Part Four: Supporting tamariki and rangatahi to express their views and speak up when something is wrong

The NCS RegulationsCloseNCS Regulations
(National Care Standards and Related Matters) Regulations 2018 View the full glossary state that Oranga Tamariki must address the safety needs of tamarikiClosetamariki
Children (plural) aged 0-13 yearsView the full glossary and rangatahiCloserangatahi
Young person aged 14 – 21 years of ageView the full glossary in care and respond appropriately to allegations of abuse and neglect.

The final report of the Royal Commission of Inquiry into Abuse in State and faith-based care, Whanaketia, focuses on a period that pre-dates our work¹, but states that more recent experiences of abuse in care highlight “issues relating to institutional environments and practices, standards and safeguarding in care settings, vetting of staff and care workers, complaints processes, and accountability for abuse and neglect”². It also points out that the societal impacts of abuse in care are enduring. These impacts include “inequitable health and education outcomes, higher incarceration rates, intimate partner violence, family and whānauClosewhānau
Whānau refers to people who are biologically linked or share whakapapa. For the Monitor’s monitoring purposes, whānau includes parents, whānau members living with tamariki at the point they have come into care View the full glossary violence, unemployment, homelessness, mental distress, substance misuse and abuse, an overall reduced number of life opportunities, and selfinflicted death”³.

Oranga Tamariki produces an annual Safety of Children in Care report. These successive reports along with, Returning Home from Care⁴, and Oranga Tamariki Secure Residences and a Sample of Community Homes: Independent, External Rapid Review⁵ point to what is needed to reduce the likelihood of abuse or neglect in care. While Oranga Tamariki has stated this is a priority, progress is yet to be seen.

Despite a reduction in the number of tamariki and rangatahi in care, the number of tamariki and rangatahi abused and neglected has slightly increased (with the highest risks in return home care and in residences).

When abuse or neglect does occur, agencies have an obligation to respond in the right way. This includes completing investigations in a timely manner, putting plans in place to keep tamariki and rangatahi safe, and letting them know the outcome of investigations. Oranga Tamariki must also take immediate steps to put things right for those tamariki and rangatahi with a current finding of abuse, to prevent any abuse of today becoming the historic claims of tomorrow.

How allegations of abuse and neglect are addressed is critical for maintaining trust and confidence with tamariki and rangatahi. Similarly, when complaints or grievances are made about care in general, responding in a child-focused and timely way is essential. If the little things are not addressed, tamariki and rangatahi may be less likely to speak up about the big things.

Abuse and neglect of tamarikiClosetamariki
Children (plural) aged 0-13 yearsView the full glossary and rangatahiCloserangatahi
Young person aged 14 – 21 years of ageView the full glossary in care continues to increase

We again heard from most tamariki and rangatahi that they feel safe, but the reality for almost one in ten tamariki and rangatahi in care, is that they have been abused or neglected.

The number of tamariki and rangatahi in care has continued to decrease, yet the number of those in care with a finding of abuse or neglect has increased again this year⁶. Oranga Tamariki told us that the increase is in part explained by its focus on more accurate recordings of harm.

Published as an appendix to the Oranga Tamariki 2023/24 Annual Report, the Safety of Children in Care report shows that Oranga Tamariki received more reports of concern for children in care in 2023/24 than any year previously⁷. Oranga Tamariki attributes these high numbers to “a continued awareness of the need for any harm to be responded to in a focused way”⁸.

Of the reports of concern made for tamariki and rangatahi in care in the 12 months to 30 June 2024, 1,939 were considered allegations of abuse or neglect. An assessment of these allegations by local sites led to 1,753 child and family assessments or investigations.

One hundred and eighty-six allegations were assessed by local sites to not require a child or family assessment or investigation, otherwise referred to as a no further action (NFA) response decision. Oranga Tamariki does weekly reviews of all NFA decisions as part of its quality assurance checks. These reviews found that of the 186 NFA decisions, 34 were later assessed by Oranga Tamariki as inappropriate to be closed incorrectly or needed further work to determine the safety of the tamariki and rangatahi. This amounts to 18 percent of the NFA decisions and is an improvement on last year where 47 percent of NFA decisions were found to be incorrect.

Number of tamariki and rangatahi found to have been abused or neglected in care

12 months to 31 March⁹

4592021/2022 4972022/2023 5072023/2024

In the 12 months to 31 March 2024, 507 tamariki and rangatahi were abused while in Oranga Tamariki care. Physical and emotional abuse remain the most frequent types of abuse.

