AUSTRALIA: Desperate measures - caring for children with disabilities

Acting Commissioner Karen Toohey says that Desperate measures: the relinquishment of children with disability into state care in Victoria is the first report of its kind and shines a light on what has been a hidden problem in our disability system for many years.

Download a copy of Desperate measures: the relinquishment of children with disability into state care in Victoria.

"Relinquishment is a tragedy that is preventable and demonstrates a system under pressure. If prevention and early intervention were of greater focus, fewer families would end up in this situation.

"Children experience trauma, grief, fear and confusion. They spend periods in inappropriate accommodation, such as long periods living in respite facilities or moving from place to place," Ms Toohey said.

"Our research showed that one in four of the children placed in respite centres were still there six months later. In at least one case reported to us, a child has been living in respite for two years or more.

Desperate measures makes 28 recommendations that range from understanding the problem better and improving recording of instances of relinquishment and their causes, through to early identification of families at risk and prevention strategies.

"Relinquishment caused by the failure to deliver adequate support denies the human rights of children and families under both Australian and international law."

Ms Toohey said that all the families interviewed by the Commission were left without a choice and felt surrendering care was their last resort.

"Almost all the families told us that they decided to came forward to tell their stories in the hope that other people would not have to go through what they had."

"That is why it is so vital that Desperate measures is the basis for reviewing current practice and delivering lasting change," said Ms Toohey.

Bernie Geary, Child Safety Commissioner, said that the decision to relinquish a child into state care is a critical life-changing decision, first and foremost for the child, but also for all family members and their community.

"It is essential that if and when relinquishment of a child with a disability is considered, that it is not done in circumstances of desperation or at a point exhaustion for the parents," Mr Geary said.

Disability Services Commissioner, Mr Laurie Harkin, said that it is important to acknowledge the levels of distress that sit behind the stories that are shared in this report.

"This report has drawn on the experiences of families, advocates, service providers and offices like my office in dealing with crises involving the care of children with a disability.

"The report's recommendations offer an important way forward to addressing the critical need to provide more effective ways to support children with a disability and their families and prevent crisis driven decisions," Mr Harkins said.

The Commission’s research revealed that the key to preventing relinquishment is in addressing unmet need for support.

Desperate measures found:

• 94 per cent of the families surveyed reported difficulty accessing support services, or that they had received inadequate support services
• 87 per cent of surveyed organisations reported that facility-based respite was unavailable or inadequate
• 73 per cent of organisations surveyed reported that in-home support was unavailable or inadequate. 

Further Information:

• UN Convention on the Rights of Persons with Disabilities
• More on children's rights in Australia