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Women with Disability in Child Protection Systems

Written by Ibrahim Sesay on .

Navigating the child protection system is a daunting experience for any parent. It’s a world of complex legal terms, high-stakes meetings, and profound emotional vulnerability. For women with disability, this journey is often fraught with additional, unique challenges. Systemic barriers, unconscious bias, and a critical lack of appropriate, disability-informed support can turn the process into an uphill battle.

If you are reading this and see your own situation reflected in these words, please hold onto one fundamental truth: You have rights. You have the right to be heard, the right to be treated fairly, and the right to access the supports you need to present your capabilities as a parent. The fear and isolation you may be feeling are valid, but they do not define your outcome. This article aims to shed light on the specific hurdles you might face and, most importantly, outline how specialist advocacy can help you overcome them.

The Unique Challenges at the Intersection: What the Data Shows

The child protection system is not always designed with disability in mind. Women with disability are disproportionately represented in these systems, both in Australia and globally. Research indicates that parents with disability, and particularly mothers, are significantly over-represented in child protection proceedings.

1. Presumption of Incapacity, Not Assessment of Ability:
A primary hurdle is the leap from disability to an assumption of an inability to parent. A 2019 study in Australia found that parents with disability are disproportionately involved in child protection systems, with parental disability being a factor in as many as 1 in 3 child protection cases. The study highlighted that decisions were often based on perceptions of risk associated with the disability itself, rather than an evidence-based assessment of parenting capacity (Centre for Applied Disability Research, 2019).

2. The Inaccessibility of the Process Itself:
The system itself can be full of barriers, from physically inaccessible buildings to communication hurdles. A 2020 report by Women With Disabilities Australia (WWDA) emphasised that women with disability are often denied procedural accommodations, such as easy-read documents or communication supports, which are essential for their effective participation. This failure to provide reasonable adjustments can violate their rights under the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which Australia has ratified.

3. The “One-Size-Fits-All” Support Problem:
Child protection services often mandate generic parenting programs that are not adapted for diverse disabilities. A global systematic review published in the Child Abuse & Neglect journal concluded that parents with intellectual disability, in particular, are frequently offered interventions that are inappropriate and ineffective, setting them up for failure. The review found a stark lack of evidence-based, tailored parenting supports, leading to poor outcomes for families (McConnell & Sigurjónsdóttir, 2010).

4. The Weight of Bias and Stereotyping:
Unconscious bias is a powerful force. The Australian Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability has received extensive evidence about the discrimination faced by parents with disability. The Commission heard that mothers with disability are often perceived as incapable of caring for their children, leading to children being removed primarily on the basis of the mother’s disability, rather than any evidence of harm (DRC, 2021). This is a global issue; a UN report has noted that in many countries, “the removal of children from parents with disabilities is still based on prejudice and not on actual risk of harm” (UN Special Rapporteur on the Rights of Persons with Disabilities, 2017).

The Critical Role of Specialist Disability Advocacy

Facing these challenges alone can feel isolating and hopeless. This is where specialist advocacy becomes not just beneficial, but essential. This type of advocacy is different from having a lawyer or a general support worker. A specialist disability advocate is solely on your side. Their expertise lies in understanding both the child protection system and the rights and needs of people with disability.

So, what does this support look like in practice?

1. Empowerment Through Education:
Your advocate will ensure you understand your rights under Australian law, including the Disability Discrimination Act 1992 (Cth) and state-based child protection legislation. They demystify the process, empowering you to assert your right to reasonable adjustments.

2. Amplifying Your Voice:
In meetings where you might feel outnumbered, your advocate is there to ensure your voice is heard. They help you communicate your parenting plans and strengths, challenging the biases documented by the Royal Commission.

3. Enforcing Your Right to Accessibility:
Your advocate proactively works to remove barriers, ensuring you can participate fully in your case. This is a practical application of the principles outlined in the CRPD, moving from theory to action.

4. Strategic Navigation and Preparation:
Your advocate helps you build a strong case that focuses on your abilities and the supports you have in place, countering the statistical risk of unfair assessment.

5. Challenging Unfair Decisions:
If a decision seems biased, your advocate can help you understand your options for review, providing the support needed to challenge outcomes that are not fair or just.

Moving Forward with Strength and Support

The statistics and research are clear: the system presents significant barriers. However, the presence of a skilled, understanding ally can transform the experience. It shifts the dynamic from one of isolation and powerlessness to one of supported empowerment.

Remember, loving your child is your greatest strength. The goal of specialist advocacy is to ensure the system sees that strength, not just a diagnosis. It’s about protecting your family by ensuring you receive a fair process.

You have rights. And you have the right to have someone by your side who will fight for those rights. You do not have to navigate this complex system alone. Reaching out for specialist support is a courageous and proactive step toward protecting your family and advocating for the fair outcome you and your child deserve.

References:

  • Centre for Applied Disability Research. (2019). Parenting with disability: Know your rights.
  • Women With Disabilities Australia (WWDA). (2020). Position Paper: Violence against Women and Girls with Disability.
  • McConnell, D., & Sigurjónsdóttir, H. B. (2010). Child Abuse & Neglect, 34(1), 45-56.
  • Disability Royal Commission (DRC). (2021). Overview of responses to the Violence, Abuse, Neglect and Exploitation of People with Disability Issues Paper.
  • UN Special Rapporteur on the Rights of Persons with Disabilities. (2017). Report on the right of persons with disabilities to family life.

Call to Action:
If you are a woman with a disability involved in child protection proceedings, our service is here for you. We provide the dedicated, specialist advocacy you need. Contact us today for a confidential, understanding conversation about your situation and how we can help. [Link to contact page]