Policy and reform
Having disability supports involved made a child protection report less likely to get a caseworker
The NSW Ombudsman investigated how the Department of Communities and
Justice handles reports that a child is at risk of significant harm. In 2024-25 the department
screened in 244,710 of them and closed 65 per cent without
allocating a caseworker, on the stated basis of no capacity to allocate
,
a share that has risen each year since 2022-23.
The Ombudsman made findings of maladministration. Buried in the pattern of what got
de-prioritised is a line this sector should read twice: In cases involving children or
carers with disability, the involvement of other services was too often treated as a reason
not to allocate a ROSH report to a caseworker.
30 August 2026, updated 18 October 2026 with the full report · from the Ombudsman’s own reports · 3 sources
What the investigation was
An own motion investigation, meaning the Ombudsman started it rather than responding to a
complaint, into the
practice of closing a large proportion of reports it receives about risks of significant harm
(ROSH) to children and young persons without a face-to-face assessment, and without being
assured that the child is not at ROSH.
Deciding whether a child is at risk of significant harm is, as the report puts it,
typically the first step in considering any child protection intervention
, and one of
DCJ’s core responsibilities under the Children and Young Persons (Care and Protection) Act
1998.
The scale
The two numbers are the story on their own. In 2024-25, DCJ received 244,710 ROSH
reports.
And: Based on a stated reason of lack of capacity or competing priorities, DCJ
closed 64% of these reports without allocating them to a caseworker for further assessment.
The full report, released on 6 February 2026, gives the series behind that, counting reports
closed with the label no capacity to allocate
. In 2022-23 it was 60 per cent
of 228,347 screened-in reports, in 2023-24 64 per cent of 246,846, and in 2024-25 65 per cent of
244,710. Over the same three years the share of children in those reports who got a field
assessment and were seen fell from 25 per cent to 19.5 per cent. The department itself noted to the
Ombudsman that, allowing for double-counting where a child had a second report that was
allocated, at least 54.8% (134,036/244,710) received no response
from DCJ.
The Ombudsman is direct about what that has become. Closing cases on resource grounds
has become ‘business as usual’ and a tolerated cultural norm within DCJ
, and
the department’s triage policy, under which a report not allocated within 28 days is to be
closed, is not consistent with DCJ’s statutory responsibilities under the Care
Act.
Which reports lost out
This is where it becomes a disability story. The report describes
concerning practices when deciding which ROSH reports receive a response
, and says a staff
survey confirmed anecdotal evidence that performance targets had created an incentive for
some staff to preference or avoid allocating certain ROSH reports.
Two kinds of report were named as losing out. Those with
less immediate but longer-term risks to the child – such as chronic neglect, whether
medical or educational
. And then the disability finding, quoted in full at the top of this
piece: where a child or a carer had disability, the fact that other services were already
involved was too often treated as a reason not to send a caseworker.
Read plainly, that is disability support being counted as a substitute for a child protection assessment. The services around a family are not there to establish whether a child is at risk of significant harm, and the Ombudsman’s point is that they were being allowed to stand in for the assessment that would.
What the full report adds
The special report gives disability its own section, and it opens more strongly than the
Casebook’s summary: A standout issue in the cases we reviewed concerned
children with disability (or whose parents or carers had a disability), falling through gaps
between child protection and other services.
It names three problems:
inadequate information gathering during triage, over-reliance on the involvement
of other services when deciding to close, and failing to give sufficient weight to vulnerability
when assessing risk to the child with disability.
Its case studies are de-identified, and one shows the trap exactly. A disability service made
two reports within ten days about a young autistic, non-verbal child who had NDIS funding for
services but whose family was reported as not engaging, and a separate report from the school confirmed the
child was not attending. Both of the service’s reports were closed, partly on the involvement of
support services, despite the fact that the reports had been made by that service
itself
. The school’s report was closed as a duplicate. In the Ombudsman’s view,
DCJ placed too much weight on the involvement of school and disability services
when deciding to close the report, given that the key issue in the report was non-engagement with
those services.
One of the recommendations is aimed squarely at this. Until the wider reform lands, DCJ
should instruct staff not to close ROSH reports in reliance on the availability of,
or a referral to, a service
where the service itself made the report, indicating it cannot
mitigate the risk, or where staff are aware, or have clear evidence to suggest, that the family
will not in fact use the service.
