What ifs - responding to specific matters of concern matters
1. What if additional concerns are received?
When there is a current child placement concern report or matter of concern notification and investigation and assessment that has not been finalised and approved in ICMS, any further information or concerns will be responded to as part of the current matter of concern
In this circumstance, unless an exception applies, as outlined in Chapter 1, 2.6 Decide the response, record the new matter of concern in an ‘additional notified concerns’ form in either:
- the open ‘Matter of Concern’ event in ICMS
- the open ‘MOC – I&A’ event in ICMS
In this circumstance, another ‘Record of checks and consultation’ form must complete prior to the decision to record the additional concerns.
Where further information is received by a CSSC that does not have responsibility for the assessment of the current child placement concern report, all relevant information is to be recorded in a ‘placement’ case note in a ‘placement’ event in ICMS, as outlined in the section on ‘Actions required when concerns are received by another CSSC’, in the relevant procedure. In this circumstance the assessment of the additional concerns must occur as part of the current assessment.
The additional concerns are to be assessed as part of the current assessment or investigation and assessment.
2. What if there is harm 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:
- undertake information gathering requirements, including consideration of:
- whether the approved carer or staff member is aware of the harm or risk of harm
- the approved carer or staff member’s protective capacity and response to the child (for example, whether they have rejected the child or are refusing to take action to ensure the child’s safety)
- the approved carer or staff member’s willingness and ability to protect the child
- assess whether the standards of care have been breached by the approved carer or staff member
- consider any necessary actions, where appropriate, with respect to the approved carer or staff member’s ongoing suitability to provide out-of-home care (particularly where the concerns relate to harm or risk of harm by another child or adult residing in the care environment)
- where the person responsible is another child subject to out-of-home care, consider and where applicable, respond to the needs of this child, as well as respond to the matter of concern – this will require the recording of a separate notification on the responsible child.
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:
- where the alleged abuse was sexual, and there is no previous information recorded by Child Safety Services about any history of sexual abuse of, or by, the child – record a matter of concern notification on the child, and assess the child’s protection needs
- where the alleged abuse was sexual, and there is no previous information known by Child Safety Services about any history of sexual abuse of, or by, the child but the information received indicates that the child may have been sexually abused while in the care of his or her parents, record a ‘standard’ notification on the child and assess the child’s protection needs
- where the alleged abuse was sexual, and the child has a known history of either sexual abuse and/or sexually abusing other children, no additional notification is required unless there are any matters that have not previously been assessed.
3. What if there is harm by a person living outside the care environment?
Child Safety Services 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 or staff member’s household, or does not work for the licensed care service or another entity.
Prior to deciding the appropriate response, use the known information to assess:
- whether the approved carer or staff member is aware of the harm or risk of harm
- the approved carer or staff member’s protective capacity and response to the child (for example, whether they have rejected the child or are refusing to take action to ensure the child’s safety)
- the approved carer or staff member’s willingness and ability to protect the child, including whether they:
- support the child, believe the child or blame the child for the harm
- have an ongoing relationship with the alleged person responsible that will affect their ability to protect the child
- are able to protect the child but are unwilling to do so, due to identified factors (for example, the alleged person responsible may be a relative or friend of the approved carer or staff member, or there may be conflict between the approved carer or staff member and the child, preventing the approved carer or staff member from acting protectively).
Where the information received does not raise concerns about the standards of care provided to the child by the child’s approved carer or the staff member, the matter will be responded to in accordance with intake procedures relating to children in the general community, for example:
- a child in out-of-home care may experience sexual assault by another child who attends their school or be physically assaulted at a shopping centre by an adult with whom they have no relationship. In these circumstances:
- immediately refer the matter to the QPS in accordance with the Child Protection Act 1999, section 14(2), using a Police Referral Fax
- record the matter, and the actions taken, in a child concern report
- support the child, as part of ongoing intervention, through the provision of counselling, medical services, if appropriate, and during any subsequent criminal investigations and court processes
- a child in out-of-home care may experience harm or risk of harm by their parent during a family contact visit. In these circumstances, as the harm or risk of harm is not related to the carer or staff member’s actions or inactions:
- record the matter as a 'standard' notification
- undertake an investigation and assessment.
