Malachi Subecz was murdered by his carer Michaela Barriball last November, prompting a series of inquiries into his care and the broader child protection system.
Malachi Subecz was murdered by his carer Michaela Barriball last November, prompting a series of inquiries into his care and the broader child protection system.
A review of Malachi Subecz’s care before his death shows a “long list of fatal errors” and confirms that his death was preventable, his family says.
“There is no doubt that Malachi would still be alive if Oranga Tamariki had acted appropriately,” said the uncle and maternal cousin of the 5-year-old, who was murdered by his carer last November.
The damning review of six government agencies found “critical gaps” in New Zealand’s child protection system, which allowed vulnerable children to “become invisible” to them.
Its author, Dame Karen Poutasi, recommended sweeping changes to the child protection, education, welfare and health sectors to create a “hard-wired safety net” and prevent further tragedies.
Malachi’s uncle, who did not want to be named, was cautiously optimistic that his nephew’s “horrific” death would bring about change.
“Malachi is a change angel; his death cannot be in vain,” he said.
Malachi was murdered by his carer Michaela Barriball, who was jailed for a minimum of 17 years in June. He was placed in Barriball’s care by his mother when she was jailed last year.
After his death, the review was commissioned by the Corrections Department, New Zealand Police and the education, children’s, health and social development ministries to identify any gaps in the system and investigate whether more could have been done to protect him.
Children’s Minister Kelvin Davis immediately agreed to most of the report’s recommendations, including greater information-sharing between agencies and public awareness campaigns for the public about child abuse “red flags”.
But he did not commit to the review’s more substantial recommendations: mandatory reporting of child abuse and automatic vetting of caregivers for children whose sole parent has been jailed.
Although he was “truly sorry” for Oranga Tamariki’s failings, he warned against “knee-jerk reactions”. Mandatory reporting had been considered and rejected by three successive governments because of concerns about how it could swamp the system.
“I’d like to look at their reasons for rejecting it and whether those reasons are still valid,” Davis said.
There were already 70,000 reports of concern a year and that could lift to half a million under a mandatory system, he claimed.
Poutasi noted past resistance to a mandatory system, but said jurisdictions in Australia had implemented it successfully.
There came a point when more policies and protocols were not adequate, she said, noting that Malachi’s daycare in Tauranga had a policy of reporting abuse but did not follow it.
“How much longer must families and children wait for a system to understand and effectively use its own policies and procedures?” she said. “We must create the certainty and compulsion to act now.”
Mandatory reporting alone would not be enough, she said, noting that it would need to be accompanied by clear definitions of red flags for child abuse and training for every professional and service provider involved with young people. Uncertainty about the criteria and processes for making a child abuse complaint was central to the failure to intervene in Malachi’s case.
The review, published yesterday, listed a series of encounters with agencies, medical staff, whānau and friends in which chances were missed to intervene and protect Malachi.
At one point, Malachi, his family and Barriball had 14 interactions with six agencies in the space of nine days, some of them on the same day.
When Malachi was placed in the care of his mother’s friend in June last year, the courts had no authority to intervene or even oversee this decision or to alert Oranga Tamariki.
Barriball then contacted the Ministry of Social Development to apply for a parent’s benefit - another instance in which her care for Malachi was brought to the attention of authorities.
The day after she became Malachi’s carer, his cousin made a report of concern to Oranga Tamariki.
This report of concern was closed after Oranga Tamariki received assurances from his mother in prison that she had no concerns. A photo from Facebook that allegedly showed bruising on Malachi was not considered compelling evidence of risk.
Malachi Subecz died just over a year ago. His family said he was a kind, bubbly and cheeky child.
An internal review of Oranga Tamariki’s handling of the report of concern has concluded that it was a mistake to not to investigate more fully, Poutasi’s report said.
Davis revealed today that three senior staff at Oranga Tamariki who were involved in the case no longer worked at the organisation, either leaving of their own accord or going through “employment processes”.
A Department of Corrections probation officer also raised concerns with Oranga Tamariki about Malachi’s care, but a decision that this information should be passed to police never made its way back to the probation officer.
A member of the extended family sought to have Malachi placed in their care through the Family Court, but an expedited hearing date was delayed after Barriball made herself unavailable. Malachi was murdered before it could be rescheduled.
Staff at Malachi’s daycare centre asked Barriball about his injuries and were told he had fallen off his bike. Malachi said this was not the case, and despite later taking pictures of the injuries and having a reporting policy, the centre did not act. Abbey’s Place Childcare Centre has since been closed by the Ministry of Education.
Whānau also noticed burn marks on Malachi’s forehead at a family function, but when they questioned Barriball she falsely said he had seen a doctor about it. She later told members of her family she was worried she would harm him.
Barriball and her father took Malachi to a medical centre for an autism assessment, but she did not mention a serious burn on his abdomen and no physical examination was done.
Poutasi said her recommendations had already been made after inquiries into other children’s deaths, but they had been implemented inconsistently or had fallen away as attention subsided.
“As a society, we cannot continue to allow a cycle of abuse, review, outrage and distress – and then retreat from the difficult challenges.”
Malachi was an only child and spent the first four years of his life in his mother’s care, “where he was loved and well cared for”, the review said.
He was a gentle, kind, and thoughtful child who could be adventurous and charming. He had a special interest in dinosaurs and was learning the te reo names for them.
If you have concerns about the immediate safety of a child, call 111. ? Alternatively, call the police non-emergency reporting line on 105. Or, contact Oranga Tamariki, Ministry for Children on 0508 326 459 for advice or visit the agency’s website for more information.
