Experiences of Care in Aotearoa 2022/2023 - Rangatiratanga

Research shows that empowering tamariki
Children (plural) aged 0-13 yearsView the full glossary
and rangatahi
Young person aged 14 – 21 years of ageView the full glossary
to be experts in their own lives has a positive impact on them and that wellbeing is improved by a sense of having a voice, perspective and opinions that are heard and respected.

When rangatiratanga is achieved, tamariki, rangatahi, and their whānau
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
, are involved, empowered, and supported to become self-determining and leaders of their own lives.

Under the NCS Regulations
(National Care Standards and Related Matters) Regulations 2018 View the full glossary
, the views of tamariki, rangatahi, whānau and caregivers should be considered in needs assessment and planning. The NCS Regulations also require information to be provided and explained to tamariki and rangatahi in care in a way that is appropriate to their age, development, language and any disability. This includes information on their rights, and how they can provide feedback or make a complaint. In relation to support to transition to independence, the NCS Regulations require that an assessment of life skills is undertaken, and that if required, support is provided to develop necessary life skills for independent living.

Over the past three years, we have heard mixed experiences of tamariki
Children (plural) aged 0-13 yearsView the full glossary
, rangatahi
Young person aged 14 – 21 years of ageView the full glossary
, whānau
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
and caregivers being involved in key decisions. Oranga Tamariki data shows a high level of compliance compared to some other measures, yet this is not reflected, to the same degree, in what we hear in our community visits.

Across the three years, we have reported that not all tamariki and rangatahi know their rights or how to make a complaint. A key finding in our 2021/2022 report was that, in order to express their opinions, be involved in decisions, and share concerns, tamariki and rangatahi need to know their rights. Oranga Tamariki has told us about work it has done to improve these areas, including with VOYCE Whakarongo Mai, but we continue to hear from tamariki and rangatahi that they need more clarity and information on this.

Complaints from tamariki and rangatahi to Oranga Tamariki have remained low, sitting at around 16 each year, and complaints from whānau continue to make up the majority of complaints. Grievances raised by tamariki and rangatahi in residences decreased this year.

Involvement in all care transitions and planning also remains mixed. Rangatiratanga is enhanced when there is good communication with tamariki and rangatahi and they feel their voices are heard. Tamariki and rangatahi who are not involved in decisions about their care transitions, or feel they are not heard, told us this makes them feel frustrated and disappointed.

Many whānau told us they do not feel heard by Oranga Tamariki and that they feel their voices or views don’t matter to Oranga Tamariki. Caregivers also raised concerns that the voices of tamariki and rangatahi were not always heard by Oranga Tamariki, and they felt they needed to speak up on behalf of the tamariki and rangatahi in their care. In addition, caregivers have told us over several years that they feel excluded from decision making, despite feeling like they know the tamariki and rangatahi in their care better than others.

Although it is a requirement of the NCS Regulations
(National Care Standards and Related Matters) Regulations 2018 View the full glossary
, fewer rangatahi had an assessment of their life skills as part of their transition to adulthood, decreasing from 50 percent in 2020/2021, to 43 percent in 2021/2022, and to 38 percent this year. While more rangatahi were offered a referral to transition support services (up to 71 percent), we’re hearing that referrals are often coming too late. Fewer rangatahi had a transition plan developed, down from 54 percent in 2021/2022 to 48 percent this year.

Taking account of the views of tamariki
Children (plural) aged 0-13 yearsView the full glossary
and rangatahi
Young person aged 14 – 21 years of ageView the full glossary
and their whānau
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

Oranga Tamariki lead indicator: Tamariki views

N/A2020/2021

85%2021/2022

86%2022/2023

This measure of whether tamariki and rangatahi views have been identified and considered in their assessments or plans, has remained unchanged over the two years Oranga Tamariki has had data available.

Oranga Tamariki lead indicator: Family/whānau views

N/A2020/2021

81%2021/2022

84%2022/2023

This is a measure of whether family/whānau views have been identified and considered in the assessments or plans of their tamariki and rangatahi.

Wishes and aspirations

not measured2020/2021

65%2021/2022

73%2022/2023

This measures whether tamariki and rangatahi wishes and aspirations were identified in the most recent Tuituia and/or other holistic assessment. Wishes and aspirations are measured separately from the views of tamariki and rangatahi.

