In accordance with Part 5 of the Advocate for Children and Young People Act 2014, the Advocate for Children and Young People (NSW) established the Special Inquiry into children and young people in alternative care arrangements (ACAs). This includes the use of hotels, motels and other settings for placements, to understand the experience of those children and young people in their own words. This is the first Special Inquiry undertaken by the Advocate.
In line with the Advocate’s role to raise the voices of children and young people to government, business, and the community, the core focus of the Special Inquiry was to understand the lived experience of children and young people and to ensure that those voices are placed squarely at the centre of future work undertaken to reform the out-of-home care (OOHC) system in NSW.
Thank you to everyone involved in the work of the Special Inquiry who helped us to understand the experiences of children and young people in ACAs. We would like to especially thank every child and young person who helped create this report by sharing their experiences, without which, change could not happen.
During the course of the Special Inquiry, 21 children and young people aged 10 – 23 years participated in private hearings, and 21 submissions were received from interested parties, including from DCJ, non-government organisations, individuals and young people. In addition, the Special Inquiry team undertook desktop research and hosted two workshops with researchers, academic stakeholders and caseworkers.
The key impacts of these arrangements heard through private hearings, workshops, submissions, and other evidence include:
The report reflects the overwhelming evidence that ACAs are not appropriate care placements or living arrangements for children and young people. This evidence comes directly from children and young people who have been placed in these arrangements and is consistent with a number of written submissions received.
Based on the findings of the Special Inquiry, the NSW Government established an urgent review of the foster care system due to the first-hand experiences shared by children and young people in our private hearings.
In 2022 the Advocate released a report based on consultations with children and young people in out-of-home care (OOHC), which included the experiences of children and young people in a range of settings, including ACAs.
As of 30 June 2023, there were more than 100 children and young people in ACAs across NSW, including 26 children in hotels and motels, 37 in serviced apartments and 55 in short-term rentals including caravan parks.
The Advocate, based on conversations that informed the OOHC report and recent reports about ongoing systemic issues in regard to the use of ACAs in NSW, was concerned about the welfare and wellbeing of children and young people - both those who are currently in those arrangements and those who may have experienced those arrangements previously.
On Thursday 2 May 2024 the NSW Advocate for Children and Young People, Zoë Robinson, released Moving Cage to Cage: an interim report of the Special Inquiry into children and young people placed into alternative care arrangements (ACAs). This interim report focuses on hearing the lived experiences of children and young people in alternative care arrangements and lifts up the voices of those who have participated in private hearings as part of this Special Inquiry to date.
Key themes explored in the report include:
The report can be read here.
Special Inquiry into the experiences of children and young people in alternative care arrangements (ACAs) in New South Wales.
In accordance with Part 5 of the Advocate for Children and Young People Act 2014 (NSW) the Advocate for Children and Young People (ACYP) made a request to establish a Special Inquiry (Inquiry) on 19 September 2023, which was approved by the NSW Minister for Youth, the Hon Rose Jackson MLC.
ACYP is conducting an Inquiry into the experiences of children and young people in NSW in alternative care arrangements (often referred to as ACAs or “high-cost emergency placements”), which includes the use of hotels, motels, caravan parks, serviced apartments and other similar settings as emergency accommodation.
The Inquiry will have a particular focus on hearing from children and young people about their experiences.
The Inquiry will be examining and seeking views from interested parties on the issues and areas of focus set out below:
e. The cost effectiveness of ACAs.
f. Alternative approaches to the use of ACAs, including any local or global examples, and the social or economic benefits of such alternatives.
g. Any other related matter.
The Advocate intends to deliver the report from the Inquiry to the Minister in early 2024.
ACYP will be calling for submissions to the Inquiry from interested parties. ACYP will particularly seek to hear the views and experiences of children and young people who are currently in an ACA in NSW, and anyone who has been in an ACA in NSW in the last 10 years.
For more information see: https://www.acyp.nsw.gov.au/special-inquiry
Ms Zoë Robinson
Advocate for Children and Young People
Published on 12 October 2023
You can download a copy of the terms of reference here.
The Special Inquiry has published practice guidelines which outline the approach taken to this work, in particular in relation to the conduct of the hearings.
General Practice Guideline: this sets out general guidance about how the Special Inquiry works.
Practice Guideline 2 - Conduct of private hearings with children and young people: this guideline sets out general guidance about the conduct of private hearings with children and young people.
To support and inform the work of the Special Inquiry the Advocate is hosting a number of upcoming workshops with key stakeholders. These workshops include:
Submissions received by the Special Inquiry:
No. 1 Confidential
No. 6 Southern Youth and Family Services
No. 8 Centre for Excellence in Therapeutic Care and Australian Childhood Foundation
No. 10 Confidential
No. 12 Confidential
No. 14 The Department of Communities and Justice
No. 15 Aboriginal Legal Service (NSW/ACT) Limited
No. 19 Confidential
No. 20 Confidential
If you are a child or young people who is currently in an alternative care arrangement (ACA), or has previous experience being in an ACA in the past 10 years, we want to hear from you.
An ACA is an alternative care arrangement. This means an emergency and temporary place you stay or have stayed at whilst in care. This could include hotels, motels, caravan parks, serviced apartments, and other similar places.
ACYP has special powers to look into and understand the experiences of children and young people in ACA placements. This process is to help us better understand what it is like for a child/young person living in an ACA placement, and what services and supports you think children and young people need.
The terms of reference for the Inquiry can be found above. This describes the purpose of the Inquiry and the type of information that ACYP will be seeking to collect. ACYP will also be conducting in-person sessions called private hearings, for anyone who would like to share their experience.
Some of the things we are interested in hearing from you about include:
Submissions closed on Friday, 17 November 2023
You can make a written submission by:
You can make an audio/video submission by:
If you do not want to make a submission, but are interested in participating in a private hearing or consultation with ACYP, please contact us via: specialinquiry@acyp.nsw.gov.au.
Remember, if you need support, there is always hope and there is always help available.
If you’re in an emergency or immediate danger please call 000.
For support with your mental health you can go to:
To find supports in your local area, go to askizzy.org.au.
The terms of reference for the Inquiry can be found above.
All interested parties can make a submission by:
Submissions closed on Friday, 17 November 2023
On Friday 8 March 2024 at 2.30pm (EST) the NSW Advocate for Children and Young People, Zoë Robinson, held a public hearing as part of ACYP's Special Inquiry into children and young people in alternative care arrangements (ACAs).
The principal purpose of the public hearing was to provide an update on the Special Inquiry, the work undertaken to date and the expected next steps.
Transcript: Special Inquiry Public Hearing Advocate address
P: 02 9248 0970
NSW Advocate for Children and Young People
Ground Floor, 219-241 Cleveland Street, Strawberry Hills NSW 2012
NSW Advocate for Children and Young People
Locked Bag 5000, PARRAMATTA NSW 2124
The Advocate for Children and Young People is under the DCJ ABN 36 433 875 185.
P: 02 9248 0943 or 0439 346 249
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We acknowledge Aboriginal people as the First Nations Peoples of NSW and pay our respects to Elders past, present, and future.
Informed by lessons of the past, ACYP is improving how we work with Aboriginal people and communities. We listen and learn from the knowledge, strength and resilience of Stolen Generations Survivors, Aboriginal Elders and Aboriginal communities.