‘Stinging’ criticism of Oranga Tamariki’s ‘failures’ in responding to claims of violence against children

The Ombudsman characterised Boshier’s criticisms of Oranga Tamariki as “stinging”. Photo: RNZ / Samuel Rillstone

The Chief Ombudsman has found a plethora of failures at Oranga Tamariki that meant the ministry didn’t properly investigate reports of violence against preschool and primary school-aged children.

Those failures included Oranga Tamariki repeatedly failing to investigate reports of alleged violence towards the children by their mother’s partner, not taking action despite photographic evidence, and not asking the children for their views about their safety.

“The situation left the children at serious risk and culminated in an alleged attempted kidnapping of one child and the alleged kidnapping of another child who was a relative.”

Peter Boshier, who has already this year expressed concern about the agency, said his latest investigation meant he still didn’t believe Oranga Tamariki was operating in accordance with good administrative practice.

“Since I became Chief Ombudsman, Oranga Tamariki has come to my attention for all the wrong reasons.... Oranga Tamariki still have a long way to go.”

The Ombudsman characterised Boshier’s criticisms of Oranga Tamariki as “stinging”.

The investigation was launched after a relative of the children complained to the Chief Ombudsman that Oranga Tamariki had failed to adequately respond to reports of concerns about the children’s welfare.

Boshier found that between January 2022 and July 2023, the agency received nine reports of concern from seven different parties – family members and professionals – about alleged violent and abusive actions towards the children by the partner of their mother.

“A thorough investigation of these reports was clearly required for the safety of the children but Oranga Tamariki repeatedly failed to do this. When it did investigate, it didn’t investigate properly,” Boshier said.

“The ministry had photographic evidence and corroborative reports from other parties but still took no action.”

Chief Ombudsman Peter Boshier. Photo / NZME

Oranga Tamariki also closed complaints without assessing them properly, incorrectly advised the Family Court that there had been no family harm incidents in more than a year, and didn’t adhere to its own policy on making and monitoring safety plans, Boshier said.

One safety plan that was developed included what Boshier called “inappropriate requirements” that the children take action to ensure their own safety.

“Oranga Tamariki failed to ask the children for their views about their safety and made short-term assessments which did not take into account broader violence risk factors. The situation left the children at serious risk and culminated in an alleged attempted kidnapping of one child and the alleged kidnapping of another child who was a relative.”

Boshier said that during his investigation, Oranga Tamariki told the Ombudsman that a “more robust safety plan” had been developed. After making a follow-up inquiry, the agency said the plan was working well.

However, within a fortnight and after another follow-up inquiry, Boshier said Oranga Tamariki had advised the plan was being reconsidered after a breach had occurred. Three days later, another breach had happened.

“Oranga Tamariki has advised me that the children are now safe and well in their father’s care,” Boshier said.

The Chief Ombudsman came to the conclusion that the agency had “acted unreasonably and contrary to law” in its response to the reports of concern.

Among his recommendations was that Oranga Tamariki undertake an immediate and thorough assessment of the children’s safety, an apology and financial remedy to the complainant for costs they incurred in seeking to ensure the children’s safety through the Family Court, an audit of similar cases, training for staff, and changes to Oranga Tamariki policy and process.

Rachel Leota, Oranga Tamariki’s deputy chief executive of tamariki & whānau services, said the agency acknowledged the findings.

“We accept that we failed to appropriately address and respond to reports of concern regarding the safety of the tamariki in this matter who were brought to our attention by a family member. We have offered an unreserved apology to the complainant both in writing and in person.”

Leota said nine of the Ombudsman’s 10 recommendations had been “actioned and addressed”, including “continued engagement with the whānau to ensure the ongoing safety of the tamariki as well as providing detailed updates to the Ombudsman”.

“We have also undertaken an audit of similar cases, provided additional training for staff, and made changes to our policy and process in relation to reports of concern.

“The final recommendation involves developing and publishing updated initial assessment policy, which will be completed in early 2025. This work is underway, and has already led to improvements being implemented, such as requiring supervisor oversight of all assessment decisions made by the National Contact Centre (NCC).”

Karen Chhour, the Minister for Children, said she had made clear to Oranga Tamariki that it “needs to own this accountability and continue to improve its practice and processes”.

“I would like to see Oranga Tamariki regain the public’s trust, and I think we can get there by making sure they are always able to focus on their number one priority – keeping our children safe.

“This is why I have set Oranga Tamariki Key Performance Indicators, which includes frequency of visits to children in care, timeliness around Reports of Concern, supporting caregivers, improving complaint management and practices, and addressing youth offending.”

Jamie Ensor is a political reporter in the NZ Herald Press Gallery team based at Parliament. He was previously a TV reporter and digital producer in the Newshub Press Gallery office.