Number of findings of abuse or neglect of tamariki and rangatahi in care by the type of abuse experienced

12 months to 31 March

Although the number of tamariki and rangatahi abused has continued to increase, fewer tamariki and rangatahi in care were abused more than once this year. In the year to 31 March 2024, 63 percent (317) of tamariki and rangatahi with a finding of abuse had one finding relating to a single incident. Nineteen percent of tamariki and rangatahi had two or more incidents of abuse.

The proportion of abuse in the older age group has incrementally increased each year, according to the Oranga Tamariki Safety of Children in Care report. Seventy six percent of findings of abuse or neglect were for children aged over ten years, with 253 rangatahi abused over the age of 14 years and 36¹⁰ children aged five and under.

There is also a disproportionally higher rate of abuse or neglect occurring for rangatahi and tamariki in secure residences or who return home to live with their parent/s, with a significant increase in the recorded abuse of rangatahi in secure residences over the past three years. This year, 23 percent of tamariki and rangatahi in secure residences had a finding of abuse or neglect. For those who return or remain home while in custody, rates of harm remain high, with 11 percent abused or neglected this year.

Proportion of tamariki and rangatahi abused by care placement

12 months to 31 March

Family placements: Findings of abuse by person alleged to have caused the abuse

1 April 2023 to 31 March 2024¹¹

Non-family placements: Findings of abuse by person alleged to have caused the abuse

1 April 2023 to 31 March 202412

The Oranga Tamariki response to its Safety of Children in Care Annual Report appears to focus on monitoring and support plans for tamariki and rangatahi, and their caregivers. While this may be effective in eliminating abuse in some settings, it does not target the areas where abuse is currently happening at the highest rates – secure residences and return home care. Oranga Tamariki states in its annual report that there is work underway to strengthen residential practice and operations¹³.

From our monitoring, most of the abuse we heard about happened in group homes and youth justice secure residences. It involved kaimahi using excessive force including punches, hits to the head, and rangatahi “getting the bash”. During the 2023/24 reporting period, we made four reports of concern following disclosures. We asked Oranga Tamariki for data on how often tamariki and rangatahi in group homes and residences were visited by their social workers, but this was not able to be provided.

Safety in secure residences

Secure residences provide care for tamariki and rangatahi with care and protection needs as well as rangatahi who have been remanded or sentenced through youth justice proceedings. During this reporting period, 58 tamariki and rangatahi spent time in care and protection residences, and 502 rangatahi in youth justice residences. Over the last year there has been considerable focus on the operation of youth justice residences.

The youth justice population is older than it once was. Legislative change in 2019 means it is possible for rangatahi to be in youth justice residences up to the age of 20 years old. Tamariki and rangatahi placed in residences typically have complex needs and behaviours. For example, the youth justice population is:

• twenty-five percent more likely to have had treatment for mental health challenges than the rest of the care population
• more than twice as likely (than other tamariki and rangatahi in care) to have had over 15 placements, two and a half times more likely to have been treated for drug use, and more than twice as likely to have been suspended from school at least once¹⁴.

Confirmed or suspected mental health or disabilityrelated diagnoses are also high in this group¹⁵.

The United Nations Committee on the Rights of the Child, which examines child rights in AotearoaCloseAotearoa
New ZealandView the full glossary every few years, continues to raise concerns about the safety of tamariki and rangatahi in care. Its most recent recommendations, published in 2023, raises concerns about residences and “allegations that children in secure residential care facilities are often denied the opportunity to have their opinions heard in decisions about their placement, experience injuries from the use of restraints by staff, are subjected to bullying and unsanitary conditions and lack access to a fair and effective complaints procedure”¹⁶.

In September 2023, Oranga Tamariki published a report of its rapid review of Oranga Tamariki residences, overseen by former Police Commissioner Mike Bush. The review had been carried out in response to reports of kaimahi in residences bullying tamariki and rangatahi and forcing them to fight one another. The report states that “safety… is the critical risk that must be managed” and that Oranga Tamariki “needs to further strengthen health and safety culture, accountability and reporting in the secure residences in homes, for both staff and young people”.¹⁷

Oranga Tamariki stated it anticipated an increase in the reporting of harm “since the last [Safety of Children in Care] report as a result of the commitment from the Chief Executive to identify and address all harm occurring in residences”¹⁸.

