Chief Ombudsman Peter Boshier has published a report calling for organisation-wide changes to Oranga Tamariki Ministry for Children on a scale "rarely required" of a Government agency.
Warning: this report deals with issues about the care system for children that may be traumatising for some people.
The Children in care: complaints to the Ombudsman 2019–2023 report detailed the types and numbers of complaints to the Ombudsman about Oranga Tamariki from the past four years.
It included emerging themes from the complaints, relevant case studies, and how the Ombudsman resolved issues for complainants and ways to improve the system as a whole.
"I regret to say I cannot yet provide reassurance that Oranga Tamariki's practices and processes are consistently operating as they ought to." the report said.
The report cited detailed measures which Boshier believed Oranga Tamariki should take "to address the issues he has identified and embed good practice".
Boshier said complaints and enquiries continued to increase "year on year," including complaints from tamariki and rangatahi, either directly or through trusted adults.
"Since the request was first made by Parliament for my enhanced focus in 2019, I have dealt with more than 2000 complaints and other enquiries about Oranga Tamariki," he said.
Boshier said important changes have already taken place at Oranga Tamariki over recent years following his investigations, however he said it was "abundantly clear that much more work is required".
"I share the hope of the complainants I spoke to that sharing their stories provides transparency, accountability and an opportunity for Oranga Tamariki and the new Government to really make profound changes to the way the Ministry operates".
The 119-page report detailed thorough recommendations for Oranga Tamariki including an organisation-wide quality improvement plan, ensuring staff understand and apply legislation and policy, better attention to detail and accurate information in decision making, more training and supervision, regular tracking and reporting, and keeping better records overall.
"Following my investigation into complaints from the family of young Malachi Subecz in 2022, I said I would be on the back of Oranga Tamariki every week and I have been.
"Along with my regular meetings with the chief executive, my staff and I are in constant contact with the Ministry regarding complaints and other inquiries to me. This will continue".
'Little consideration' for disabled patients wellbeing
Boshier said his report contained some "extremely distressing stories" including a complaint from a parent whose disabled child was institutionalised against their wishes for a number of years and another involving a disabled mother having her child taken from her at birth.
In 2020 Boshier noted that Oranga Tamariki had a very limited guidance on the needs of disabled parents and that "the rights of disabled parents were not reflected in the overarching practice standards".
Boshier said in his latest report that Oranga Tamariki have agreed to "scope a review of its practices and policies around its involvement with disabled parents."
It is now in the process of implementing a disability strategy.
In 2021, a parent complained to the Ombudsman after they sought Oranga Tamariki's help with their child's complex intellectual, behavioural and physical needs. By the tie of complaint, Oranga Tamariki had custody of the child since 2015.
"Their parent and older sibling sought on a number of occasions in this time, to have them returned to the family, saying they were concerned the rangatahi had been institutionalised against their will," Boshier said.
"The most important consideration in any decision by Oranga Tamariki is the best interests of the child. It was apparent from the evidence I had that Oranga Tamariki did not make enough effort to fully understand the wellbeing of the rangatahi, their best interests or their own wishes".
Boshier formed the opinion that Oranga Tamariki had acted reasonably and in an "improperly discriminatory manner" and made a number of recommendations including a full and meaningful written apology to the parent and amending overarching Practice Standards to ensure full compliance with the Disability Convention.
In another complaint, a disabled woman and another relative complained to the Ombudsman after Oranga Tamariki uplifted her baby following birth because it believed she was unable to safely parent her child.
The Ombudsman formed the opinion the Ministry had "acted unreasonably in its treatment of the child's mother".
He found in the treatment of the mother as a disabled person that "no current information was sought in order to understand and plan for any possible issues."
"Her disability was generalised and treated only as a negative aspect of her parenting ability. She was described inappropriately throughout the file".
"This included the lack of action during and after pregnancy to identify available supports, communication with hospital staff, failure to understand the mother’s strengths as a disabled person and the nature of her disability, and the early decision for a permanent 'home for life' placement.
'We had no voice'
The Ombudsman described the case studies detailled in his report as an "indication of the depth and breadth of the complaints" people make to him.
"In speaking to them ahead of publication of this report, it is clear they are still traumatised and some are now only grieving for what they have lost – be it their tamariki, time, dignity, trust," he said.
One complainant told Boshier: "Today we are still healing. The kids and I have spent the last five years just building, decolonising, separating from the culture of a system that embedded itself and imprinted on us all. We have been rebuilding what was stripped away from us."
Another said: "We had no voice. The Ombudsman gave us a voice and I have so much gratitude for that. I will take it to my grave."
He challenged the new Government is to "drive this change" and to consider the purpose of Oranga Tamariki and "regain the trust it has lost from the people it serves and the wider public".
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