Transition to adulthood measures

Life skills assessment

50%2020/2021

43%2021/2022

38%2022/2023

This measures whether rangatahi transitioning to adulthood had an assessment made of their life skills. This assessment informs a transition plan detailing what support or services the rangatahi need to help them prepare to transition to adulthood outside of care.

Referral to Transition Support Services

65% offered 59% referred - 2020/2021

69% offered 60% referred - 2021/2022

71% offered 64% referred - 2022/2023

This measure shows how many eligible rangatahi1 were offered the opportunity to be referred to the Transition Support Service and how many accepted the offer and were referred. Oranga Tamariki established the Transition Support Service in 2019 to assist rangatahi to move into adulthood.

Complaints from tamariki and rangatahi

142020/2021

162021/2022

162022/2023

Oranga Tamariki received 16 complaints from tamariki and rangatahi this year, which is the same as in 2021/2022. Later in this chapter we note that we continue to hear that tamariki and rangatahi in care do not routinely understand their rights. This raises the question of whether this may be impacting on their ability to voice complaints.

41 working days The median time to resolve complaints from tamariki and rangatahi was 41 working days. The target is 35 working days.

Grievances from secure residences

For context, in 2022/2023, 471 rangatahi spent time in a youth justice residence and 34 tamariki and rangatahi spent time a care and protection residence between July 2022 and March 2023.

Grievances from youth justice residences

2322020/2021

3592021/2022

195(July 2022 – March 2023 only) 2022/2023

Grievances from care and protection residences

1542020/2021

1252021/2022

62 (July 2022 – March 2023 only) 2022/2023

In our 2020/2021 report, we found that some tamariki
Children (plural) aged 0-13 yearsView the full glossary
and rangatahi
Young person aged 14 – 21 years of ageView the full glossary
that we spoke with do not know and understand their rights. In response, Oranga Tamariki told us it is strengthening the feedback and complaints system through Manaaki Kōrero
Conversation or discussionView the full glossary
; a joint project with VOYCE Whakarongo Mai. It also told us it had updated the ‘My Rights My Voice’ resources and had introduced a new practice framework which places the rights of tamariki and whānau
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
at the heart of social work practice.

Further to this, in our 2021/2022 report, we noted that Oranga Tamariki advised it was taking steps to improve the grievance process, which is how tamariki and rangatahi in residences make complaints, including:

  • improving the language and accessibility of tools and resources

  • developing multiple mechanisms to support tamariki and rangatahi to make a complaint

  • teaching how to make a complaint as a social skill

  • improving investigation standards and training for kaimahi

  • increasing the profile of advocacy services.

These changes were intended to address concerns raised in our 2020/2021 report that tamariki and rangatahi in residences need to ask residence kaimahi for a form to make a grievance. This requirement can make tamariki and rangatahi reluctant to make a grievance, as those same kaimahi manage the day-to-day living arrangements of the tamariki and rangatahi, including whether and when they can leave the residence, have visitors, and make phone calls. We have not heard anything about these changes being implemented, but in response to the independent review of secure residences in 2023, Oranga Tamariki noted that it was piloting new ways for rangatahi to lodge a grievance in three residences.

In our 2021/2022 report, we noted we continued to hear that tamariki and rangatahi in care did not understand their rights. In response, Oranga Tamariki told us it was continuing to work closely with VOYCE Whakarongo Mai and was still progressing the Manaaki Kōrero project. In response to our request for information for this report, Oranga Tamariki also told us that it had again reviewed and updated the ‘My Rights My Voice’ booklet, this time to incorporate an increased te ao Māori
The Māori worldView the full glossary
lens, include a focus on other trusted adults and not just Oranga Tamariki social workers, and to use more tamariki- centred language. In addition, Oranga Tamariki told us it is developing new practice tools and resources to support its kaimahi to engage with tamariki and rangatahi, including a focus on upholding tamariki and rangatahi rights to be part of decision-making, and it is disseminating these resources to kaimahi through webinars.

Oranga Tamariki also told us it is trying to improve the feedback service by making complaint information more visible on its website, making complaints and claims information available in pamphlets, providing training sessions with senior managers, and reviewing quality assurance measures to enable greater levels of consistency and quality in response to complaints.

