Our Child Protection 1. We recognise that concerns about the safety of tamariki may come up in any aspect of our work, including monitoring activities.
fulfils our commitment to encourage a culture that always safeguards and promotes the wellbeing ofThis kawa provides guidance for situations where we become concerned about the safety and/or wellbeing of a child or
. It outlines how we will respond to instances of: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.
This 2
will be published on our websiteThis kawa will be reviewed every three years3, or earlier if there is a specific change to either legislation or the Monitor's policy.
Definitions4 of terms used for the purpose of this 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.
The effects of this form of abuse are not always immediate or visible. The long-lasting effects of emotional abuse may only become evident as a child becomes older and begins to show difficult or disturbing behaviours or symptoms.
Neglect
Neglect is a pattern of behaviour which occurs over a period of time and results in impaired functioning or development of a child or young person. It is the failure to provide for a child’s basic needs.
Neglect may be:
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. Physical abuse may also result from excessive or inappropriate discipline or violence within the family and is considered abuse regardless of whether or not it was intended to hurt the child. Physical abuse may be the result of a single episode or of a series of episodes.
Injuries to a child may vary in severity and range from minor bruising, burns, welts or bite marks, major fractures of the long bones or skull, to its most extreme form, the death of a child.
Sexual Abuse
Sexual abuse includes acts or behaviours where an adult, older or more powerful person uses a child or young person for a sexual purpose. While it may involve a stranger, most sexual abuse is perpetrated by someone the child knows and trusts.
It 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 includes, but is not limited to, any touching for sexual purpose, fondling of breasts, buttocks, genitals, oral sex, sexual intercourse, an adult exposing themselves to the child or young person, or seeking to have a child touch them for a sexual purpose. It also includes non-contact abuse, such as voyeurism, photographing children or young people inappropriately, involving the child or young person in pornographic activities or prostitution or using the internet and phone to initiate sexual conversations with children or young people.
The link between family violence5 and child abuse
The emotional, psychological and physical wellbeing of can be impacted when they're exposed to family violence. Given the link between family violence and child abuse, it is also important we understand the definition of family violence and its application under the Family Violence Act 2018. Disclosure of family violence may also reveal an adult at risk – discuss this with your manager if this is the case.
Family violence has been defined by the NZ Family Violence Clearinghouse6 as violence and abuse against any person whom that person is, or has been, in a domestic relationship with. This can include sibling against sibling, child against adult, adult against child and violence by an intimate partner against the other partner.
It is also beneficial to be aware of the definition of psychological abuse under the Family Violence Act 2018:
The indicators of potential abuse or neglect7 may be physical or behavioural.
In many cases, indicators are found in combinations or clusters. Indicators do not necessarily prove that a child has been harmed. They are clues that alert us that abuse may have occurred 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.
Aroturuki
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:
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—
The main thing is that you take notice and act. If you are worried about a child's safety:
Under this
, we have three potential pathways to follow when determining our response to a concern. The pathway we follow will be determined after consultation with the visit manager.The pathways are when:
Sometimes during a conversation, with either a child or an adult, we may hear some information that is of concern. If you hear something that worries you, once the conversation has ended, contact your manager to discuss your concerns. If your concerns are raised during a monitoring visit, contact the visit monitoring manager.
Follow the indicators in this kawa to help determine whether the concerns are a report of concern or information that needs to be provided to the agency providing the care of the child or young person as well as the agency who may have custody, if they are different. Once a decision is made as to the course of action, follow the steps in the tables below.
After consulting with the manager and there is a belief the child is in immediate danger, contact the Police. We make sure the child knows what is happening and why, and that they are with a safe person while this is happening. Where there is a Connector for an engagement, let them know what steps you are taking. A report of concern is also required to be made to Oranga Tamariki.
We are obligated to notify Police and Oranga Tamariki if we make a report of concern about a child in care however, now we monitor across the whole Oranga Tamariki Act we may hear disclosures or concerns about children who are not in care. When a disclosure or concern is about a child who is not in care, discuss with the visit Manager the appropriate pathway:
If it is a report of concern, discuss with the visit Manager whether to notify the Police and Oranga Tamariki directly, or if the decision to refer to Police sits better with Oranga Tamariki.
When a child makes a disclosure, or we are concerned that a child may be subject to abuse or neglect, it is important that any information is recorded accurately and promptly on our Concerns for a child or young person form. It is also important that any additional information is kept secure in SharePoint.
