate response.

When information is received by CSAHSC over a weekend that may constitute a matter of concern, the CSAHSC has 48 hours to gather as much information as possible in order to make a decision about the appropriate response. Where it is assessed that a matter of concern notification is the appropriate response, the CSAHSC will contact and consult with the relevant CSSC manager. Where it is agreed that a notification will be recorded, one of the following will occur:

Actions required when concerns are received by another CSSC

Where the CSSC that is contacted by the notifier does not hold current responsibility for the approved carer, licensed care service or another entity, the CSO will:

Actions required by the responsible CSSC

Immediately upon advice of the concerns, the CSSC with responsibility for the approved carer, licensed care service or another entity will:

Where the CSSC manager decides that the information is a matter of concern, the CSO will create a MOC Intake Event and complete the Record of Concerns.

Where the CSSC manager decides that the information is not a matter of concern, the CSO will:

Following this, it the responsibility of the CSSC for any child currently placed to respond to the information raised as part of the ongoing casework with the child and the approved carer or staff member, and record the response as a further case note.

Top of page

3. Information gathering

Gathering information from the notifier

The CSO will gather information from the notifier in accordance with the relevant procedure.

In addition, the CSO will guide the discussion with the notifier by using focused questioning, to gather accurate information and determine:

To assist this process the CSO will obtain the following contextual information about the child's approved carer or staff member from the notifier, where known:

Any information received from the notifier, regarding allegations of harm to a child that may have involved the commission of a criminal offence relating to the child, is to be immediately notified to the QPS (using the 'Police Referral Fax'), in accordance with the Child Protection Act 1999, section 14(2).

Procedures

Responding to the notifier

When obtaining information from the notifier, the CSO will implement the process for responding to notifiers, including informing the notifier that their identity is protected (with some legislative exceptions) under the Child Protection Act 1999, section 22(1)(a) and 186.

When government or non-government agencies contact the department with concerns about harm or risk of harm to a child, the CSO will ask the notifier if they require feedback about the departmental response, and if so, respond in accordance with the relevant procedure.

Procedures

Conducting departmental history checks

When a notifier reports concerns relating to the standards of care provided to a child, the CSO will conduct departmental history checks on the child and the approved carer or staff member, in accordance with the applicable procedure.

Gathering information from additional sources

It is not possible to provide a definitive list of actions or inactions by an approved carer or staff member that  specify what constitutes a breach of the standards. The same action or inaction, in the context of a long-term stable placement, may have a very different impact on a child who has had a recent traumatic experience and is new to the placement. This complexity highlights the critical need for consultation and discussion with all those who have relevant information when making a decision about the level of the concern and the most appropriate response.

In addition to gathering information from the notifier, the CSO will (where applicable):

In addition, where the child currently receives a significant level of intervention by a service provider as part of their case plan (for example, intervention by Evolve Interagency Services or an intensive family intervention service), the CSO will contact the person directly responsible for the provision of these services and obtain relevant information to inform decision-making.

A decision about the level of the concerns and the appropriate departmental response must be made within two working days from the receipt of the information provided by the notifier. The information gathering process must occur as a matter of priority in order to meet this timeframe.

Top of page

4. Consulting with the team leader, senior practitioner and CSSC manager

When all of the information has been gathered, the CSO will consult the team leader and senior practitioner to:

The recognised entity must be given the opportunity to participate in the decision-making process if a matter of concern notification response is indicated. This may occur during the consultation with the team leader and senior practitioner, or prior to the CSSC manager making the decision.

The decision about which children to record as subject children is based on information about the impact, or likely future impact, of the concerns on the child, as obtained during the information gathering phase.

Following this consultation, the CSSC manager will be provided with all the relevant information and a recommendation about the appropriate departmental response. Within two working days of the receipt of the information provided by the notifier, the CSSC manager will:

When deciding the above matters, the CSSC manager must ensure that:

Procedures

Top of page

5. Critical incident reporting

Where the CSSC manager decides that the concerns constitute a matter of concern and that the appropriate departmental response is a notification, the CSO will implement the procedure for critical incident reporting. Alleged harm or risk of harm to a child in out-of-home care by an approved carer or staff member constitutes a 'Level 2' critical incident.