Tamariki
Children (plural) aged 0-13 yearsView the full glossary
and rangatahi
Young person aged 14 – 21 years of ageView the full glossary
views in needs assessments and plans

The NCS Regulations
(National Care Standards and Related Matters) Regulations 2018 View the full glossary
require the views of tamariki or rangatahi to be taken into account in their needs assessment and in the development of their plan, and that tamariki and rangatahi must be provided with a copy of their plan. The data from Oranga Tamariki shows 86 percent of assessments or plans identified and considered the views of the tamariki or rangatahi. While some of the experiences we heard from tamariki and rangatahi aligned with this, most did not.

Some tamariki and rangatahi we spoke with said that they had been asked questions by their social worker but didn’t know that their views were being included in their plan, or that a plan existed. Oranga Tamariki could not provide any data to indicate whether or how often plans had been discussed with the tamariki and rangatahi in care.

A few tamariki and rangatahi discussed positive experiences around their All About Me Plans. Those who discussed positive experiences of their plan said that they participated in creating their plan, or had their social worker or caregiver discuss it with them to some extent.

“I have a voice in the plan! You can see it and hear it – I just received the first plan and it was great – I broke down, like is this really happening? I actually have a plan that recognises me. I have built a relationship with her and she is the only one in Oranga Tamariki that has earned my trust.”

Overall, in our discussions with tamariki and rangatahi, we found that non-disabled tamariki and rangatahi were more likely to discuss having an All About Me Plan. We also heard from disabled tamariki and rangatahi that they did not have, or were not aware of having, an All About Me Plan.

Caregivers continued to tell us how important it was for them to be able to speak up, be heard and advocate on behalf of the tamariki and rangatahi in their care. When asked whether the tamariki or rangatahi in their care were supported to talk for themselves and be involved in things that concern them, like the development of their plans, a whānau
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
caregiver told us:

“Nothing. Nothing no plan. No nothing. They never come in and sit down and get to know one kid. They’ve [Oranga Tamariki] never done that … never even asked them how they’re feeling. Never visit them at school or ring up see how the kids are going … never … So yeah, their voices don’t look like nothing. I’m their voice. If they need something I do it when they’re too afraid to speak … I speak for them.”

When explaining how it ensures the voices of tamariki and rangatahi are heard, Oranga Tamariki told us about positive collaboration with VOYCE Whakarongo Mai. We were told that this often involved regular meetings to discuss the needs of tamariki and rangatahi in their rohe (region). A couple of Oranga Tamariki kaimahi also mentioned that VOYCE Whakarongo Mai helps keep Oranga Tamariki “accountable”, especially if tamariki or rangatahi have not been allocated a social worker.

Care partner staff highlighted different channels and ways that tamariki and rangatahi in their care can share their thoughts and have a say, noting “it’s not a one-way street”. One iwi
TribeView the full glossary
social services kaimahi described an application (app) their agency created and implemented for tamariki and rangatahi to use their voice:

“Recently we built an app – there’s a QR code in the whare - for their voice, they can send a message, they can read about their rights, nominate one of the staff if they think they’ve been doing a great job. All the ones with a smart phone can access that. We’ve had it about three months now. Concerted effort to give them a voice. How to make sure every child has someone to make a fuss about something or to be heard. It doesn’t have to go through their team or the manager, their voice can rise above that whenever they want.”

“Ko te kai a te rangatira, he kōrero
Conversation or discussionView the full glossary

This is an example about a rangatahi (who we’ll call Cam) living in a community group whare (home) managed by an Oranga Tamariki iwi care partner and demonstrates how rangatiratanga (voice) flourishes when aroha, manaakitanga and whanaungatanga are practiced daily by kaimahi and leadership in a community group whare.

The leadership team and kaimahi expressed their passion for their work supporting rangatahi and how the organisation and whare values of whanaungatanga, kaitiaikitanga, kotahitanga, whakamana and aroha are incorporated in their everyday mahi
WorkView the full glossary
. “We’re big on living with the values. Everyone comes from tikanga
Correct procedure, the customary system of values and practices that have developed over time and are deeply embedded in the social context View the full glossary
, you know, behind these kids it’s their tikanga uplifting our children.” Leadership shared that when hiring they make considered and conscious efforts to ensure they hire the right people. They told us they base their questioning around whether the applicants “love children” not whether they have a qualification. They stressed they provide appropriate training for the mahi “you can’t teach someone how to love a child.”

