1. Decide whether information constitutes a matter of concern
The matters of concern procedures only 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:
- a child who is not in out-of-home care but who resides in, or regularly frequents, the care environment
- a child in the custody of a relative under a short-term child protection order
- a child in the long-term guardianship of a relative or another suitable person
- the biological children or step-children of an approved carer or staff member.
For these children, standard intake procedures apply, as outlined in Chapter 1. Intake.
Structured decision making tools are not used as part of the response to matters of concern.
Decision making timeframe
Within two working days of the receipt of the information provided by the notifier, the following decisions must be made:
- whether the information received indicates a breach of the standards
- if so, the most appropriate response to the matter of concern.
1.1 What constitutes a matter of concern
A matter of concern is recorded when an approved carer or staff member has provided inadequate or poor quality care (for a child in out-of-home care) that fails to meet the standards of care detailed in the Child Protection Act 1999, section 122. This may include behaviours, actions or inactions of the approved carer or staff member. There are two levels for matters of concern, either:
- a child placement concern report
- a matter of concern notification.
When considering whether the information gathered constitutes a matter of concern, ensure that the child’s welfare and best interests are paramount.
Child placement concern report
Record a child placement concern report, in response to a matter of concern, where the information gathered indicates that:
- an approved carer or staff member has provided inadequate or poor quality care (for a child in out-of-home care) that fails to meet the standards of care detailed in the Child Protection Act 1999, section 122
- a child has not suffered harm, is not suffering harm and is not at unacceptable risk of suffering harm, as defined in the Child Protection Act 1999, section 9, due to the actions or inactions of an approved carer or staff member of a licensed care service or another entity.
When making the decision to respond to a matter of concern through a child placement concern report, consider the following matters:
- how the reported actions or inactions of the approved carer or staff member breach the standards of care
- which standards may have been breached
- the impact, or potential impact, on the child
- what is reasonable, having regard to the length of time the child has been in the care of the approved carer or staff member and the child’s age and development (Child Protection Act 1999, section 122(4)).
Matter of concern notification
Record a notification, in response to a matter of concern, where the information gathered indicates that either:
- an approved carer or staff member has provided inadequate or poor quality care (for a child in out-of-home care) that fails to meet the standards of care detailed in the Child Protection Act 1999, section 122
- 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.
To meet the threshold for a matter of concern notification, the concerns must meet the legislative definition of harm, as outlined in the Child Protection Act 1999, section 9. For further information about the definition of harm, refer to the practice resource Matters of concern – key concepts and definitions.
Once the decision is made to record a matter of concern notification, commence the investigation and assessment in accordance with 3. Investigate and assess a matter of concern notification.
Where there is uncertainty
Where it is determined that there has been a breach of the standards of care, but there is uncertainty about whether to record a child placement concern report or a matter of concern notification, record a child placement concern report in the first instance.
Assessing historical concerns
When the information received about a child in out-of-home care is historical, that is more than 12 months old, or about a child who is now over the age of 18 or in relation to a carer or staff member that is no longer approved or employed, refer to 5. What if the concerns received are historical?
1.2 The CSSC responsible for a matter of concern
Decide if information constitutes 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.
Actions required when concerns are received by the CSAHSC
When information is received by CSAHSC over a weekend or holiday period that may constitute a matter of concern, the CSAHSC will undertake the relevant steps to determine whether the information constitutes a matter of concern. CSAHSC responsibility for a matter ends on the following business day, once the CSSC is open for business.
Where it is determined that the information constitutes a matter of concern, but no action by the CSAHSC is required, the CSAHSC will:
- record the information in ICMS in a ‘placement’ case note in the ‘placement’ event, and include the notifier’s contact details and whether they request feedback (if from a government or non-government agency)
- fax the information to the CSSC responsible for the approved carer, licensed care service or another entity, and call them on the next business day to ensure they have received the fax, are aware of the matter and are able to locate the ‘placement’ case note in ICMS.
The CSSC with responsibility for the carer or service is then responsible for responding to the matter of concern in accordance with normal matter of concern procedures.
Where it is determined that the information constitutes a matter of concern notification and action by the CSAHSC is required, the CSAHSC will:
- seek approval for the decision to record a matter of concern notification from the relevant CSSC manager
- take action to ensure the safety of the children and commence the investigation and assessment within the 24 hour response timeframe, where necessary
- record the concerns and all actions taken in either the ‘MOC notification’ event or a ‘MOC - I&A’ event in ICMS
- fax the information to the CSSC responsible for the approved carer, licensed care service or another entity, and call them on the next business day to ensure they have received the fax, are aware of the matter and are able to locate the relevant information in ICMS.
The CSSC is then responsible for completing the investigation and assessment of the matter in accordance with normal matter of concern procedures.
