A WA parliamentary question reveals the number of children harmed while in state care since 1993, the number alleging harm, and the department's response to providing legal advice. No compensation has been paid by the Department for Community Development to a child harmed in care since 1993.

AnsweredQoN 2434Legislative Assembly
Asked
2 March 2004
Portfolio
Community Development, Women's Interests, Seniors and Youth

QuestionView source ↗

(1) How many children have been harmed while in the care and protection of the State in each year since 1993?
(2) How many children have alleged harm while in the care and protection of the State since 1993?
(3) How many children have been provided with legal advice for claims against negligence since 1993?
(4) How many cases of alleged abuse were pending on 1 March 2003?
(5) In how many cases since 1993 was compensation paid?
(6) What was the total cost of the compensation?

AnswerView source ↗

Answered
2 June 2004
Responded by
Minister for Community Development, Women's Interests, Seniors and Youth
Response time
92 days
1993-1994 18 children 1994-1995 10 children 1995-1996 26 children 1996-1997 24 children 1997-1998 17 children 1998-1999 27 children 1999-2000 16 children 2000-2001 27 children 2001-2002 30 children 2002-2003 38 children 2003-29/3/04 20 children Harm is defined as a substantiated child maltreatment allegation including emotional, physical and sexual abuse and neglect. The figures include harm by Foster Carers, parents, other relatives, friends, neighbours, siblings and others. These figures will change, because they are based on live data, as: a) new allegations of harm are received and investigated b) a result of ongoing quality assurance of all previous allegations (which may result in some minor changes) (2) As at 29/03/04 447 children have reported allegations of harm since 1993, whilst in the care of the Department, to the Department. Alleged harm includes all child maltreatment allegations, as defined above, both substantiated and unsubstantiated. (3) In May 2003 the Hon Minister became aware of the Department’s inadequate, ad hoc responses to refer children for independent legal advice where they may have a potential claim of negligence. The Department was instructed to take immediate action to address this critical requirement. As a result the Duty of Care Project was established to develop a central coordinating role and systems to ensure the Department’s field and legal services met this requirement. The Department can confirm to date that 34 children have received independent legal advice since 1993. The Department has been instructed that this remains the highest priority to continue to identify those children who still require to be referred for independent legal advice to ensure their legal rights are met. (4) The Member is requested to clarify the question. (5) No compensation has been paid by the Department for Community Development to a child harmed in care since 1993. (6) Not applicable.
Harm is defined as a substantiated child maltreatment allegation including emotional, physical and sexual abuse and neglect. The figures include harm by Foster Carers, parents, other relatives, friends, neighbours, siblings and others. These figures will change, because they are based on live data, as: a) new allegations of harm are received and investigated b) a result of ongoing quality assurance of all previous allegations (which may result in some minor changes) (2) As at 29/03/04 447 children have reported allegations of harm since 1993, whilst in the care of the Department, to the Department. Alleged harm includes all child maltreatment allegations, as defined above, both substantiated and unsubstantiated. (3) In May 2003 the Hon Minister became aware of the Department’s inadequate, ad hoc responses to refer children for independent legal advice where they may have a potential claim of negligence. The Department was instructed to take immediate action to address this critical requirement. As a result the Duty of Care Project was established to develop a central coordinating role and systems to ensure the Department’s field and legal services met this requirement. The Department can confirm to date that 34 children have received independent legal advice since 1993. The Department has been instructed that this remains the highest priority to continue to identify those children who still require to be referred for independent legal advice to ensure their legal rights are met. (4) The Member is requested to clarify the question. (5) No compensation has been paid by the Department for Community Development to a child harmed in care since 1993. (6) Not applicable.
These figures will change, because they are based on live data, as: a) new allegations of harm are received and investigated b) a result of ongoing quality assurance of all previous allegations (which may result in some minor changes) (2) As at 29/03/04 447 children have reported allegations of harm since 1993, whilst in the care of the Department, to the Department. Alleged harm includes all child maltreatment allegations, as defined above, both substantiated and unsubstantiated. (3) In May 2003 the Hon Minister became aware of the Department’s inadequate, ad hoc responses to refer children for independent legal advice where they may have a potential claim of negligence. The Department was instructed to take immediate action to address this critical requirement. As a result the Duty of Care Project was established to develop a central coordinating role and systems to ensure the Department’s field and legal services met this requirement. The Department can confirm to date that 34 children have received independent legal advice since 1993. The Department has been instructed that this remains the highest priority to continue to identify those children who still require to be referred for independent legal advice to ensure their legal rights are met. (4) The Member is requested to clarify the question. (5) No compensation has been paid by the Department for Community Development to a child harmed in care since 1993. (6) Not applicable.