For Cam, this approach means she felt supported to exercise rangatiratanga, enabling her to identify obstacles that devalue her voice.

We met Cam at the whare where she immediately welcomed and made us comfortable by offering a hot drink and chatting with us before the mihimihi (introductions). She presented as a friendly, confident, and well-spoken teenager who was visibly at home with kaimahi and leadership present. Cam told us that, although now living elsewhere, she is considered part of the whare whānau and told us kaimahi have included her in their own whānau events, stating “…that experience made me feel like I’m family.”

Kaimahi and leadership told us they focus on building relationships with the rangatahi, for example sitting with them when they are eating and “taking the time” to talk to them about their day, normal everyday interactions. The kaimahi reiterated it was important for them to treat the rangatahi like their mokopuna (grandchildren), nieces and nephews, again linking that to “aroha”. The sense of aroha, the genuine relationship of care between the kaimahi, leadership and rangatahi was evident and clearly influenced and supported Cam’s growth, wellbeing, and confidence. Kaimahi noted how confidently she greeted us and that previously this would have raised her anxiety levels, especially with a new group of people.

Cam has been in Oranga Tamariki care for a few years and has moved through care placements and whare in the area. At the time of meeting Cam, she has been in a stable care placement for a few months. Leadership acknowledged that this is a significant step for her given her history of sabotaging placements to return to the whare. They told us “If this placement is working well, it doesn’t work for everyone this place, but it works for her. So why would you move her.” This demonstrates that when agencies engage Cam in the decision- making process around her placement and support that she needs to maintain a placement, it creates positive outcomes.

Cam has experienced instability in care. However, through living at the whare, Cam told us the difference it made to support her to exercise her rangatiratanga. Cam told us she researches entitlements on the Oranga Tamariki website and uses this knowledge to champion her requests with her social worker. Cam shared how she is informed and proactive in the day-to-day and big decisions regarding her education, health, and entitlements. She told us that communication with her social worker is a barrier and shared an example of a missed counselling session. Her social worker didn’t pick her up, and despite calling and texting, Cam had not received a response regarding that session or the status of future sessions.

Cam said she clearly understands the complaints process and regularly makes complaints; however, she said she persistently feels unheard. She told us that she is uncertain whether her complaints are actioned, stating “… they look at me and see me as a know it all … they say ‘ok we will deal with you’” adding that she isn’t informed of the status of her complaints. Cam told us that the whare kaimahi and leadership continue to support and advocate for her with Oranga Tamariki to ensure the actions in her plan are being met. Despite being unheard by Oranga Tamariki, Cam’s journey shows how her rangatiratanga (voice) was encouraged, nurtured, and empowered through the consistent use of aroha, manaakitanga and whanaungatanga in the daily practice of the whare, kaimahi and leadership.

Whānau want to be more involved in decisions about their tamariki

Consistent with key findings for rangatiratanga in our previous reports, we continued to hear this year that many whānau experienced not feeling listened to, not having a say in decisions, and that they felt their complaints or concerns were not heard.

A significant theme this year was a lack of dedicated support within the system to enable whānau voices to be heard. Unlike tamariki and rangatahi, who have VOYCE Whakarongo Mai, and caregivers who have Caring Families Aotearoa
New ZealandView the full glossary
, there is no independent body that advocates for whānau with tamariki in care.

Whānau discussed a lack of support in sharing their voice, and an absence of whānau advocacy in the system. Whānau expressed how this made them feel dismissed or neglected by the system and professionals. For example, a whānau member spoke of not being listened to by Oranga Tamariki when requesting services or supports that are rooted in a te ao Māori
The Māori worldView the full glossary
perspective and spoke of being put in a system that did not work for their rangatahi. They referred to being “divorced” from te ao Māori and being forced into a “white system” that lacked cultural competency to work with tamariki and rangatahi Māori.