This year there has been a reported increase in the number of rangatahi physically abused by other rangatahi in residences. The number of findings of abuse by kaimahi in residences has nearly doubled in the last year from 24 to 41. Emotional abuse and neglect by kaimahi include failure to protect rangatahi “from alleged organisational fighting’” and verbal threats from kaimahi. This is in line with the small number of accounts we heard first-hand from tamariki and rangatahi during our regional engagements. Fifteen tamariki between 10 and 13 years of age had a finding of abuse compared to eight in 2023. There was also an increase in those aged 14 years and above from 83 to 103.

Findings of abuse in secure residences, by type of abuse and person alleged to have committed the abuse

1 April 2023 to 31 March 2024¹⁹

While Oranga Tamariki reports that the severity of physical abuse in residences was lower in the twelve months to 31 March 2024 than in previous years, there were still instances of violence that caused rangatahi to lose consciousness and require hospital visits. There were also “some young people… subjected to multiple assaults on several occasions”, and some assaults that “were premeditated group assaults on a targeted young person.”

Since the rapid review, Oranga Tamariki has focused on improving practice. Our engagements at residences this year, along with those of ManaCloseMana
Prestige, authority, control, power, influence, status, spiritual power, charismaView the full glossary Mokopuna - Children and Young People's Commission²⁰, show that there is considerable variation in how residences operate and how rangatahi are cared for. We heard, for example, rangatahi ask to see their site social workers, with some social workers being very proactive however others are unable to be reached and are sometimes not able to physically visit due to budget constraints.

Having a close and trusted relationship with an adult, such as a social worker, is one way of helping to keep rangatahi safe.

We also saw examples of engaged and well-trained staff and strong leadership. We saw that, with the right resources and therapeutic programmes in place, a more positive environment and higher level of care can be created. This shows what is possible.

Safety on returning or remaining home

As set out in our in-depth report, Returning Home from Care²¹, some tamariki and rangatahi live at home while in the custody of Oranga Tamariki.

This year, approximately 14 percent of tamariki and rangatahi in care were living at home. Returning home can be unexpected because of a breakdown in placement, there are no other placement options, or because rangatahi decide to take themselves home. Oranga Tamariki recognises that an unexpected return²² home carries risk of harm, yet the proportion of tamariki and rangatahi unexpectedly returning home has not improved.

Proportion of tamariki and rangatahi returning home that are expected or unexpected²³

Of those tamariki and rangatahi who returned home during the reporting period, just over half did so in a planned way.

Findings of harm by person alleged to cause the harm in return/remain home care

1 April 2023 to 31 March 2024²⁴

Oranga Tamariki reports there has been a reduction in the number of findings of emotional abuse for tamariki and rangatahi who have returned home, but there has been an increase in findings of physical abuse. While there has been a small reduction in the overall number of findings of abuse or neglect, 11 percent of tamariki and rangatahi in return home care were abused or neglected. This is higher than for other care placements, other than secure residences.

Tamariki aged 10 years and older were more likely than younger tamariki to experience harm when returned home, and rangatahi aged 14 years and older were even more likely. Physical abuse was most often at the hands of a parent, and usually in instances where tamariki and rangatahi were living with one parent in a return home arrangement. The abuse was most likely to be “in the form of punches and slaps to the body and head” and in situations where “parents struggled to respond appropriately to their children’s presenting behaviour and needs.”

In our engagements, we heard about parents being unsupported to have their tamariki and rangatahi back in their care.

“[Oranga Tamariki] returning children to birth parents before they are ready to send them back is an issue. We have a teenager being returned, and the younger [child] was returned, and we supported them for that, they were adamant, even though the parents weren’t ready, and therefore it broke down. The emails are very critical of the parents, they weren’t supporting the child, but we said, 'and they said they weren't ready to receive [child] back', but [Oranga Tamariki] said ‘tough, you have taken [child]’. It’s like a double uplift if it fails.” OPEN HOME FOUNDATION KAIMAHI

Despite the known risks, and the findings of our 2023 Returning Home from Care report, tamariki and rangatahi who return home in an unplanned way were less likely to be visited by a social worker, with only 15 percent visited as often as required. This is covered in Part Five of this report.

Oranga Tamariki accepts that a dedicated focus on tamariki and rangatahi who return or remain home, including support for parents, is required. We will continue to report on this as an area of focus to see whether any improvement from Oranga Tamariki results in a reduction of abuse and neglect.

