The Chief Ombudsman has again issued a stinging criticism of Oranga Tamariki this time over failing to properly investigate reports of assaults and violence against pre-school and primary-aged children.

"It is deeply concerning to me that I find myself yet again in the position of highlighting some very serious concerns about Oranga Tamariki’s processes and procedures. In this case, the Ministry received multiple reports of abuse against pre-school and primary aged children but didn’t treat them with the seriousness they deserved."

Peter Boshier began an investigation after receiving a complaint from a family member of the children about the way Oranga Tamariki responded to reports of concern.

Mr Boshier found that between January 2022 and July 2023, Oranga Tamariki received nine reports of concern from seven different parties regarding alleged violent and abusive actions towards the children by the mother’s partner. The reports of concern came from both family members and professionals.

"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," Mr Boshier says.

"The Ministry had photographic evidence and corroborative reports from other parties but still took no action.

"I found a series of failures by Oranga Tamariki from beginning to end. For instance, it closed complaints without assessing them properly in the initial stages, it incorrectly advised the Family Court that there had been no family harm incidents in a period of more than a year, and it did not adhere to its own policy on making and monitoring safety plans. One safety plan included inappropriate requirements for the children to 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."

During his investigation Mr Boshier advised Oranga Tamariki of his provisional opinion and asked for an urgent interim update on the safety of the children. The Ministry told the Ombudsman it had developed a more robust safety plan.

Mr Boshier made two follow up inquiries. In response to the first inquiry, Oranga Tamariki advised the safety plan was working well. But within a fortnight, after the second inquiry, the Ministry advised that the safety plan was being reconsidered after a breach had occurred. Three days later, there was another breach. The children are now in the care of their father.

Mr Boshier’s final opinion is that Oranga Tamariki acted unreasonably and contrary to law in the way it responded to repeated reports of concern. He made a number of significant recommendations which Oranga Tamariki accepted. This included Oranga Tamariki undertaking 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.

"Oranga Tamariki has advised me that the children are now safe and well in their father’s care," Mr Boshier says.

"Since I became Chief Ombudsman, Oranga Tamariki has come to my attention for all the wrong reasons.

"I published a report earlier this year that outlined some of the cases I’ve dealt with, where system and process failures were common. I said then that I could not provide an assurance that Oranga Tamariki is consistently operating in accordance with good administrative practice. I’m afraid I still can’t provide that reassurance.

"Oranga Tamariki still has a long way to go. I continue to strongly urge the leadership at Oranga Tamariki to prioritise essential improvements and address the fundamental underlying problems. Our children and young people deserve so much better."

Read the case note with outcomes and recommendations: https://www.ombudsman.parliament.nz/resources/failure-oranga-tamariki-investigate-reports-concern-and-complaints

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