Whānau told us there is a lack of communication and support for them from social workers, that they often feel judged and discriminated against, that assumptions are made about them, and that their viewpoints are misrepresented or lied about. Some whānau told us their voice was not listened to at important hui
Meeting, gatheringView the full glossary
(meetings), they weren’t kept informed of decisions, and their input into decisions was not valued. For example, a mother told us:

“Oranga Tamariki had a Family Group Conference and did not invite me, they were cutting me out. They made a plan, it all crumbled and had nothing from me. You can’t hold, can’t have a Family Group Conference without his mum there. They [Oranga Tamariki] made all these plans, there was so much going on between services the social worker, lawyer and all these people. I phoned them and I said I want to be part of the plan. They said they left a message on my phone but I did not get it.”

Data from Oranga Tamariki also shows that consultation with parents and legal guardians on health and education matters is similar this year to previous years. Overall, consultation on health matters remained higher at 81 percent of the time compared with consultation on education matters occurring 71 percent of the time.

In addition, there was less consultation with whānau when planning for a care transition, decreasing from 94 percent in 2021/2022 to 86 percent this year. The NCS Regulations require that the views of family and whānau and important members of their hapū
Sub-tribeView the full glossary
, iwi or family group are taken into account in the development of plans for tamariki and rangatahi, including transition plans.

A frustration voiced by some whānau was they did not have a say in seeing their tamariki despite doing the programmes and plans that Oranga Tamariki had asked of them. As one parent said:

“I had been doing what they had asked. I thought I was going to a meeting that they were going to tell me how to get my kids but then it was a meeting where I was not getting my kids back. It was sprung on me like that. I thought my auntie was there to support me but she was there to tell me I was not getting my kids back and that was the last time I heard from Oranga Tamariki or my auntie.”

“[staff member] was not around for that time. Her baby was sick so I did not have anyone to call on.”

“They [Oranga Tamariki] set me up to fail. Asked things of me I could not do. I looked like an idiot trying to, doing the things I couldn’t but I still tried.”

Other whānau told us they feel a lack of empathy and a power imbalance between them and Oranga Tamariki. There were repeated references to “how to talk to these people” and a feeling that there is a language they need to learn to be heard and taken seriously by Oranga Tamariki. As one whānau member told us:

“…I want to learn how to talk to these people [Oranga Tamariki] so they understand me. Let me be the leader. No one cares about me more than me. No one cares about my children more than me.”

We also heard that the lack of consistency in support that whānau receive in navigating the care system can exacerbate inequity for whānau Māori who have disengaged with the oranga tamariki system and processes. We heard that sometimes iwi services step in to do this role despite not being funded to do so. A kaimahi from a kaupapa Māori service told us of the benefit to whānau of providing Poutiaki ā-whānau to support them to navigate the system, but said that Crown agencies also needed Pou roles to support whānau engagement and whānau voice.

Although we heard that this lack of support was a barrier, we also heard some examples of what good practice looks like, with whānau being included in hui and involved in and informed of decisions around their tamariki and rangatahi. When asked if they were part of the planning, one whānau told us:

“Definitely. I don’t have the mana
Prestige, authority, control, power, influence, status, spiritual power, charismaView the full glossary
to say this is what’s going to happen – but I have the mana to be part of what’s happening – to find the clear path.”

Similarly, a father we spoke with recalled that the social worker had called him to ask permission for his son to have his hair cut. This was a positive experience for him, and he was surprised that he was involved in this decision.

Some Oranga Tamariki kaimahi also told us that they work closely with community agencies to find support for whānau participation – including local iwi, interpreters, and lawyers, allowing whānau to attend multi-agency hui with support. Whānau also discussed how having a professional they trusted who could walk alongside them and advocate for them helped them feel listened to and valued.

In addition, NGOs
Non-government organisationsView the full glossary
told us that it was important that they were invited to attend Family Group Conferences, as this enabled them to advocate and support tamariki, rangatahi and whānau decisions and participation, with everyone working together.

Involving caregivers in decisions

The NCS Regulations require consultation with those who have particular knowledge and expertise relevant to the tamariki or rangatahi, and specifically lists caregivers as an example of who may be consulted. Case file analysis from Oranga Tamariki suggests that this year consultation with caregivers as part of needs assessments was evident in 92 percent of cases, up from 86 percent in 2021/2022, however this does not reconcile with the experiences we heard from caregivers in our community visits.