Compliance with the NCS RegulationsCloseNCS Regulations
(National Care Standards and Related Matters) Regulations 2018 View the full glossary when responding to allegations of abuse and neglect

Regulation 69 requires allegations of abuse or neglect to be responded to promptly. It also requires information to be recorded and reported consistently, that tamariki and rangatahi are informed of the outcome (where appropriate), and that appropriate steps are taken in response, including a review of the caregiver’s plan.

To assess itself against Regulation 69, Oranga Tamariki developed 12 practice requirements. Oranga Tamariki data shows 33 percent of tamariki and rangatahi had between 10 and 12 of these practice requirements met. Although this rate of compliance has not changed over the past three years, Oranga Tamariki is making some progress against some of the specific requirements of Regulation 69. Oranga Tamariki has identified improvements in “the number of caregiver support plans in place, and reviews of the caregiver’s support needs being completed following an incident of abuse or neglect. For almost all tamariki, their plan was reviewed and there was evidence of supports put in place to address the impact”.

Although this improvement is positive, significant progress is still required before Oranga Tamariki can consider itself to be compliant with Regulation 69.

When an allegation of abuse or neglect is made, a safety screen is required to assess the immediate safety of the child or rangatahi. The screen determines whether they can safely remain in the placement or require a move. A decision on whether they can return to that placement or home is generally made once the investigation or assessment is complete. There has been another small decrease in the proportion of tamariki and rangatahi receiving a timely initial safety screen (down to 79 percent).

Safety screen completed on time

86%2021/2022 82% 2022/2023 79% 2023/2024

Assessments and investigations completed on time

23%2021/2022 31% 2022/2023 33% 2023/2024

There has been a small improvement in the timeliness of assessments and investigations. There has also been an improvement in:

• the review of tamariki and rangatahi plans after abuse or neglect (up to 92 percent)
• the proportion of tamariki or rangatahi for whom supports have been put in place (up to 90 percent).

For those Tamariki and rangatahi living with caregivers, there has also been a continued improvement in the review of caregiver plans following an allegation of abuse or neglect (up to 69 percent).

Where Oranga Tamariki performance has fallen is in informing tamariki and rangatahi of the outcome of the investigation, if appropriate. This has fallen to 35 percent, from what was already low compliance.

Tamariki informed of outcome

42%2021/2022 42% 2022/2023 35% 2023/2024

While positive that tamariki and rangatahi plans are being reviewed and supports put in place, it is of concern that tamariki and rangatahi are being informed of the outcome of investigations at a lower rate than what was already a low base. As highlighted in Whanaketia, it is essential that when tamariki and rangatahi speak up, and concerns are raised, they are listened to, and know what action is taken. Not having this can result in a loss of trust in those there to protect them, and a reluctance to raise safety concerns in the future.

Tamariki and rangatahi in care must have a voice

Tamariki and rangatahi in care must have a say in decisions affecting them. They must also feel that they can speak up when something is wrong and have confidence that their concerns will be addressed.

There is evidence from our regional engagements, as well as from data, that some tamariki and rangatahi in care understand their rights and the level of care they must receive. There is also evidence that complaints procedures for both Oranga Tamariki and the Office of the Ombudsman, and advocacy services, such as VOYCE Whakarongo Mai, are being utilised. Complaints are being made by tamariki and rangatahi in care, and by others on their behalf. However, the number of recorded complaints made directly by tamariki and rangatahi are low.

Some Tamariki and rangatahi in care understand their rights but don’t feel listened to

As outlined in Part One of this report, tamariki and rangatahi we spoke with this year had mixed experiences of having a say in their care. This is despite data provided by Oranga Tamariki showing that 84 percent of tamariki and rangatahi in care had their views identified and considered during the reporting period.

Although Oranga Tamariki has not carried out its Te Tohu o te Ora child survey since 2022, results from that year show that the majority of tamariki and rangatahi (80 percent) indicated that they get to have a say in important decisions about their life. Three in 10 tamariki and rangatahi said this was “all of the time”, half said “most of the time” and about two in 10 said “not much of the time” or “never”. Oranga Tamariki reported that there were no significant differences by age, gender or ethnicity²⁵.

