Inquest into the death of BW

Case Number: 2020/116336

Findings Date: 8 September 2023

Magistrate: Harriet Grahame

CORONIAL LAW | self-inflicted death; death after emergency removal of child by NSW Police pursuant to Children and Young Persons (Care and Protection) Act; adequacy of Police response to person in emotional distress; adequacy of Department of Communities and Justice response to risk of significant harm reports; adequacy of Police policies, procedures and training dealing with emergency removal of children; adequacy of Police policies and procedures dealing with reports of threats of suicide or self-harm; recommendations made

Responses

Recommendations

The Secretary of the Department of Communities and Justice

(1) The Office of the Senior Practitioner give consideration to what further policy guidance and practical assistance the Department can provide to the NSW Police Force in respect of the conduct of removals of children pursuant to s 43 Children and Young Persons (Care and Protection) Act 1988.

The Commissioner of the NSW Police Force

(2) The Commissioner implement a requirement that NSW Police notify the Department of Communities and Justice as soon as reasonably practicable of any determination to exercise police power to pursuant to s 43 Children and Young Persons (Care and Protection Act) 1998 to remove a child, noting such contact should be done as a priority and priority access to the DCJ Child Protection Helpline is available for this purpose.

(3) The NSW Police Force Handbook (Sexual violence and child abuse) and Operations Manual (Sexual assault and child abuse) be reviewed with a view to enhancing police knowledge, skills and practices in carrying out decisions to remove children pursuant to s 43 Children and Young Persons (Care and Protection Act) 1998, by including content in line with following sections of the Department of Communities and Justice (DCJ) Removal or Assumption of a Child Mandate:

a. "Separation and loss".

b. "Providing support during the removal process".

c. "Helping children make sense of the removal".

d. "Assuming care of the child".

(4) The Commissioner review publications and training resources on the topic of emergency removals of children pursuant to s 43 Children and Young Persons (Care and Protection) Act 1998, having regard to the content of the following Department of Communities and Justice material:

a. Removal or Assumption of a Child Mandate

b. Separation and Loss Practice Advice Topic.

(5) Consideration be given to the delivery of training sessions, to an appropriate class of officers, including by online means, on the carrying out of decisions to remove children pursuant to s 43 Children and Young Persons (Care and Protection) Act 1998.

(6) The Commissioner review the Prioritising Police Response to Incidents policy, and any other relevant policy and guidance material applicable to station-based officers, to ensure consistency in the implementation of the amended Radio Operations Group Standard Operating Procedure that all incidents involving a threat of self-harm be assigned a Priority 2 response upon creation of a CAD job.

(7) The contents of the education and training delivered at the NSW Police Academy prior to attestation as a Probationary Constable be reviewed for the purpose of ensuring inclusion of adequate instruction on the importance of junior officers raising directly with their supervisors relevant information they obtain in the course of their duties.

The Commissioner of the NSW Police Force and the Secretary of the Department of Communities and Justice

(8) Joint consideration be given to the creation of a fact sheet, required to be given to a parent or parents present at the time of any emergency removal of a child by police pursuant to s 43 Children and Young Persons (Care and Protection) Act 1998, including content addressing the following matters, in line with the DCJ "When your child is removed from your care" fact sheet:

a. In general terms why police have removed the child.

b. What happens next.

c. Contact details for the DCJ Child Protection Helpline.

d. Space for the name and contact details of a relevant police officer and relevant police station who the parent can contact for more information.

e. Other useful contact details including for Legal Aid NSW and any appropriate complaint arising from the conduct of police.

f. Contact details for 24/7 mental health support services (Lifeline, Beyond Blue, NSW Mental Health Line).

(9) The lnteragency Guidelines on Reporting and Responding to Child Wellbeing and Safety Concerns be jointly reviewed, with a view to including reference to the police exercise of power under s 43 Children and Young Persons (Care and Protection) Act 1988, with hyper-links to relevant NSWPF policies and guidance materials.

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