Some caregivers spoke of not being included in plans, hui and care decisions, despite feeling like they knew the tamariki and rangatahi in their care the best. A few caregivers told us how they are not asked for their opinion or if they are, their input isn’t respected and there is no power in their voice. This reinforces what we heard in 2021/2022 and aligns with themes outlined in the chapter on Manaakitanga around the level of caregivers who felt valued or respected.

Involving tamariki and rangatahi in decisions about their care

The NCS Regulations say that a care transition plan should be developed in consultation with the tamariki or rangatahi concerned, that information about the prospective placement should be provided to them in advance of the transition date, and that ideally, there is an opportunity for the tamariki or rangatahi to visit the new placement before the transition.

Oranga Tamariki kaimahi told us they try to offer young people a choice of where they will be placed, and also mentioned they have different ways they can support rangatahi voice in a residential setting. They told us how important it was to hear rangatahi and whānau “if we don’t do that, we are setting them [up] to fail“. However, Oranga Tamariki is not currently collecting data to support this.

Although we heard several examples where tamariki and rangatahi did not feel their voices were heard, data from Oranga Tamariki indicates there has been an increase in consultation with tamariki and rangatahi as part of planning for a care transition, from 78 percent in 2021/2022 to 91 percent this year. We note, however, that these figures refer to those tamariki and rangatahi for whom Oranga Tamariki found “there was evidence of planning to support a successful transition”, which is 85 percent of all planned transitions (planned transitions account for 45 percent of all transitions). Discussion on planning for care transitions more broadly is set out in the chapter on Aroha.

This year we continued to hear tamariki and rangatahi sharing a mix of positive and negative experiences of involvement in decisions about their care placement. Some of the tamariki and rangatahi spoke about not feeling included in planning or decision-making during the care placement process. The tamariki and rangatahi implied that they felt powerless, and that they were losing trust towards the adults involved in the situation.

Other tamariki and rangatahi discussed trying to make their voices heard during the transition planning process, but that they were ignored. Examples included Oranga Tamariki initially trying to organise a transition back to whānau but then halting the process without the rangatahi knowing why, with the rangatahi telling us it felt like Oranga Tamariki “just wasted my time”. Others said they had social workers or other kaimahi who had simply said “no” to their wishes about where they wanted to live. We also heard from some tamariki and rangatahi that they were given little to no information about outcomes of their transition plan or placement decisions made through Family Group Conferences. They talked about being told at the last minute about moving, creating situations of sudden change.

A few tamariki and rangatahi talked positively about their involvement in the transition planning process. Their experiences were positive because they were able to make choices about where they lived. They felt like they had a voice in the process and were consulted regularly on what was happening. Their choices were respected and supported. Positive experiences rangatahi told us about were:

“When I moved in with Dad, I got asked quite a lot if I actually wanted to.”

“I was in another residence, but they transferred me here because I asked to come here to be closer to my family because I didn’t know anyone in the South Island.”

One rangatahi mentioned that although they were not involved in decision making around their transition into a group home, their social worker gave them plenty of advance notice and checked if they were ready to move, which made it a positive experience for them.

Some kaimahi talked about the challenge of ensuring tamariki, rangatahi and whānau voice is heard in a court setting. They said the Remand Option Investigation Tool (ROIT) contained input from rangatahi, whānau, Police, Oranga Tamariki, and an assessment board, but was not always well used:

“You could consider it a condensed format of a young person’s voice and what’s available to them to put forward. In the heat of the court process, it can get a bit lost and doesn’t get the attention it should.”

Involving disabled tamariki and rangatahi in decisions about their care

Some disabled tamariki and rangatahi told us that they are not given any information about the outcomes of decisions on where they will live, and that they feel disappointed and frustrated when they do not know this information. A disabled rangatahi said that their parent and social worker lied to them about their new placement to ease the moving process:

“It was stressful. They lied to me and told me there was a swimming pool here because they knew I liked pools. I was really angry and disappointed.”

Disabled tamariki and rangatahi also told us they feel that they have no voice in the transition planning process, that their interests and wants are ignored, and some told us that their views would not be considered in decision-making.