Despite the Oranga Tamariki assessment of its performance and the 2022 survey, we heard mixed experiences from tamariki and rangatahi we spoke to. While many tamariki and rangatahi know about their plan, most tamariki and rangatahi we spoke with felt they were not involved or listened to when plans were made for them. They felt that decisions were made without them, and that goals or views had been pushed onto them. This included decisions about health and education needs; placement decisions; decisions about recreation or sport; and decisions about whānauClosewhānau
Whānau refers to people who are biologically linked or share whakapapa. For the Monitor’s monitoring purposes, whānau includes parents, whānau members living with tamariki at the point they have come into care View the full glossary connection, such as frequency of contact.

“I don’t like them [Oranga Tamariki]. They make decisions for you, it’s bullshit, put words in your head and change things at the last second. Fucks you off.” RANGATAHI

Some Tamariki and rangatahi who felt they didn’t have a voice in their plan mentioned raising things with their caregiver or an advocate from VOYCE Whakarongo Mai to feed back to their social worker. A few tamariki and rangatahi spoke about advocating for themselves and standing firm on what they would like included in their plan.

“I tell them, ‘it is not your life. It is my plan. It is my life’. I am very firm on what I can. This is my life, my plan.” RANGATAHI

Some Tamariki and rangatahi did speak positively about their involvement in their care. Many of those who did so also said that social workers, youth workers, mentors, VOYCE Whakarongo Mai advocates and other professionals talk with them about their plans.

“Yeah, I had an input [to the FGC], and then I had a plan and they asked if I agreed with it. And I do.” CHILD

“I feel like they [professionals] are all trying to get my voice and proceed with the right information, so they don’t do something that I don’t want to do.” RANGATAHI

Given the mixed experiences we heard in our engagements, it is important for Oranga Tamariki to listen to the voices of tamariki and rangatahi in its care, through both their social workers and at a national level, to improve their care experience as well as their outcomes.

Complaints and grievances processes are being used

An effective complaints system is an important safety valve for tamariki and rangatahi. The Royal Commission of Inquiry into Abuse in State and faith-based care has shown what can happen when tamariki and rangatahi are not listened to. Having processes in place, and being listened to, are important for tamariki and rangatahi so that they can trust the system and know they can speak up about their care.

Oranga Tamariki has a complaints system that includes a formal complaints process for tamariki and rangatahi in care in the community (with whānau caregivers and non-whānau caregivers and in group homes) and a separate grievance process for tamariki and rangatahi in secure residences, as stipulated by the Oranga Tamariki (Residential Care) Regulations. 

During our regional engagements this year, some tamariki, rangatahi and caregivers were asked about speaking up if something was wrong with the care being provided.

The number of complaints from tamariki and rangatahi reported by Oranga Tamariki seems low

Tamariki and rangatahi living with whānau caregivers or non-whānau caregivers, and in group homes, reported mixed knowledge about how to make a complaint. Some did not know how to make a complaint, with one saying they couldn’t remember whether they had ever been told but would check the Oranga Tamariki website if they needed to. Others were confident that they knew who they would talk to if they wanted to raise any concerns.

“If something wasn’t right, I’d probably call [previous Oranga Tamariki social worker] and talk to her. If something is off, or for example, if something with my family is off and I’m concerned, I’ll be like ‘you alright?’” CHILD

Some of the Tamariki and rangatahi we spoke with had exercised their right to complain about their care. A few said that they had been supported by their social worker or someone else from Oranga Tamariki to make a complaint, and a few said that changes had been made because of their complaint. Some also spoke about the support they received from VOYCE Whakarongo Mai to make complaints²⁶.

When we spoke to caregivers and whānau members, we heard mixed accounts of knowing how to make a complaint, and of having their complaints addressed. Some complaints were about shared care partners working with disabled tamariki and rangatahi, rather than directly about Oranga Tamariki. Some whānau members said they were scared of the consequences of making a complaint about the care their tamariki and rangatahi were receiving.

Data from Oranga Tamariki on complaints²⁷ states that 1,251 complaints were made across the reporting period, a slight increase since last year (1,194). Only nine of those complaints were made by tamariki and rangatahi in care (this represents less than 1 percent of the total complaints made). The majority of complaints were made by their parents (58 percent), followed by grandparents and other whānau members, including whānau caregivers (27 percent).

