Child protection policy

Purpose


Published July 2024, previous policy published 2022

Our Child Protection Policy safeguards and promotes the wellbeing of all tamariki
Children (plural) aged 0-13 yearsView the full glossary
1. We recognise that concerns about the safety of tamariki may come up in any aspect of our work.  

This kawa
PoliciesView the full glossary
provides guidance for situations where we become concerned about the safety and/or wellbeing of a child or rangatahi
Young person aged 14 – 21 years of ageView the full glossary
. It outlines how we will respond to instances of: 

  • suspected neglect or abuse of a child or rangatahi
  • disclosure of abuse or neglect made by a child or rangatahi
  • when we are worried about something that has been said by, or about, a child.

This kawa applies to all employees and contractors working for Aroturuki Tamariki. Managers are responsible for ensuring their team understand and adhere to this kawa. 

The scope of this kawa includes disclosures that indicate suspected abuse or neglect that require a report of concern to Oranga Tamariki, and/or the NZ Police and other matters that don’t meet the threshold for reporting but may require further action. 

  • We place the safety and wellbeing of tamariki
    Children (plural) aged 0-13 yearsView the full glossary
    at the centre of decision-making when responding to suspected abuse or neglect.  
  • We promote a culture where all staff feel confident to raise issues of concern.  
  • We are committed to taking required action in a timely way.  
  • We ensure all employees or contractors can identify the signs and symptoms of potential abuse or neglect and are able to take appropriate action.  We provide appropriate training for all new staff members and contractors to ensure this.
  • We are transparent in our child protection process and ensuring it stays up to date and fit for purpose.  

Aroturuki Tamariki
Children (plural) aged 0-13 yearsView the full glossary
has reporting obligations under the Oversight of the Oranga Tamariki System Act 2022 and under the Oversight of the Oranga Tamariki System Regulations 2023:

Section 55, Oversight of the Oranga Tamariki System Act 2022: The Monitor must notify the person (or persons) prescribed by regulations made under section 57(1)(a) if the Monitor becomes aware of any non-compliance with the national care standard regulations or any other matter that places a child or young person in care or custody at immediate risk of suffering, or being likely to suffer, serious harm.

Regulation 5, Oversight of the Oranga Tamariki System Regulations 2023: 

(1) For the purposes of section 55 of the Act, the Monitor must notify the following persons if they become aware of any non-compliance with national care standards regulations or any other matter that places a child or young person in care or custody at immediate risk of suffering, or being likely to suffer, serious harm:

(a) the chief executive of Oranga Tamariki; and

(b) a constable.

See section 14AA of the Oranga Tamariki Act 1989 which provides that a child or young person suffers, or is likely to suffer, serious harm—

(a) in the circumstances described in subsection (1) of that section; or

(b) having regard to the circumstances in subsection (2) of that section.

The indicators of potential abuse or neglect2 may be physical or behavioural:

  • Physical indicators relate to a child’s physical condition, including bruises or burns.
  • Behavioural indicators include a child cringing or flinching if touched unexpectedly, or a caregiver constantly calling a child ‘stupid’ or ‘dumb’.  Indicators can be displayed by the child or by the alleged abuser.
  • A child talking about things that indicate abuse (an allegation or disclosure).

In many cases, indicators are found in combinations or clusters. Indicators do not necessarily prove a child has been harmed. They are clues that alert us that abuse may have occurred or is likely to occur, and that a child may require help or protection. Sometimes, indicators can result from life events that do not involve abuse, for example divorce, accidental injury or the arrival of a new sibling.

The main thing is that you take notice and act. If you are worried about a child’s safety:

Trust your instincts: If you sense something is happening for the child or rangatahi
Young person aged 14 – 21 years of ageView the full glossary
, trust your instincts and do not be afraid of getting it wrong.

Spot the warning signs: Familiarise yourself with the indicators talked about in this policy.