“[Caregiver’s name] didn’t get invited [to the Family Group Conference] and then they muted me [Family Group Conference was virtual]. So, I didn’t feel they were talking to me or listening to me, and I wasn’t heard. They lied saying I wanted to go to Palmerston North and that I didn’t like my grandmother, which was wrong. It was the other way around, I do like my grandmother, but I don’t want to move to Palmerston North.”

“They [OT social worker] say it doesn’t matter what I want because I’m the child and they’re the adult. It doesn’t matter because I’m only 14.”

Transition to adulthood services and supports

The NCS regulations require support to be provided to rangatahi transitioning from care to independence, and in particular, that an assessment of life skills is undertaken, and support is provided to help them to develop the life skills required for independence. Within Oranga Tamariki, this process is referred to as transition to adulthood.

The proportion of eligible rangatahi who had an assessment of their life skills as part of their transition to adulthood continues to decline, decreasing from 50 percent in 2020/2021, to 43 percent in 2021/2022, and to 38 percent this year. There was also a drop in the proportion of rangatahi for whom a transition plan had been developed, down from 54 percent in 2021/2022 to 48 percent this year.

Oranga Tamariki policy for rangatahi transitioning to adulthood applies to rangatahi 15- to 18-years of age who have been in care or custody for a continuous period of at least three months. This includes in either a care and protection placement or court wardship; a youth justice residential placement (including remand); Police custody (remand) before turning 18; or under a remand or prison sentence in the adult justice system before turning 18 years of age. The policy sets out the commitments that Oranga Tamariki make to these rangatahi.2

Support for transition to adulthood has a mixed delivery model. Assessment and planning is coordinated by social workers within custody agencies, but rangatahi can be offered referrals to NGOs that are contracted as Transitions Support Service providers, to implement the transition plan. If a rangatahi does not want to be referred to an NGO for this, or if no referral is offered, the responsibility for implementing the transition plan remains with the custody agency. 2022/2023 is the first year of operation of the Transition Support Service after a phased three-year rollout was completed in June 2022.

Oranga Tamariki recently published an updated evaluation of the Transition Support Service.3 The evaluation was based on research carried out over three years from 2019 and included results from qualitative interviews, case studies and a series of annual surveys of rangatahi eligible for Transition Support Services (Just Sayin’ survey). Some findings from the evaluation are similar to our findings from qualitative analysis in 2021/2022 and 2022/2023, in particular:

  • starting preparation and planning for leaving care as early as possible is important

  • the importance of connecting rangatahi to providers who understand their needs (and who can work together with the rangatahi, their social worker and others including whānau)

  • Transition Support Service providers feel not all Oranga Tamariki staff understand entitlements of rangatahi and the process around transition to adulthood well.

Across 2021/2022 and 2022/2023, professionals we spoke to about transition to adulthood were unanimous that it’s important to start the process early, when rangatahi become eligible around 15 years of age, rather than as rangatahi are about to “age out” of the oranga tamariki system. This time is important to establish a trusting relationship between rangatahi and their transition worker, particularly if there was no pre-existing relationship, and to plan and deliver support services. However, many participants from both Oranga Tamariki and NGOs said that referrals to Transition Support Services were often happening “too late”. We heard:

“The process we have set up is gold standard. The outcomes are not gold standard. We are currently doing transition at 17 years due to current volume. Ideally, we should be looking at 15 [years of age].”

Oranga Tamariki data shows that, of those rangatahi eligible for the Transition Support Service in 2022/2023:

  • 71 percent were offered the opportunity to be referred

  • 64 percent accepted the offer

  • 29 percent of rangatahi were not offered the choice to be referred to a Transition Support Service provider.

We heard there was confusion about roles and responsibilities, which may be adding to a failure to implement the service. An Oranga Tamariki regional management team member said that their Transition Support Service providers “don’t know what they should be doing” and that Oranga Tamariki staff “don’t seem to understand the transition to adulthood process particularly well either”. When asked about what happens when rangatahi “age out” without sufficient support or their behavioural needs being addressed, they responded:

“We don’t know. We lose track. Maybe sleeping under a bridge. I worry about them.”