Complaints made to Oranga Tamariki grouped by the person who made the complaint

Tamariki or rangatahi in care

2%2021/2022 2% 2022/2023 <1% 2023/2024

Parent

50%2021/2022 55% 2022/2023 58% 2023/2024

Whānau

28%2021/2022 28% 2022/2023 27%2023/2024

Non-whānau caregiver

8%2021/2022 5% 2022/2023 5%2023/2024

Other/Professional

12%2021/2022 10% 2022/2023 9%2023/2024

Total number of complaints

1,0982021/2022 1,194 2022/2023 1,2512023/2024

The low number of recorded complaints from tamariki and rangatahi – at just nine – is at odds with what we heard from the 170 tamariki and rangatahi we spoke with this year who were in care.

Although only a small number talked about having made a complaint to Oranga Tamariki on their own behalf, this alone represents seven complaints. Extrapolating to the whole care population, we would expect more complaints to have been recorded by Oranga Tamariki. One possibility for the low number of recorded complaints is that issues raised by tamariki and rangatahi in care are being dealt with informally before they become a formal complaint. It’s important that Oranga Tamariki has visibility of all complaints, and that tamariki and rangatahi know that their complaint has been taken seriously. Therefore, we caution against using the low number of recorded complaints from tamariki and rangatahi as an indicator of satisfaction.

About half of the complaints recorded by Oranga Tamariki during the reporting period relate to the issue of fair treatment²⁸. After this, 25 percent of complaints relate to communication.

Positively, Oranga Tamariki has reduced the length of time taken to resolve complaints.

At the close of the reporting period, three quarters of complaints submitted within the period had been recorded as closed. Oranga Tamariki took an average of 56 working days to close a complaint across the 2023/24 year. This is outside the Oranga Tamariki policy timeframe of 35 working days, although the time taken to close complaints decreased markedly during the reporting period, from 75 days (on average) in the first quarter to 25 days in the last quarter.

Some complaints are escalated to the Ombudsman

Tamariki and rangatahi in care or custody can complain directly to the Ombudsman. Those acting on their behalf can escalate complaints to the Ombudsman if they feel that the response from Oranga Tamariki (or another agency approved under s396 of the Oranga Tamariki Act) has been unsatisfactory. During our regional engagements this year, we heard from a few whānau who had escalated their complaints to the Ombudsman.

Data from the Office of the Ombudsman shows that there were 404 complaints made about Oranga Tamariki, and five complaints made about other care and custody agencies, during the reporting period²⁹. The five most common themes of these complaints were issues with Oranga Tamariki social workers or other kaimahi (47), decisions to remove tamariki and rangatahi from care (38), dissatisfaction with the outcome of earlier investigations (31), responses to Reports of Concern (27), and communication and decision-making issues (23 each). Complaints to the Ombudsman about Oranga Tamariki have steadily risen over the past few years.

Ombudsmen Act complaints about Oranga Tamariki

1802021/2022 301 2022/2023 4042023/2024

While we have seen an improvement in the timeliness of response by Oranga Tamariki and an increase in complaints overall, focus is still required on making the complaints process accessible for tamariki, rangatahi and whānau.

Tamariki and rangatahi in secure residences know the grievance process

Secure residences are subject to the NCS Regulations and the Oranga Tamariki (Residential Care) Regulations, which refer to a grievance process rather than a complaints process. For this reason, complaints in residences are known as grievances.

Oranga Tamariki told us that 58 tamariki and rangatahi spent time in care and protection residences and 502 rangatahi spent time in youth justice residences during this reporting period. In all our engagements, tamariki and rangatahi in secure residences told us that they understand their right to raise a grievance and how the process works.

“The staff have to get the form to you before the end of their shift. You fill out a grievance form. If you need to, you can ask for someone to help you fill it out. After you hand it in, you should have an answer within two, three days. After that if you are not happy you can take it higher if you need to.” RANGATAHI

Concerns have been raised by the United Nations Committee on the Rights of the Child about access to “a fair and effective complaints procedure”³⁰ for tamariki and rangatahi in residences. As part of its monitoring of places where tamariki and rangatahi are deprived of liberty³¹, Mana Mokopuna - Children and Young People’s Commission has raised concerns about the grievance process and the culture that inhibits tamariki and rangatahi from speaking up.

“There is a lack of independent complaints processes across all designated facilities. Mokopuna are placed in the position where they must access or address complaints via kaimahi working directly with them. This poses a problem when mokopuna must access the complaint system through kaimahi they may wish to complain about. Complaints are then also managed in-house unless escalated by mokopuna. Mana Mokopuna regularly hears that initiating grievance processes in Youth Justice residences is discouraged by kaimahi and other mokopuna, with complaint forms being labelled as ‘snitch forms’.” ³²

Data from Oranga Tamariki shows that there were 396 grievances raised by tamariki and rangatahi in residences during the reporting period. The majority (270)³³ were in youth justice residences, continuing the trend over the last three years. Although an increase in youth justice grievances was recorded between 2022/23 and 2023/24, the number of grievances is not as high as it was in 2021/22.