4. What if the child needs to be moved to a new placement?
The matter of concern assessment or investigation and assessment process is to ensure continuity of the child’s relationship with the approved carer or staff member and the stability of the child’s placement, as far as possible, unless:
- the child requests a change in placement and the delegated officer is satisfied it is in the child’s best interests
- for a child placement concern report, exceptional circumstances apply
- at any point during the investigation and assessment it becomes apparent that the child is at immediate risk of harm or unacceptable risk of future harm in the care environment, and protective intervention would not adequately ensure the child’s safety and well-being in the care environment.
The decision to remove the child from their care environment as part of a matter of concern will be made by the CSSC manager or another delegated officer, including a CSAHSC team leader, where the matter is being responded to by the CSAHSC. Where it will not jeopardise the immediate safety or well-being of the child, the CSSC manager will make this decision following consultation with the senior practitioner, having regard to the views of:
- the child, where age and developmentally appropriate
- the recognised entity, where the child is Aboriginal or Torres Strait Islander
- the approved carer or staff member, if applicable
- the licensed care service, if applicable.
Where the child’s immediate safety and well-being necessitate their removal from the care environment prior to seeking the views of the above relevant persons, or where having regard to the views of relevant persons, the CSSC manager proceeds with the decision to remove a child:
- record the decision and the rationale for the decision
- explain the rationale for the decision to all persons affected by the decision
- implement applicable information provision and administrative requirements, in accordance with the Child Protection Act 1999, section 90, and the Chapter 5, 4. Conclude an out-of-home care placement.
5. What if the concerns received are historical?
Responding to historical concerns
A 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 responded to as a matter of concern.
A carer who is no longer an approved carer
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.
A former child in out-of-home care over 18 years of age
Once a child who was formerly in out-of-home care turns 18 years, Child Safety Services has no legislative authority to either:
- record a child placement concern report or a matter of concern notification
- conduct an investigation and assessment.
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:
- record the concerns as a ‘MOC - Historical concerns’ case note in a ‘placement’ event in ICMS and ensure that the text reflects that the case note relates to historical matters of concern for a former child in care who is now over 18 years of age
- make all reasonable attempts to discuss and assess the concerns with the former child in care, subject to their consent
- discuss the concerns with the approved carer or staff member (where they are currently approved or employed by the licensed care service or another entity)
- for a carer who is no longer approved or for a former staff member of a licensed care service or another entity, make all reasonable attempts to meet with them to discuss the concerns (subject to their consent)
- record the assessment and the outcome in the same ‘MOC - Historical concerns’ case note in ICMS
- file a copy of the ‘MOC - Historical concerns’ case note on the approved carer’s Child Safety Services' file.
6. What if the notifier is vexatious or malicious?
In some circumstances Child Safety Services 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 or with the intent of ill will. For an appropriate response to such matters, refer to Chapter 1, 5. What if the notifier is vexatious or malicious?
7. What if there are multiple matters of concern?
Where the approved carer or staff member presents with more than one matter of concern (indicating a breach of the standards and/or a substantiated investigation and assessment where the approved carer or staff member is recorded as the person responsible), or a pattern of similar concerns, irrespective of the outcomes, the CSSC manager will, on a case-by-case basis:
- give consideration to a review of the approved carer or staff member’s suitability
- where recommended as a result of the review, take necessary action to amend, suspend or cancel the approved carer’s certificate of approval – refer to Chapter 8, 9. What if a foster or kinship carer's certificate of approval requires amendment, suspension or cancellation, other than on blue card grounds?
For the review of an approved carer’s suitability, due to multiple matters of concern, the zonal director is to determine whether:
- the senior practitioner who has had previous involvement with respect to the matter of concern process and/or decision, is to conduct the review
- they will negotiate for another senior practitioner who is independent of the case to conduct the review
- advice or assistance will be sought from the Matters of Concern Review Unit.
For the review of a staff member’s suitability, the CSSC manager will contact the nominee of the licensed care service and request a review of suitability, in accordance with the procedure 4. Develop and monitor an action plan.
In circumstances where there is an emerging pattern of matters of concern in relation to a licensed care service, consult with the relevant CST Manager and zonal director in relation to the licensed care service’s compliance with licensing standards, and whether any additional action is required.