Actions required when concerns are received by another CSSC
Where it is determined that concerns received by a CSSC that does not hold current responsibility for the approved carer, licensed care service or another entity constitutes a matter of concern, the CSSC that is contacted by the notifier will:
- record the information obtained from the notifier as a ‘placement’ case note in the ‘placement’ event in ICMS, including the notifier’s contact details and whether they request feedback (if from a government or non-government agency)
- contact the CSSC responsible for the approved carer, licensed care service or another entity, and ensure the intake officer is advised of the concerns
- advise the CSO at the applicable CSSC, where to locate the ‘placement’ case note in the ‘placement’ event in ICMS.
The CSSC is then responsible for responding to the matter of concern in accordance with normal matter of concern procedures.
Decide which CSSC will respond to the matter of concern
The CSSC with responsibility for the approved carer, licensed care service or another entity is responsible for assessing the child placement concern report or investigating and assessing the matter of concern notification and deciding the outcome.
Where an approved carer has moved to the geographical area of another CSSC but the former CSSC has not officially transferred responsibility for the approved carer to the new CSSC, the former CSSC is responsible for completing the assessment or investigation and assessment, either directly, or through negotiation with the nearest CSSC.
In circumstances where multiple CSSCs are serviced by a licensed care service or another entity, the CSSC responsible for the assessment will be determined by local protocols within and across zones, by agreement by each CSSC.
In circumstances where there is another CSSC responsible for any child currently placed with the approved carer or staff member subject to a matter of concern, the responsible CSSC must:
- inform the other CSSC of the decision to record a child placement concern report or matter of concern notification
- coordinate the response to the child placement concern report or matter of concern notification
- negotiate for specific tasks to be undertaken by the other CSSC, where identified as necessary or preferable based on valid case specific considerations (for example, to overcome significant geographical distances), to enable the responsible CSSC to finalise the assessment or the investigation and assessment.
1.3 Gather information
A decision about the level of the concerns and the appropriate Child Safety Services' response must be made within two working days from the receipt of the information and the information gathering process must occur as a matter of priority in order to meet this timeframe.
Gather information from the notifier
Gather information from the notifier in accordance with Chapter 1, 1.1 Gather information from the notifier. In addition:
- gather specific information in order to determine:
- whether there appears to have been a breach of the standards and which standards have been breached
- the impact of the actions or inactions of the approved carer or staff member on the child
- gather the following contextual information about the child’s approved carer or staff member from the notifier, where known:
- their level of experience
- the number and details of other children in the placement
- placement support details (including frequency of contact with a Child Safety Services' support worker or staff of a licensed care service or another entity)
- information about their characteristics and supports, including their emotional and physical condition, behaviour, history, view of the child and child-rearing practices
- the degree of stress the approved carer or staff member is currently experiencing
- the nature and outcomes of previous matters of concern (including existing or emerging patterns), where known to the notifier.
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). For further information refer to Chapter 10.3 Statutory obligation to notify the Queensland Police Service of possible criminal offences.
Respond to the notifier
When obtaining information from the notifier, advise the notifier of the confidentiality provisions under the Child Protection Act 1999, section 22(1)(a) and 186, including some legislative exceptions. For further information refer to the practice resource Notifiers and mandatory notifiers.
When government or non-government agencies contact Child Safety Services with concerns that constitute a matter of concern, advise the notifier that they will be advised about the Child Safety Services' response, and respond in accordance with Chapter 1, 4.4 Provide feedback to government and non-government agencies notifiers.
Conduct child protection history checks
When a notifier reports concerns relating to the standards of care provided to a child, conduct Child Safety Services child protection history checks on the child and the approved carer or staff member - refer to Chapter 1, 1.2 Conduct a child protection history check.
Gather information from additional sources
When determining 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 highlights the complexity of decision-making and 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:
- collate relevant information in relation to the child, including:
- the current case plan
- their placement history
- the length of the current placement
- any developmental and care needs (particularly factors that may increase the child’s vulnerability such as age, disability or behavioural issues)
- consult with the CSO with case responsibility for the child
- contact the following people and, where applicable, provide details of the concerns raised and obtain relevant information about the child, approved carer or staff member and the placement:
- the Community Services Team (CST) manager of the zone with responsibility for the licensed care service or another entity
- the licensed care service or another entity
- the CSO who has case responsibility for any child currently residing in the placement
- a recognised entity, where the child is Aboriginal or Torres Strait Islander
- obtain the views of all parties about whether a breach of the standards is indicated.
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), contact the person directly responsible for the provision of these services and obtain relevant information to inform decision-making.