Grievances for secure care and protection and youth justice residences

Grievances can be for a range of concerns, from the quality of the food to verbal and physical abuse by other rangatahi and by staff. During the reporting period, the highest proportion of grievances in both youth justice and care and protection residences were raised about kaimahi. Grievances relating to abuse are recorded as reports of concern.

Over the last three years, most grievances in youth justice residences have been found to be unjustified, while most grievances in care and protection residences have been found to be justified.

Positively, of the tamariki and rangatahi who told us they had raised grievances, all but one had heard back with a change for the better.

Grievance panel reports provided to us include instances of tamariki and rangatahi raising grievances and then withdrawing them. Without further information, we cannot tell why these grievances were withdrawn, or whether the concerns raised had been addressed.

Improvements need to continue for tamariki and rangatahi to have a voice

In our 2021/22 Experiences of Care in Aotearoa report, we reported steps that Oranga Tamariki was taking to improve its complaints and grievances processes for tamariki and rangatahi. These include improving the language and accessibility of information about complaints and grievances, developing multiple systems to support tamariki and rangatahi to make complaints, improving investigation standards and kaimahi training, and increasing the profile of advocacy services³⁴. These improvements will make it easier for tamariki and rangatahi to speak up when something is wrong, but other reasons why they may not, such as their safety, must be addressed. Tamariki and rangatahi in care, and particularly rangatahi in residences, must be able to speak up if something is not right without fear of recrimination or of being further bullied.

In addition, social worker visits are important opportunities to check on safety. In our regional engagements we heard that social worker visits drop off once tamariki and rangatahi are placed in residences and group homes. We heard from some managers and team leaders in some homes about Oranga Tamariki social workers not visiting frequently enough, or not at all. We heard that social workers are non-responsive when rangatahi try to get hold of them. Kaimahi shared that once tamariki and rangatahi are settled in homes, social worker visits reduce and then stop all together.

“It feels like they [social workers] come visit a lot in the beginning and then it stops because they know the kids are safe and they focus on their other kids.” ORANGA TAMARIKI GROUP HOME KAIMAHI