Listen: Take notice and listen carefully to what is being said. Disclosures by children are often subtle and need to be handled with particular care, including an awareness of the child’s cultural identity and how that affects interpretation of their behaviour and language.

Reassure: Let the person know that they are not in trouble, and that they have done the right thing. If the person is visibly distressed, provide appropriate reassurance.  Do not make promises that can’t be kept, e.g. “I will keep you safe now”. If the disclosure has been made by a child, do not ask questions beyond open prompts for them to continue.

Seek advice: Talk to the responsible manager (e.g. the visit manager) as soon as possible to determine next steps, and  

  1. If the child is in immediate danger, contact the Police immediately.
  2. If the child is not in immediate danger, re-involve the child in the planned activities and explain what you are going to do next.

Record: What was said or what you observed as soon as possible at the end of the contact. The earlier you do this, the fresher your memory of what occurred will be. You must follow the confidentiality and information sharing guidance outlined below.

Consider: Think about how you keep the child at the centre of this process and informed about the actions being taken both immediately, and as actions are progressed. This applies whether the disclosure was made by the child or by someone else.

Under this kawa
PoliciesView the full glossary
, we have three potential pathways to follow when determining our response to a concern. The pathway we follow is determined after consultation with the responsible manager.  

The pathways are when: 

  • a child is in immediate danger (e.g. disclosure of abuse within current household)
  • a child is not in immediate danger (e.g. allegations of abuse or neglect about a person/s who does not have regular contact with the child)
  • we have worries that need to be brought to the attention of the relevant local site or agency (e.g. disclosure of harmful behaviours such as self-harm or bullying at school) that do not require a report of concern to Oranga Tamariki or contact with Police 

Determine whether the information meets the threshold of requiring a report of concern or if it is information that needs to be provided to the agency working with the child or rangatahi
Young person aged 14 – 21 years of ageView the full glossary
. If a child or rangatahi is already in care (either care and protection or youth justice, then their social worker/agency needs to also be informed).

Pathway 1 – You believe a child is in immediate danger and a Report of Concern is required

Steps for recording and notifying alleged child abuse or neglect when you believe the child is in immediate danger: 

  1. Contact the responsible Manager 

    1. Immediately discuss your initial concerns with the responsible manager (e.g. the visit manager) to determine next steps. If you are unable to contact the responsible manager, contact another manager to progress.

    2. The responsible manager (or their delegate) is to immediately advise the Chief Monitor of the disclosure or concerns.

    3. The responsible manager (or their delegate) must:

      • record relevant de-identified information of the disclosure in the Child Protected Disclosure tab of the Referral and Complaints register

      • allocate the next unique identifier number (e.g., 24-CPD-001) from the register (link above) to the disclosure

      • create a folder with the same unique identifier number in the Child Protection Matters folder

      • save all related information within the folder.

    4. Determine who will take the actions below and agree timeframes. 

  2. Contact the Police

    1. If the child is in immediate danger contact the Police as soon as possible on the same day that the disclosure was made. Contact the Police on 111 and identify yourself as from the Independent Children’s Monitor.
  3. Notify Oranga Tamariki and/or an Approved Organisation

    1. Notify the Oranga Tamariki National Contact Centre on the same day the disclosure was made. Call the Contact Centre on 0508 326 459 and relay the details of the disclosure, and that the Police have also been contacted.

    2. Once you have called, email the details of the disclosure, including the time that you called and who you spoke with, to the external monitoring team at Oranga Tamariki, and the Aroturuki Tamariki
      Children (plural) aged 0-13 yearsView the full glossary
      regional manager (if this is not the responsible manager). Mark the email as SENSITIVE.

      If the concern arose during a monitoring visit the responsible manager must contact the relevant agency the same working day and advise of the disclosure and the action taken.

    3. The responsible manager must also inform the person who supported the engagement with the tamariki or rangatahi on the same working day. Advise them of the concerns and the action taken. It may be that the connector is the first person you talk with as they may have been present or near at the time of the disclosure.

