Where the Department of Family, Fairness and Housing (DFFH) makes a decision about a child or young person that a foster carer does not agree with, the carer may be able to lodge a complaint. This information sheet sets out information on the avenues a carer can take if in disagreement with a Departmental decision.
Please note that foster carers and kinship carers can no longer access the Department’s internal review processes. The internal review process is only available to parents and children who are of sufficient age and developmental capacity.
Carers should first raise concerns with their case worker or a manager in their foster care agency. It is the role of the agency to provide information and support to carers including information and assistance relating to the resolution of decision-making disputes. The agency may, on behalf of a carer, raise their concerns with the Department.
If you wish to make a complaint about a Departmental decision about your foster child, you can do so through its formal complaints process, by:
calling 1300 884 706 or by emailing feedback@dffh.vic.gov.au
writing to the Complaints and Privacy Unit, GPO Box 4057, Melbourne VIC 3001
completing an online complaint form at: Department of Families Fairness and Housing Victoria | Making a complaint (dffh.vic.gov.au)
If you decide to make a complaint, you should include the following information:
your name and contact details
the date of the events relating to your complaint
the name and date of birth of your foster child
a short and succinct explanation of the Department's decision - this might include the following:
details of the decision you are complaining about and why you think it is wrong
the date of the decision
the name of the currently allocated Child Protection Practitioner
the outcome that you desire
any legislative provisions or Department guidelines you are relying on in making your complaint (if applicable)
copies of any supporting documentation you hold that supports your complaint (if applicable)
Once your complaint is received, it will be managed in line with the Department's Compliments and Complaints Management Policy. This means the Department will assess, acknowledge, investigate, and resolve your complaint and then communicate the investigation outcome to you. This process can be expected to take approximately 18 to 24 business days.
The FCAV’s Carer Advocates can also assist foster carers to prepare and lodge written complaints should carers require advice and support to do so.
If you have requested or lodged a complaint to DFFH and you are still unhappy with the outcome, you can make a complaint to the Victorian Ombudsman. The Ombudsman cannot compel the Department to change or remake a decision, but it can make recommendations to the Department if it considers it appropriate to do so. It should be noted that if you decide to make a complaint to the Ombudsman, the Ombudsman will likely contact the original decision-maker to discuss your complaint.
If you would like to make a complaint to the Ombudsman, you can do so by:
completing an online complaint form at Complaints | Victorian Ombudsman
calling 1800 806 314 toll free
If you wish to make a complaint, you should make sure to include sufficient details (similar to the list set out above). The Ombudsman will consider your complaint and see if it can be resolved by contacting the Department. If it cannot be resolved, the Ombudsman will then decide about whether it should be investigated. Once a decision has been reached, the Ombudsman will inform you of the outcome. Most complaints to the Ombudsman are dealt with within 30 days. If it is necessary for the complaint to be investigated, investigations can take up to 12 months.
If the Department brings an application in the Family Division of the Children's Court about your foster child, you may be able to apply to be joined as a party to the proceedings to then ask that the Court hears your position. However, whether you can be joined is up to the discretion of the Court.
This may give you an opportunity to have your views expressed to, and taken into consideration by, the Court. You are likely to be joined if you can show you have a direct interest in the matter, and it is practicable for you to be joined to it.
Broadly speaking, decisions made by government entities may be subject to review by courts and tribunals. However, court or tribunal application processes can be complex and time consuming.
The options which are potentially available are: merits review at VCAT (where the decision is reconsidered based on the same information put to the original decision maker) and judicial review in the Supreme Court (where the decision is challenged based on an error of law made by the decision maker).
These are complex options to pursue and have strict time limits. The FCAV recommends that you promptly seek legal advice if you want more information about considering merits or judicial review of a Departmental decision.
The FCAV provides the above information as guidance to foster carers only. One or more of the above options may be available to you depending on your circumstances. If in doubt as to your options, you should seek legal advice on how to proceed as soon as possible after the decision is made. This is particularly because there are strict time limits for some review actions which, if missed, can cause any requested review to fail.
The FCAV appreciates the pro bono legal advice provided by Baker McKenzie solicitors that assisted with the production of this material.