1 The Inquiry focused on abuse in State care that occurred between 1950 and 1999.
2 https://www.abuseincare.org.nz/reports/whanaketia/part-9/chapter-5/ (paragraph 234).
3 https://www.abuseincare.org.nz/reports/whanaketia/part-5/chapter-6/ (paragraph 383).
4 Aroturuki TamarikiCloseTamariki
Children (plural) aged 0-13 yearsView the full glossary, Returning Home From Care: An in-depth look at the experiences and practices surrounding tamariki and rangatahiCloserangatahi
Young person aged 14 – 21 years of ageView the full glossary cared for at home by their parent/s while in State custody, August 2023.
5 Debbie Francis and Paul Vlaanderen, Oranga Tamariki Secure Residences and a Sample of Community Homes: Independent, External Rapid Review, September 2023.
6 The Oranga Tamariki Safety of Children in Care Report covers the period 1 April 2023 to 31 March 2024. This report has a reporting period of 1 July 2023 to 30 June 2024.
7 Oranga Tamariki, Appendix C: Safety of Children in Care Annual Report – reporting period 1 April 2023 to 31 March 2024, p.152. https://www.orangatamariki.govt.nz/assets/Uploads/About-us/Corporate-reports/Annual-Report/Annual-Report-2023-2024.pdf
8 ibid.
9 Note that these figures cannot be compared to our previous Experiences of Care in AotearoaCloseAotearoa
New ZealandView the full glossary reports as Oranga Tamariki changed its reporting year from the financial to the tax year.
10 This figure is one fewer than previously published by Oranga Tamariki. Oranga Tamariki provided us with an updated figure after locating an error in its published material.
11 To protect confidentiality of individuals, some categories have been omitted from this graph where they represent only a very small number of tamariki or rangatahi.
12 To protect confidentiality of individuals, some categories have been omitted from this graph where they represent only a very small number of tamariki or rangatahi.
13 Oranga Tamariki annual report 2023-2024, page 21.
14 Debbie Francis and Paul Vlaanderen, Oranga Tamariki Secure Residences and a Sample of Community Homes: Independent, External Rapid Review, September 2023. https://www.orangatamariki.govt.nz/assets/Uploads/About-us/Performance-and-monitoring/Reviewsand-Inquiries/Rapid-residence-review/Secure-residence-review.pdf
15 ibid.
16 United Nations Convention on the Rights of the Child, Concluding observations on the sixth periodic review of
New Zealand (CRC/C/NZL/CO/6), 28 February 2023. https://documents.un.org/doc/undoc/gen/g23/023/44/pdf/
g2302344.pdf
17 Oranga Tamariki Secure Residences and a Sample of Community Homes: Independent, External Rapid Review.
18 Oranga Tamariki, Appendix C: Safety of Children in Care Annual Report – reporting period 1 April 2023 to 31 March 2024, page 166. www.orangatamariki.govt.nz/assets/Uploads/About-us/Corporate-reports/Annual-Report/Annual-Report-2023-2024.pdf
19 To protect confidentiality of individuals, some categories have been omitted from this graph where they represent only a very small number of tamariki or rangatahi.
20 https://www.manamokopuna.org.nz/publications/reports/korowai-manaaki-monitoring-report/
21 Aroturuki Tamariki, Returning Home from Care: An in-depth look at the experiences and practices surrounding tamariki and rangatahi cared for at home by their parent/s while in State custody, August 2023.
22 We have previously referred to ‘unexpected’ care transitions as urgent or unplanned transitions and ‘expected’ care transitions as planned transitions. Oranga Tamariki updated its description of these transitions.
23 Unexpected Return Homes include a small number of cases where it was unclear from case recording if the return home was expected or unexpected.
24 To protect the privacy of individuals, some categories have been omitted from this graph where they represent only a very small number of tamariki or rangatahi.
25 https://www.orangatamariki.govt.nz/assets/Uploads/About-us/Research/Latest-research/Te-Matataki-2023/Te-Matataki-2023_FINAL.pdf
26 VOYCE Whakarongo Mai has told us that 497 tamariki and rangatahi sought its advocacy support during the reporting period. We did not request this information specifically for tamariki and rangatahi in care, and therefore some cases could have involved tamariki and rangatahi who had already left care. However, VOYCE Whakarongo Mai recorded that 21 complaints were supported during the 2023/24 year. Seventeen of these had been resolved by the end of the reporting period (30 June 2024).
27 “Complaints” are made by or for tamariki and rangatahi in care in the community (with whānauClosewhānau
Whānau refers to people who are biologically linked or share whakapapa. For the Monitor’s monitoring purposes, whānau includes parents, whānau members living with tamariki at the point they have come into care View the full glossary caregivers and non-whānau caregivers) and group homes. Secure residences are covered by the Oranga Tamariki (Residential Care) Regulations. This means that tamariki and rangatahi complaints in residences are referred to as “grievances” and are not included in these figures.
28 A single complaint might relate to more than one issue – for example, both fair treatment and communication.
29 This refers to complaints made under the Ombudsmen Act 1975. There were also 43 complaints made under the Official Information Act 1982 in relation to Oranga Tamariki care and custody. A ‘complaint’ is defined as a written expression of dissatisfaction, in respect of which action is sought by the Ombudsman.
30 United Nations Convention on the Rights of the Child, Concluding observations on the sixth periodic review of New Zealand (CRC/C/NZL/CO/6), 28 February 2023. https://documents.un.org/doc/undoc/gen/g23/023/44/pdf/g2302344.pdf
31 ManaCloseMana
Prestige, authority, control, power, influence, status, spiritual power, charismaView the full glossary Mokopuna - Children and Young People’s Commission is a National Preventative Mechanism under the Crimes of Torture Act 1989. OPCAT is the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment.
32 Human Rights Commission, Monitoring places of detention 2022/23: Annual report of activities under the Optional Protocol to the Convention against Torture (OPCAT), September 2024, page 43.
33 In its response to our data request, Oranga Tamariki stated 270 grievances were made by rangatahi in youth justice residences this year. However, in the same response document, only 250 youth justice residence grievances are accounted for in its raw count that breaks down the nature and outcome of grievances made. Therefore, the nature and outcome of these additional 20 grievances is unknown.
34 https://aroturuki.govt.nz/assets/Experiences-of-Care-2021-22-web-version-corrected-March23.pdf