oar references Casoii794 Bisw Ombudsman Level 24 580 George Street Sydney NSW 2000 oad Phone 029286 1000 Fax 0292832911 Toltee 1800 451 624 Mrs Jolanda and Mr Peter Challita ie tees) Web www.ombo.nsw.gov a0 Dear Mr and Mrs Challita Re: Your complaint regarding the Department of Education and Training T understand that Oliver Morse, an Investigation Officer from this office, has recently written to you regarding the outcome of your complaint about the Department of Education and ‘Training. In this letter, dated 28 February 2003, he advised you that some aspects of your ‘cvmplaint would be forwarded to a child protection specialist within the Ombudsman’s Office for further assessment. Thave now had the opportunity to review the information in your letters dated 29 December 2002 and 20 February 2002 (that we received on 24 February 2003) and the other material that you have provided to Mr Morse during the course of his enquiries. I have carefully considered the issues that you have raised in your complaint, and do not consider that the Department of Education and Training's alleged failure to mect the educational needs of your children constitutes an allegation of child abuse. As you are aware, the Ombudsman has the responsibility to ensure that effective systems are in place within certain agencies in NSW for preventing child abuse and for responding to child abuse allegations in the workplace. For @ situation to fall within our child protection jurisdiction, there must be an allegation of child abuse that relates to a specific employee and the behaviour of that employee. In the case of allegations of psychological abuse, there must also be evidence of a direct link between that employee's behaviour and the alleged harm suffered by the child. In this case, it seems that you are complaining about the system’s general failure to provide adequate services for your children. Whilst you may believe that your children have been unfairly disadvantaged by not gaining placements in particular schools, I do not consider that this falls within the definition of child abuse in accordance with the legislation, Therefore, we will not be taking any further action in relation to this aspect of your complaint. ‘Thank you for bringing this matter to the attention of the Ombudsman, Yours sincerely (Quay . Katharine Ovenden Team Manager For the Ombudsman@ sw Ombudsman Level 24 880 Gere Stet ‘Sydney NSW 2000 Phone 029286 1000 Fax 0292832911 Ms Jolanda Challita Ls 3 Turriell Bay Road Web LILLIPILLI NSW 2229 Our reference: €/2003/275 €/2003/1794 R/2003(59 aw ombe.nsw. gow au Dear Ms Challita In your letters of 12, 21 and 25 March 2003 you have expressed dissatisfaction with the decisions made by Ms Katharine Ovenden and Mr Oliver Morse about your complaints against the Department of Education . ‘We have a wide discretion in deciding which of the many matters submitted for my attention are acted upon. Various policies have been developed to guide my staff in these decisions. All staff strive to assess matters objectively, fairly and accurately and ‘in accordance with these policies. ‘You have requested a review of the decisions made by Ms Ovenden and Mr Morse. I recognise that errors can sometimes occur. In the interests of faimess, in such situations I have another officer conduct a fresh assessment of the matter and advise me whether the original decision should be confirmed or altered. In this case,Ms Lindy Annakin, Senior Investigation Officer, conducted the review. I would first confirm that all information provided by you, including letters, material submitted in a ring binder folder in December and all subsequent documents have been considered, both in the original determination of your complaint and now in its review. ‘After receiving Ms Annakin’s advice and reviewing the matters myself, I have decided to confirm the original decisions made on your complaint. I would, however, like to answer two points made in your review requests. ‘You state that you were concemed that Ms Ovenden did not contact you, nor give you ‘an opportunity to discuss the matter or your concems before she made her decision on ‘your complaint. First of all I would confirm that we expect complainants to lay all their cards on the table at the outset so we can assess their cases in the knowledge that all information available to them is available to us. Your complaint that the actions of the Department of Education amount to neglect of your children does not come within the definition of child abuse as provided by the legislation. Neglect is defined, in keeping with the NSW Interagency Guidelines for Child Protection Intervention, as “the failure to provide the basic physical and emotional necessities of life”, example the failure to provide adequate food, shelter, medical care or supervision. As it is abundantly clear that your complaint does not involve conduct amounting to