  4. Recording and storing the information

    • As soon as possible, the person who heard the disclosure must formally record in writing what happened or what was said using our Concerns for a child or young person form. This is a living record and must be added to as any further actions are taken. Make sure you record:

    • anything said by the child

    • the date, time, location, who else was present and the names of anyone that may be relevant

    • the factual concerns or observations that have led to the concern of abuse or neglect (e.g. any physical, behavioural or developmental concerns)

    • any action taken at the time by Aroturuki Tamariki - this can include any internal hui
      Meeting, gatheringView the full glossary
      or conversations to discuss steps

    • if you deemed the child to be in immediate danger and called the Police, record this and what their action was

    • A record of any related discussions after the disclosure, (including copies of correspondence, where appropriate).

    • A record of any people or agencies that were contacted and advised of the concern (e.g., Oranga Tamariki social worker, relationship manager, connector).

    • A record of any advice received (including copies of correspondence, where appropriate).
      The action taken by any relevant organisation/s including any rationale.
      any other information that may be relevant.

    • Give this record to the responsible manager who will save the form in the unique folder in the Child Protection Matters folder.

    • The responsible manager stores all documentation relating to a disclosure in the unique folder in the Child Protection Matters folder.

    • Once the information is saved, all files and emails must be fully deleted off laptops. Files must be uploaded as outlined above and deleted from laptops within 24 hours of the National Contact Centre being contacted.

The following information must be recorded and stored:

The responsible manager records when all of the above steps have been completed and our reporting obligations have been met in the Referral and Complaints register, at which point the disclosure status can be changed from In Progress to Closed.

Pathway 2 – You think a child is NOT in immediate danger but a Report of Concern is required

Steps for recording and notifying child abuse or neglect when you believe the child is not in immediate danger: 

  1. Decision-making 

    1. Discuss your initial concerns with the responsible manager (e.g. the visit manager) as soon as you can to determine next steps. If you are unable to contact the responsible manager, contact another manager to progress.

    2. The responsible manager (or their delegate) is to advise the Chief Monitor of the concerns. In some circumstances, more information may be required before determining whether a report of concern, or contacting Police is required. If the child is safe and not at immediate risk of harm, the responsible manager and Chief Monitor discuss what additional information or action is required to support making the decision to make a report of concern. Once the decision is made, the report of concern must be made as soon as possible and within 48 hours of the decision.

    3. The responsible manager (or their delegate) must:

      1. record relevant de-identified information of the disclosure in the Child Protected Disclosure tab of the Referral and Complaints register

      2. allocate the next unique identifier number (e.g., 24-CPD-001) from the above register to the disclosure

      3. create a folder with the same unique identifier number in the Child Protection Matters folder

      4. save all related information within the folder.

    4. Determine who will take the actions below and agree timeframes.
  2. Recording and storing information

    • The responsible manager stores all documentation relating to a disclosure in the unique folder in the Child Protection Matters folder.

    •  Once the information is saved, all files and emails must be deleted off laptops. Files must be uploaded as outlined above and deleted from laptops within 24 hours of the National Contact Centre being contacted.

      The following information must be recorded and stored:

      • the record of the concern (including the Police casefile number if the Police were contacted)

      • a record of any related discussions after the disclosure, (including copies of correspondence, where appropriate)

      • a record of any people or agencies that were contacted and advised of the concern (e.g., Oranga Tamariki social worker, relationship manager, connector)

      • a record of any advice received (including copies of correspondence, where appropriate)

      • the action taken by any relevant organisation/s including any rationale.

        The responsible manager records when all of the above steps have been completed and our reporting obligations have been met in the Referral and Complaints register, at which point the disclosure status can be changed from In Progress to Closed.