Our view, and it is a view. Of everything in this investigation, this is the finding most likely to be read as reassuring and is not. A family with disability supports in place looks, on a triage screen, like a family already being seen by somebody. The report says that appearance was doing work it should not have been doing.
What happens next
The Ombudsman made findings of maladministration, including
by reason of being inconsistent with statutory responsibilities
, and recommendations
covering Policy review and reform; legislative review; staff training.
Four
recommendations were made and, the report records, all four were accepted by DCJ.
A full report of the investigation was tabled as a special report to Parliament in February
2026.
The full report is plainer about the limits. Because DCJ told the Ombudsman it could not or
should not stop such closures at once without wider reform, the report says we have not made
a recommendation that DCJ must immediately cease its practice of closing ROSH reports without a
decision having been made under s 30
, adding that for so long as this practice
continues, DCJ will be failing its responsibilities
. DCJ was asked for a final response with
an implementation timeframe within two months, and for a progress report every three months
after that.
Acceptance is not implementation, and the recommendations name a legislative review, which is not a quick thing. Up to 2024-25 the share closed has gone up, not down. Beyond the Casebook’s note of acceptance, we have looked for DCJ’s own published response, any progress report and figures for 2025-26, and found none.
How we did this
Everything here comes from the NSW Ombudsman: first its Casebook July 2026: Investigations and complaint-handling case studies, a report to Parliament, read directly on 30 August 2026, then the full report and media release named below. Every quotation is verbatim and every figure is from the Ombudsman’s reports, except the 54.8 per cent, which is DCJ’s own estimate as quoted there.
When we first published, we had read the Casebook’s account of this investigation, not the full special report, which the Casebook says was tabled separately in February 2026. So the methodology behind the disability finding, how often it occurred and how it was identified, was not something we could describe, and we did not imply otherwise.
Updated 18 October 2026: we have now read the full report, No Capacity to Allocate, released on 6 February 2026, and added what it says about disability, the year-by-year figures, the recommendation on services and the limits the Ombudsman set. Its case review included a desktop review of the first 380 triage records closed as no capacity to allocate in June 2023, and it made no findings about any particular case. It calls the disability pattern a standout issue in the cases it reviewed but gives no count, so we do not give one. The Casebook puts the 2024-25 share at 64 per cent; the full report and the Ombudsman’s media release put it at 65 per cent, and the full report gives 64 per cent for 2023-24. We use the full report’s figure in the standfirst and quote the Casebook as it stands. On 18 October 2026 we searched for a DCJ response, progress reports and 2025-26 figures, and found none.
This is a child protection investigation and only one of its findings is specific to disability. We have said so rather than presenting the whole investigation as a disability matter. We name no individual, no family and no case.
The paragraph beginning Our view
is opinion, built on the findings quoted above.
Sources
How this was made. Researched, drafted and edited by AI systems under our editorial rules, from the primary sources below. 10 quotations were matched word for word, by script, against our saved copies of their sources before publishing. How this site works.
- NSW Ombudsman, Casebook July 2026: Investigations and complaint-handling case studies, report to Parliament, read 30 August 2026: the own motion investigation and its scope, the 244,710 ROSH reports in 2024-25 and the 64 per cent closed without allocation, the stated reason of lack of capacity or competing priorities, the business-as-usual characterisation, the 28 day triage policy and its inconsistency with the Care Act, the staff survey and performance-target finding, the chronic neglect and disability de-prioritisation findings, the maladministration findings, the four accepted recommendations, and the February 2026 special report to Parliament.
- NSW Ombudsman, “No Capacity to Allocate”: the Department of Communities and Justice’s practice of closing ROSH reports, special report to Parliament, 6 February 2026 (report page), read 18 October 2026: the closure series for 2022-23 to 2024-25, the share of children seen, DCJ’s 54.8 per cent estimate, the method of the case review, section 6.5 on disability and its case studies, the findings, recommendation 4(f), the limit on recommending an immediate stop, and the response and reporting timetable.
- NSW Ombudsman, media release, 6 February 2026, read 18 October 2026: the 65 per cent of screened-in reports closed due to no capacity to allocate in 2024-25.
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