8. What if assistance is required from the Matters of Concern Review Unit?
The Matters of Concern Review Unit (MOCRU) 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:
- assisting staff to determine the most appropriate response to concerns received about a child placed in out-of-home care
- providing advice to staff who undertake matters of concern assessments
- assisting with the development of an assessment plan
- providing feedback on the matters of concern assessment outcome
- assisting the CSSC to develop clear and effective action plans, where it is assessed there has been a breach of the standards of care.
In addition, at the request of a zonal director, the MOCRU is available to:
- undertake or assist in the review of an approved carer, through:
- supporting CSSC staff in the review process by providing advice
- completing a file review of the approved carer, to inform the CSSCs review
- assume full responsibility for the review of the approved carer
- undertake complex reviews relating to matters of concern.
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.
9. What if a staff member is responsible for concerns of a serious nature?
Where a staff member of a licensed care service or another entity is the alleged person responsible for concerns of a serious nature, such as those requiring criminal investigation, there are industrial relations issues to be considered when completing the matter of concern.
Investigation and assessment timeframe
Where a staff member has been suspended from their duties pending the outcome of an investigation and assessment, the average period of time that a licensed care service can suspend a staff member on full pay is four weeks. In this circumstance, make every effort to investigate and assess a matter of concern and advise relevant parties of the outcome, as soon as possible and within a period of 4 weeks.
Provision of information outlining the substantiated concerns
Where there are substantiated concerns of a serious nature, such as matters resulting in criminal proceedings, these should be clearly documented and provided to all relevant parties, including the manager of the licensed care service (refer to Letter to approved carer/staff member – advice of notification outcome). Licensed service providers require clear information about the substantiated concerns. In cases where dismissal of a staff member may be considered, organisations must provide clear grounds for dismissal in order to minimise their likelihood of being summoned to the Unfair Dismissal Tribunal. Processes need to be transparent, accountable and recorded and employers need clear information on which they can act.
10. What if a matter of concern coincides with the renewal of approval for a carer?
In circumstances where an approved carer is due to have their certificate of approval renewed at the same time as they are subject to a matter of concern, advise the carer of the following:
- the Application for approval - Form 3 APA (APA form) - Part C must still be submitted, in accordance with Chapter 8, 5. Renewal
- the renewal process will then be put on hold until the matter of concern is finalised.
This will ensure that:
- the carer will not be required to undergo an initial approval process following the completion of the matter of concern, due to their current approval expiring
- any child placed with the carer will not need to be removed, due to the carer’s approval expiring.
11. What if a person wants to make a complaint or seek a review?
Child Safety Services' clients, approved carers or staff members of a licensed care service or another entity may:
- make a complaint by contacting the local CSSC, the child safety zonal office or the Complaints, Case Review and Investigation Branch
- make a complaint or express concerns about Child Safety Services' decisions and actions relating to matters of concern through the CCYPCG
- seek external review of Child Safety Services' decisions and actions through the Children Services Tribunal, in circumstances prescribed by legislation (decisions able to be reviewed are prescribed in the Child Protection Act 1999, schedule 2).
An internal review of the decisions or actions of the CSO may be:
- requested by the zonal director
- undertaken by the CSSC manager
- assisted or undertaken by MOCRU (at the request of the zonal director, Executive Director, Child Safety Services Division, the Deputy Director-General or the Director-General).
12. What if there is a request for a copy of Child Safety Services' records?
Should an approved carer or staff member request a copy of Child Safety Services' information in relation to the assessment, they should be referred to Freedom of Information Branch by telephone on 1800 809 078.
Administrative release of documents under the Child Protection Act 1999, section 187(4), to a person should only occur following consultation between the CSSC manager and the Freedom of Information Branch.
Should an approved carer or staff member request that information be changed in, or added to, records associated with the assessment, the CSO, licensed care service or another entity will:
- refer the approved carer or staff member to relevant review mechanisms
- invite the approved carer or staff member to provide their response in writing, to be placed on:
- the approved carer’s Child Safety Services' file
- the licensed care service’s or another entity’s file
- the child’s file, referenced to the child placement concern report the child’s file, referenced to the investigation and assessment.
- Last updated
- 29 June 2009
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