Confidentiality and information sharing
We follow our privacy principles to ensure that only selected staff, who need access to documentation relating to disclosures or suspected abuse, can access them. 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), we do so by sharing the minimum amount of information necessary to address the risk of harm. Read more about our privacy policies here.
If we make a report of concern and are not advised of the outcome by Oranga Tamariki, we may choose to follow this up. The Policy, Practice and Performance team member assigned the report of concern will contact the Oranga Tamariki relationship manager.
For further information on identifying and reporting serious concerns see Oranga Tamariki - Working Together Guide (2021) (PDF 2.1MB)
Steps for recording and notifying child abuse or neglect when you believe the child is in immediate danger:
The PPP team member notifies the Oranga Tamariki National Contact Centre on the same working day that they Police were contacted.
Phone Oranga Tamariki: 0508 326 459
If the concern arose during monitoring visits the visit manager will contact the relevant agency relationship manager/manager as a matter of urgency (the same working day) and advise of the concern and any action taken.
The visit manager also advises the person who supported the engagement with the tamariki or
on the same working day. Advise them of the concerns and what action we have taken. Which staff member/s contacts this person is determined during step 1 (decision making). 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.Decision-making
Recording
Formally record in writing what happened or what was said as soon as you can after the conversation. This is a living record and will be added to as any further actions are taken. Make sure you record the following.
Share this record with the visit manager and the PPP team member who will update relevant details (e.g., dates and status) on the [Referral and Complaints register] against the unique identifier number. For privacy reasons, only relevant de-identified information is to be recorded on the register.
Notifying Oranga Tamariki and/or an Approved Organisation and the Police
The PPP team member is to notify the Oranga Tamariki National Contact Centre within 48 hours if there is a belief that a child has been or is likely to be at risk of abuse or neglect.
If the child is in care, the PPP team member must also notify a constable of the NZ Police. This is done by completing an on-line 105 incident report.
In rare circumstances, more information may be required before determining whether a report of concern is required. If the child is safe and not at immediate risk of harm, discuss with the Chief Monitor what additional information or action may be required to support making the decision to make a report of concern. Once the decision is made, the report of concern must be made within 48 hours of the decision. The people responsible for contacting the National Contact Centre and the Police are the visit manager alongside the person/s present during the disclosure.
Phone Oranga Tamariki: 0508 326 459
If the concern arose during monitoring visits the visit manager will contact the relevant agency relationship manager/manager as a matter of urgency (the same working day) and advise of the concern and any action taken.
The visit manager also advises the person who supported the engagement with the tamariki or
on the same working day. Advise them of the concerns and what action we have taken. Which staff member/s contacts this person is determined during step 1 (decision making). 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.Storing relevant information
We store all documentation relating to a disclosure in SharePoint, and we delete all the files off our laptops once documents have been uploaded. Files will be uploaded to SharePoint and deleted from laptops within 24 hours of the National Contact Centre being contacted. As the SharePoint folder is only accessible to selected staff members for privacy reasons, documentation will need to be stored in SharePoint by the visit manager. The following information must be recorded and stored:
The PPP team member records on the Referral register when our reporting obligations have been met and the process is considered closed.
For example, when we hear concerns of self-harm, instances of bullying at school, or that a child has no clothing.
Decision-making and actions to consider
Recording
Formally record in writing what happened or what was said as soon as you can after the conversation. This is a living record and will be added to as any further actions are taken. Make sure you record the following:
Share this record with the visit manager and the PPP team member who will update relevant details (e.g., dates and status) on the [Referral and Complaints register] against the unique identifier number. For privacy reasons, only relevant de-identified information is to be recorded on the register.
Advising Oranga Tamariki/ Agency national office
If we have decided it is appropriate to discuss concerns with the social worker and/or site manager in Step One, the PPP team member will contact the relevant relationship manager/manager of the agency and let them know of the concern and action taken. This will occur within five working days.
Storing relevant information
We store all documentation relating to a concern in Objective, and we delete all the files off our laptops once documents have been uploaded. Files will be uploaded to SharePoint and deleted from laptops within 24 hours of any external parties (e.g., agency social worker or a connector) being advised in writing of the concern. As the SharePoint folder is only accessible to selected staff members for privacy reasons, documentation will need to be stored in SharePoint by the visit manager. The following information must be recorded and stored:
The PPP team member records on the Referral register when our reporting obligations have been met and the process is considered closed.