  3. Notifying Oranga Tamariki 

    1. The Oranga Tamariki National Contact Centre must be contacted as soon as possible and within 48 hours if there is a belief that a child has been or is likely to be at risk of abuse or neglect. Email the contact centre using the online form on the Oranga Tamariki website.

    2. Copy the external monitoring team Oranga Tamariki into the email to the contact centre.

      If the concern arose during a monitoring visit the responsible manager must contact the relevant agency relationship manager the same working day and advise of the disclosure and any action taken.

    3. The responsible manager must also advise the person who supported the engagement with the tamariki or rangatahi on the same working day. Advise them of the concerns and the action taken. It may be that the connector is the first person we talk with as they may have been present or near at the time of the disclosure.

  4. Notifying the Police 

Discuss with the responsible manager whether to contact the Police as well as Oranga Tamariki, or whether the decision to refer to Police best sits with Oranga Tamariki. You must notify Police where you have reason to believe that actions or behaviour that may constitute a criminal offence have taken place. When advising Oranga Tamariki of the concerns, also include that the Police have been told of the concerns.

The responsible manager must record the casefile number generated on the Concerns for a child or young person form.

Pathway 3: When you have worries that do not require a Report of Concern or informing Police 

For example, when you hear concerns of self-harm, instances of bullying at school, or that a child has no clothing.

  1. Decision-making and actions to consider

    1. Discuss your initial concerns with the responsible manager (e.g. the visit manager) to determine next steps.

    2. The responsible manager is to advise the Chief Monitor of the concerns. More information may be required before determining whether a report of concern is required and what next steps are taken. The responsible manager and Chief Monitor discuss what additional information or action is required to support this decision making. If you determine a Report of Concern is required, follow pathway 1 or 2 above as applicable.

    3. The responsible manager must:

      1. record relevant de-identified information of the disclosure in the Child Protected Disclosure tab of the Referral and Complaints register 
      2. allocate the next unique identifier number (e.g., 24-CPD-001) from the above register to the disclosure
      3. creating a folder with the same unique identifier number in the Child Protection Matters folder
      4. save all related information within the folder.
    4. Determine which of the actions below to progress, who is responsible for each action and agree timeframes.

  2. Recording and storing information

    1. As soon as possible, the person who heard the disclosure must formally record in writing what happened or what was said using our Concerns for a child or young person form. This is a living record and must be added to as any further actions are taken. Make sure you record:

      • anything said by the child

      • the date, time, location, who else was present and the names of anyone that may be relevant

      • the factual concerns or observations that have led to the suspicion of abuse or neglect (e.g. any physical, behavioural or developmental concerns)

      • any action taken at the time by Aroturuki Tamariki- this can include any internal hui or conversations to discuss steps

      • any other information that may be relevant.

    2. Give this record to the responsible manager who will save the form in the unique folder created in the Child Protection Matters folder.

      1. The responsible manager must store all documentation relating to a disclosure in the unique folder in the Child Protection Matters folder.

      2. Once the information is saved, all files and emails must be deleted off laptops. Files must be uploaded as outline above and deleted from laptops within 5 working days of the disclosure being made.

    3. The following information must be recorded and stored:

      • the record of the concern

      • a record of any related discussions after the disclosure, (including copies of correspondence, where appropriate)

      • a record of any people or agencies that were contacted and advised of the concern if any (e.g., Oranga Tamariki social worker, relationship manager, connector)

      • a record of any advice received if any (including copies of correspondence, where appropriate)

      • the action taken by any relevant organisation/s including any rationale if any.

        The responsible manager records when all of the above steps have been completed and our reporting obligations have been met in the Referral and Complaints register, at which point the disclosure status can be changed from In Progress to Closed.

  3. Advising Oranga Tamariki/ Agency

    1. The responsible manager and Chief Monitor must determine who the concerns will be raised with:

      • the Oranga Tamariki social worker and/or site manager and/ or

      • the connector and / or

      • give the social worker/site manager, or connector a written summary of the concerns.