a) new allegations of harm are received and investigated b) a result of ongoing quality assurance of all previous allegations (which may result in some minor changes) (2) As at 29/03/04 447 children have reported allegations of harm since 1993, whilst in the care of the Department, to the Department. Alleged harm includes all child maltreatment allegations, as defined above, both substantiated and unsubstantiated. (3) In May 2003 the Hon Minister became aware of the Department’s inadequate, ad hoc responses to refer children for independent legal advice where they may have a potential claim of negligence. The Department was instructed to take immediate action to address this critical requirement. As a result the Duty of Care Project was established to develop a central coordinating role and systems to ensure the Department’s field and legal services met this requirement. The Department can confirm to date that 34 children have received independent legal advice since 1993. The Department has been instructed that this remains the highest priority to continue to identify those children who still require to be referred for independent legal advice to ensure their legal rights are met. (4) The Member is requested to clarify the question. (5) No compensation has been paid by the Department for Community Development to a child harmed in care since 1993. (6) Not applicable.
(2) As at 29/03/04 447 children have reported allegations of harm since 1993, whilst in the care of the Department, to the Department. Alleged harm includes all child maltreatment allegations, as defined above, both substantiated and unsubstantiated. (3) In May 2003 the Hon Minister became aware of the Department’s inadequate, ad hoc responses to refer children for independent legal advice where they may have a potential claim of negligence. The Department was instructed to take immediate action to address this critical requirement. As a result the Duty of Care Project was established to develop a central coordinating role and systems to ensure the Department’s field and legal services met this requirement. The Department can confirm to date that 34 children have received independent legal advice since 1993. The Department has been instructed that this remains the highest priority to continue to identify those children who still require to be referred for independent legal advice to ensure their legal rights are met. (4) The Member is requested to clarify the question. (5) No compensation has been paid by the Department for Community Development to a child harmed in care since 1993. (6) Not applicable.
Alleged harm includes all child maltreatment allegations, as defined above, both substantiated and unsubstantiated. (3) In May 2003 the Hon Minister became aware of the Department’s inadequate, ad hoc responses to refer children for independent legal advice where they may have a potential claim of negligence. The Department was instructed to take immediate action to address this critical requirement. As a result the Duty of Care Project was established to develop a central coordinating role and systems to ensure the Department’s field and legal services met this requirement. The Department can confirm to date that 34 children have received independent legal advice since 1993. The Department has been instructed that this remains the highest priority to continue to identify those children who still require to be referred for independent legal advice to ensure their legal rights are met. (4) The Member is requested to clarify the question. (5) No compensation has been paid by the Department for Community Development to a child harmed in care since 1993. (6) Not applicable.
(3) In May 2003 the Hon Minister became aware of the Department’s inadequate, ad hoc responses to refer children for independent legal advice where they may have a potential claim of negligence. The Department was instructed to take immediate action to address this critical requirement. As a result the Duty of Care Project was established to develop a central coordinating role and systems to ensure the Department’s field and legal services met this requirement. The Department can confirm to date that 34 children have received independent legal advice since 1993. The Department has been instructed that this remains the highest priority to continue to identify those children who still require to be referred for independent legal advice to ensure their legal rights are met. (4) The Member is requested to clarify the question. (5) No compensation has been paid by the Department for Community Development to a child harmed in care since 1993. (6) Not applicable.
(4) The Member is requested to clarify the question. (5) No compensation has been paid by the Department for Community Development to a child harmed in care since 1993. (6) Not applicable.
(5) No compensation has been paid by the Department for Community Development to a child harmed in care since 1993. (6) Not applicable.
(6) Not applicable.

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