Procedures

Top of page

6. Recording and approval requirements

Under the Child Protection Regulation 2000, section 12, the chief executive is required to keep records of details of any report given to the chief executive about:

When a matter is decided as a matter of concern, the CSO will record:

The CSO will ensure that each document includes details of:

For a matter of concern notification, the CSO will record the details of all subject children in out-of-home care in one notification. The exception to this is where one of the children in out-of-home care is the alleged person responsible. Any child in out-of-home care in the placement who is the alleged person responsible, is not to be recorded as a subject child on the same notification. For further information, refer to the 'Harm to a child in out-of-home care by another household member' section of this procedure.

The team leader will electronically 'approve' the child placement concern report (following the completion of the assessment) or the matter of concern notification.

Where it is decided that the information gathered does not indicate a breach of the standards, or harm or risk of harm to the child, and a matter of concern is not warranted, the CSO will:

Top of page

Other practice considerations

Recording additional concerns

When there is an existing child placement concern report, matter of concern notification or investigation and assessment, and further information is received that constitutes a matter of concern, the CSO will record the new concerns as additional notified concerns in ICMS, unless exceptions apply. The exceptions for recording additional concerns are outlined in the relevant procedures.

Procedures

The process for recording and assessing additional concerns is outlined in the relevant procedures.

Procedures

Harm to a child in out-of-home care by another household member

Where there are reported concerns about the care of a child in out-of-home care, by an adult other than the approved carer or staff member, or by another child who is also subject to out-of-home care and residing in the care environment, the CSO will:

Where a child in the out-of-home care placement is the alleged person responsible, it may indicate unassessed needs for the child. The following practice guidelines apply to all harm or abuse types, although the examples provided relate to sexual abuse:

Concerns that relate to other children who are not in out-of-home care

Where there are reported concerns about the care of a child who is not in out-of-home care but who resides in, or regularly frequents, the care environment, the CSO is to refer to the procedures for children in the general community. Where a notification is 'screened in', the 'standard' notification category is selected. These children include:

Procedures

Harm to a child in out-of-home care by a person living outside the care environment

The department does not automatically record a matter of concern notification about harm or risk of harm to a child in out-of-home care when the alleged person responsible for the harm (whether a child or an adult) lives outside the approved carer/s or staff member/s household, or does not work for the licensed care service or another entity.

Prior to deciding the appropriate response, the information gathered from the notifier and 'additional sources', is to be assessed in relation to:

Where the information received does not raise concerns about the standards of care provided to the child by the child's approved carer or staff member, the matter will be responded to in accordance with intake procedures relating to children in the general community, for example:

Where the approved carer/s or staff member/s actions or inactions towards the child potentially contributed to the harm or risk of harm to the child, a matter of concern will also be recorded. For example, where an approved carer or staff member allows an unsupervised family contact visit to occur, despite the child's case plan and placement agreement requiring supervised visits, and the child was harmed by a parent.

Responding to historical concerns - child under 18 years of age

When information received relates to historical events (for example, over 12 months) and the subject child is currently under 18 years of age, irrespective of the amount of time elapsed since the concerns occurred, the matter must still be recorded and assessed in accordance with the processes outlined in this procedure.

When historical concerns relate to a carer who is no longer an approved carer, or to a former staff member of a licensed care service or another entity, the information will still be recorded as a matter of concern and attempts will be made to conduct an assessment. This may take the form of written advice to the former approved carer or staff member about the concerns and a request to participate in the assessment process.

Responding to historical concerns - former child in out-of-home care over 18 years of age

The Child Protection Act 1999, section 8, defines a child as an individual under 18 years. Once a former child in out-of-home care becomes an adult, the department has no legislative authority to:

When information received relates to concerns about a child who was formerly residing in out-of-home care, the child is now an adult and the CSSC manager decides that the information constitutes a matter of concern, the CSO will:

Responding to vexatious or malicious notifiers

In some circumstances the department may become aware that a notifier is providing information about the child's approved carer or a staff member, which appears to be without grounds and/or with the intent of ill will. For an appropriate response to such matters, refer to the procedure on Vexatious and malicious notifers.

When a matter of concern has been recorded and the decision is made not to conduct an assessment (as per the procedure on Vexatious and malicious notifers), refer to either the Assessing a child placement concern report or Investigating and assessing a matter of concern notification procedure. The sections relating to deciding assessment outcomes (in addition to the Vexatious and malicious notifers procedure) provide advice as to the nature of information to be recorded by the CSO in the child placement concern report or matter of concern notification.

Procedures
Resources

Top of page

Last updated
18 September 2009