    2. The responsible manager must also contact the relevant relationship manager/manager of the agency and let them know of the concern within five working days of receiving the information. The external monitoring team must be contacted if the concerns relate to Oranga Tamariki as well as the relevant site.  

    3. The responsible manager must save a copy of any written summary provided in the unique folder in the Child Protection Matters folder.

    4. In some circumstances, the responsible manager and/or Chief Monitor may decide not to inform anyone. If this is the case, the rationale for this decision must be recorded and saved in the same folder.

Definitions3 of terms used for the purpose of this kawa
PoliciesView the full glossary
are outlined below.

Child Abuse 
Defined in the Oranga Tamariki Act 1989 as the “the harming (whether physically, emotionally, or sexually), ill-treatment, abuse, neglect or deprivation of any child or young person.”

Child/children 
For the purpose of this kawa, any child/children under the age of 18 years who are not married or in a civil union.

Disclosure 
Information given to the Monitor’s staff by the child in relation to abuse or neglect.

Emotional Abuse 

Any act or omission that results in adverse or impaired psychological, social, intellectual and emotional functioning or development.

It can include a pattern of criticising, rejecting, degrading, ignoring, isolating, corrupting, exploiting and terrorising a child. It may result from exposure to family violence or involvement in illegal or anti-social activities.

Emotional abuse is almost always present when other forms of abuse occur.

Neglect 
Neglect is the most common form of abuse and although the effects may not be as obvious as physical abuse, it is just as serious. 
Neglect may be: 

  • physical – failure to provide necessary basic needs of food, shelter or warm clothing
  • medical – failure to seek, obtain or follow through with medical care for the child or young person
  • abandonment – leaving a child or young person in any situation without arranging necessary care for them and with no intention of returning
  • neglectful supervision – failure to provide developmentally appropriate or legally required supervision
  • emotional – failure to provide comfort, attention and love
  • educational – allowing chronic truancy, failure to enrol in education or inattention to education needs.

Physical Abuse
Physical abuse includes any acts that may result in physical harm to a child or young person. It can be, but is not limited to punching, beating, kicking, shaking, biting, burning or throwing the child.  

Sexual Abuse
Sexual abuse includes any acts that involve forcing or enticing a child to take part in sexual activities, whether or not they are aware of what is happening. Sexual abuse can be, but is not limited to:

  • Contact abuse: touching breasts, genital/anal fondling, masturbation, oral sex, penetrative or non-penetrative contact with the anus or genitals, encouraging the child to perform such acts on the perpetrator or another, involvement of the child in activities for the purposes of pornography or prostitution.

Non-contact abuse: exhibitionism, voyeurism, exposure to pornographic or sexual imagery, inappropriate photography or depictions of sexual or suggestive behaviours or comments

When a child makes a disclosure, or we are concerned that a child may be subject to abuse or neglect information must be recorded accurately and promptly on our Concerns for a child or young person form.

Identifying information is not removed –our usual approach is that all information recorded by us is de-identified. An exception to this is where we have concerns for someone, or a serious crime has been committed. In these circumstances we must discuss this with the person we have heard the information from and advise them what information will be retained for the purposes of raising a concern, when it is safe to do so.

We follow our privacy principles to ensure that only selected staff, who need access to information about disclosures or suspected abuse, can access it. We follow our Information Rules and Code of Ethics in how we collect, handle and share information related to disclosures.

When we provide information to external agencies (for example, Police or Oranga Tamariki), the information is limited to what is necessary to address the risk of harm. Read more about our privacy policies here.

For further information on identifying and reporting serious concerns see Oranga Tamariki - Working Together Guide (2021).

1 This child protection policy is required under Children's Act 2014 and has been drafted in accordance with the Children's Action Plan guidelines

2 Indicators have been sourced from the Child Matters website

3 Definitions sourced from the Child Matters website and the Children's Action Plan.