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National
Katri Uibu

Child protection failed to act after alleged abuser found living in caravan on same property with kids, mother says

Ashely says there need to be "changes" made to the child protection system. (ABC News: Maren Preuss)

In March 2020, Ashley* got a call from her mother saying she had something "very terrible" to tell her.

Warning: This article contains content that some readers may find distressing.

That conversation derailed her life.

It all started about 12 years earlier, when Ashley went into a coma. Upon waking up, she was unable to walk and talk properly — and unable to support her children.

Ashley agreed for her children to stay with her mother.

"I basically signed them over because child protection came in and said, 'If you don't, we're going to have to put them into foster care'," she said.

"I thought I was doing the right thing with child protection and signing my kids over. It turns out I didn't do the right thing."

Ashley's health is not her only struggle.

Her personal life has been marked by trauma. She suffered through domestic violence at the hands of her children's father in the early 2000s.

She took the kids and left, but continued to struggle with her mental health, eventually attempting to take her own life. 

That is when her family first became known to the Tasmanian child safety authorities. 

When on top of her mental health issues she was eventually also diagnosed with an autoimmune disease, Ashley said she even found it easier to have her children living with her mother.

For years, the arrangement seemed to work. Ashley got to regularly spend time with her children, who lived nearby.

Until one late evening, her mother called to make a disturbing admission — she had observed the oldest daughter perform a sexual act on her younger brother.

"He raped her when she was eight. It was ongoing through the course of 10 years. And then [she] started abusing her brother. It's gone down the chain."

Ashley said her mother pleaded with her not to tell anyone.

"She had not informed the children's school, child safety or any of the children's doctors. I informed these organisations about what had happened," Ashley said.

She said Tasmania Police took her daughter's statement, but because her daughter did not want to give evidence before the court, the matter was not pursued further.

Alleged abuser living in caravan on property

Ashley said because her mother had "kicked" her husband out, Tasmania's Department of Communities found there was no need for intervention.

Months later, Ashley saw his car pull up her mother's driveway. 

"I rang child protection again, and rang the police again, and then the children also confirmed that he's living in a caravan at the back of the house," she said.

"Child protection went out and did another assessment and said again, 'he's not at the house, there's no risk'."

In an affidavit supplied to the police, Ashley wrote:

"I do not consider that [my mother] took steps to protect the children's' best interests and in fact took active steps to conceal this abuse. [He] remains living on the property.

"The children have all experienced mental health issues and behavioural issues and I do not believe these issues are being well managed."

Through court, Ashley has regained the parental rights of several of her children and will fight for the return of another once she is able to pay for legal representation.

She said a child safety officer from the Department of Communities had admitted to her that they had "failed those children".

"The kids, they need justice, and they need someone to really take a look at the child protection area and make some changes," Ashley said.

The Department of Communities did not respond to questions relating to Ashley's case, but said in a statement it had processes in place to "ensure that people who are approved to care for children are safe people".

"This includes the mandatory requirement for all carers, household members and frequent visitors to the home to have a current working with vulnerable people registration," the department said.

"The department has processes in place to respond to allegations relating to the safety of children in out-of-home care. These responses include working alongside Tasmania Police in relation to allegations of child abuse."

Investigation reveals 'broken' child protection system

The ABC yesterday revealed child protection departments across the country have for years failed children and families.

More than 700 people across the country came forward as part of the investigation. More than 200 of them were current and former workers with intimate knowledge about how the system operates.

Federal Attorney-General Mark Dreyfus said he was concerned about the findings.

Social Services Minister Amanda Rishworth said she would join the Attorney-General and National Children's Commissioner Ann Hollonds in a meeting to "ensure all children in care are safe and protected".

Ms Hollonds said the system was "broken" and "desperately needs reform".

"Really, this system, many, many people would argue that it's broken and really needs urgent attention," she said.

"We need to have national leadership for child wellbeing in order for children to be a national policy priority."

*Name has been changed for legal reasons.

Calls for overhaul of Australia's child protection system
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