Assistance by the Matters of Concern Review Unit
The Matters of Concern Review Unit may be contacted, by the CSSC manager or senior practitioner only, where it is considered that assistance is required in any aspect of the matters of concern process. For further information refer to 8. What if assistance is required from the Matters of Concern Review Unit.1.4 Consult with relevant people
Team leader and senior practitioner
When all of the information has been gathered, consult the team leader and senior practitioner to:
- discuss the concerns raised in the context of all the information gathered and determine whether the information gathered indicates a breach of the standards by the approved carer or staff member
- clarify which standards of care appear to have been breached, if applicable
- determine whether the concerns relate to all, or only some, of the children in the placement or to any other children in the household of the approved carer or staff member, based on information about the impact, or likely future impact, of the concerns received
- determine the recommended level of response to the information gathered.
Recognised entity, if applicable
The recognised entity must be given the opportunity to participate in the decision-making process if a matter of concern notification response is indicated for an Aboriginal or Torres Strait Islander child - refer to Chapter 10.1 Decision-making about Aboriginal and Torres Strait Islander children.
1.5 Seek CSSC manager approval for the decision
Following this consultation, provide the CSSC manager with all the relevant information and a recommendation about the appropriate Child Safety Services' response. Within two working days of the receipt of the information provided by the notifier, the CSSC manager will:
- consider the information and recommendation provided to ensure the Child Safety Services' response is proportional to the nature and seriousness of the concerns raised
- ensure the recognised entity for an Aboriginal or Torres Strait Islander child, has been provided with an opportunity to participate in deciding the appropriate Child Safety Services' response, if applicable
- ensure consultation with MOCRU occurs where this is considered necessary
- make the final decision about whether the information indicates a matter of concern and the appropriate level of response to the matter of concern.
Where the CSSC manager decides that the information is a matter of concern, create a ‘Matter of Concern’ event in ICMS and complete the Record of Concerns.
Where the CSSC manager decides that the information is not a matter of concern:
- record all relevant information in the above-mentioned details in the original ‘placement’ case note in the ‘placement’ event in ICMS
- contact each CSO responsible for any child currently placed with the approved carer or staff member and inform them of the decision not to record a matter of concern
- advise the CSO at the applicable CSSC where to locate the ‘placement’ case note in ICMS, documenting the CSSC manager’s decision.
1.6 Complete a critical incident report
Where the CSSC manager decides that a matter of concern notification involves the commission of a criminal offense, it constitutes a ‘Level 2’ critical incident. In this circumstance, complete a Critical Incident Report
in accordance with the Critical Incident Reporting policy.
1.7 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:
- harm caused, or suspected to have been caused, to a child who is in the care of an entity mentioned in the Child Protection Act 1999, section 82(1)
- a breach, or claimed breach, of the statement of standards
- the results of any investigation of a matter of concern.
When a matter is decided as a matter of concern, ensure all the information is recorded as soon as practicable in a ‘Matter of Concern’ event in ICMS, with the level of response as either:
- MOC - child placement concern report
- MOC - notification, with a 24 hour response timeframe, within 24 hours of the decision to record a matter of concern.
Ensure that the ‘Matter of Concern’ event in ICMS includes details of:
- all subject children to whom the concerns relate
- all other children subject to a placement under the Child Protection Act 1999, section 82(1), residing in the care environment but not considered to be subject children
- all other children residing in, or regularly frequenting, the care environment (for example, the approved carer or staff member’s own children or relative children, and children subject to a child protection order granting long-term guardianship to an approved carer)
- all other persons residing in the care environment
- checks and consultations conducted in the information gathering stage
- the rationale for the decision to record a matter of concern and the associated response
- when and how the recognised entity was provided with an opportunity to participate in decision-making, where applicable
- the concerns and the impact on the subject child, including:
- which standards of care appear to have been breached (where the response is a child placement concern report)
- the notified harms (where the response is a matter of concern notification)
- any additional information considered in the decision-making process about the matter of concern.
Once the ‘Record of checks and consultation’ form has been completed in ICMS, either the Child Placement Concern Report or MOC Notification will be generated.
Note: When one of the children in out-of-home care in the placement is the alleged person responsible for harm to another child in out-of-home care in the placement, do not record both children as subject children in the same notification. For further information, refer to 2. What if there is harm by another household member.
Following the completion of the ‘Matter of Concern’ event, the team leader is responsible for:
- the electronic approval of the child placement concern report in ICMS following the completion of the assessment
- the electronic approval of the matter of concern notification in ICMS.
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:
- record the relevant information, decision and rationale in a ‘placement’ case note in the ‘placement’ event in ICMS, including what action was taken to resolve the issues with the child and the approved carer or staff member
- place a copy of the ‘placement’ case note on the approved carer’s Child Safety Services' file, where applicable.
- Last updated
- 10 September 2009
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