An interim review has found that child protection authorities failed to adequately assess multiple threats to Kumanjayi Little Baby's safety, leaving her mother "effectively" alone to protect her children while experiencing domestic violence. The five-year-old Warlpiri girl was allegedly abducted and murdered in April by Jefferson Lewis, a man unknown to her or her family. Her disappearance sparked an intensive five-day search before her body was found, leading to an outpouring of grief and hundreds of vigils around the country.
Review findings
The interim report, tabled in parliament on Tuesday, concluded that despite repeated indicators of domestic and family violence, the cumulative impact of the violence and its implications for the child's safety were not adequately recognised, and protective responses were not pursued in a timely manner. However, the review team stated they were unable to draw a "nexus" between the matters referred to the Department of Children and Families and the circumstances leading to Kumanjayi Little Baby's abduction.
The review, led by former New South Wales police commissioner Karen Webb and former acting NT anti-corruption commissioner Greg Shanahan, found that the key issue was not a lack of statutory authority or available protective mechanisms, but the timeliness and effectiveness with which risk was identified, assessed, and responded to.
Domestic violence risks overlooked
The report confirmed that Kumanjayi Little Baby and her family had been the subject of multiple child safety notifications as a result of domestic and family violence allegedly perpetrated by her father against her mother, including while her mother was pregnant. But it found that a domestic and family violence-informed risk assessment was not performed as part of the child protection risk assessment process.
The review authors found that because the department did not take into account domestic and family violence risks, it failed to adequately identify and assess the "cumulative impacts of multiple reports – including the frequency, severity and escalation of DFV incidents over time." The pattern of harm and the ongoing impact of the violence on the children and family environment was not fully recognised.
Subjective risk assessments
The review found that the safety of a child under the NT system relied on social workers' subjective judgment and risk assessment. "The review has shown inconsistent application of scaling," they said. "DCF staff have told the reviewers that it is possible different workers could attribute different ratings on the scale. The scaling score and assessment are then used to develop a safety goal." Webb and Shanahan found that the child safety framework relied too heavily on subjective judgment which varied between workers and was "likely to lead to understatement of risk and overstatement of safety."
Recommendations and reforms
The interim report made seven recommendations including improving training, recruiting to boost workforce capacity, better risk assessments, and safety planning. The Northern Territory government announced it would introduce sweeping reforms to the child protection system one week after Kumanjayi Little Baby's death.
On Tuesday, changes to the Care and Protection of Children Act passed parliament, over which the NT's children's commissioner resigned this month. Children and family advocates continue to argue against the changes, which could weaken the Aboriginal child placement principle, a protection introduced in response to the Stolen Generations years to keep Indigenous children connected to their family and community.
Catherine Liddle, the chief executive of SNAICC, said on Tuesday: "A statement from every other Child and Family minister from across the country reinforcing the very principle you're trying to destroy should be setting off alarm bells throughout the NT Ministry that they have got things horribly wrong."