Open Home Foundation regional management team members also discussed varied levels of understanding of the transition to adulthood process among Oranga Tamariki kaimahi and how that impacted how the agencies worked together to support rangatahi in shared care arrangements. Examples included delayed starts to planning for transitions to adulthood and where legal orders lapsed before support orders were established to continue board payments where the rangatahi opted to remain with their foster parents beyond 17 years of age. We note that while a support order is not required, it can be helpful for providing confidence that board payments and other support will continue to be provided.

Oranga Tamariki kaimahi told us they work hard to hear and promote rangatahi voice and gain their input in decisions around transitions to independence. A few kaimahi told us that supporting transition to independence and getting the buy-in of rangatahi was better when there was a dedicated social worker for this process. They said this meant it was easier to ensure rangatahi were heard and address their needs in a timelier manner. Most social workers and other Oranga Tamariki kaimahi said that they were supported by other organisations working specifically in the transition to adulthood space to hear and support transitioning rangatahi. A few mentioned how VOYCE Whakarongo Mai and contracted iwi partners are particularly beneficial for supporting young people’s voices and wishes through the process to independence. However, it was noted that the funding for transition to adulthood is “not great”.

One group of Oranga Tamariki social workers said that funding for transition to adulthood was contingent on rangatahi accepting a referral to a Transition Support Service provider and that “[rangatahi] feel like we are deserting them via our process … they don’t want to work with anyone else”. They went on to say that internal capacity to support transition to adulthood was stretched.

Oranga Tamariki national office clarified that funding for transition support is not contingent on rangatahi accepting a referral, and that rangatahi are entitled to access advice and assistance, including financial assistance, from Oranga Tamariki until their 25th birthday. This is usually provided via the Transition Assistance Helpline, but can also be provided through sites. Furthermore, rangatahi who are not referred to a Transition Support Service provider should be contacted by the Transition Assistance Helpline after they leave care, and up to 21 years of age to maintain contact and to continue to offer support.

A transition worker from an iwi social service provider told us that being separate from Oranga Tamariki is exactly what enables them to work with rangatahi who distrust Oranga Tamariki. They said this increases the chances rangatahi will accept a referral for Transition Support Services and reduces the chances rangatahi will reject support for transition to adulthood outright.

It appears that there is a lack of clarity around the implementation of transition services, and the model is not always centred on what works best for the rangatahi.

Iwi kaimahi working in the transition to adulthood space said there was money set aside in the funding pool for rangatahi to access, but that accessing the funding was so micromanaged and drip-fed out to the young people, it prevented them being able to be truly independent.

“It’s the contract – it is creating dependence.”

The difficulties accessing funding and slow responses meant some rangatahi would just say “nah, I’m not talking to anybody” and lose trust in the process.

While a few agency kaimahi gave examples of the planning and delivery of support for transition to adulthood going well, overall it was more common to identify barriers:

We heard there was a shortage of Transition Support Service providers and/or Oranga Tamariki youth workers who could act as transition workers in some regions. One NGO told us that its funding to provide Transition Support Services was removed from its contract by Oranga Tamariki, who said this was because of underutilisation. The NGO told us that this did not adequately take into account forecast need and they were now reconsidering whether they could continue to provide the service:

“We now have to think hard about whether or not we can do this. It’s not like it’s a random fund. The legislative right is to access support. Very frustrating. No consultation.”

The regional leader from a Māori provider gave examples of tensions working with Oranga Tamariki social workers on transition to adulthood. They gave an example where an incorrectly recorded birthdate led to an attempt to ‘age out of care’ a 16-year-old. They also said that sometimes Oranga Tamariki social workers interfered in transition plans developed by the provider with rangatahi:

“I think it’s crazy that we spend so much money to build them [rangatahi] up and then just pull it away [when they age out]. [Oranga Tamariki] can’t wait to get them out the door fast enough. They [Oranga Tamariki] are just waiting for them to turn 18… One of the [young people] we were [working with] we were told to just put him on a bus. We asked if we could support him by going with him, but they said he has to get used to it [being independent].”

An NGO gave an example of transition to adulthood going well. As they were also a provider of services to adults, they were able to transition a rangatahi from the residence they operated to their supported independent living accommodation.

Tamariki and rangatahi do not always know their rights

We heard again this year that some tamariki and rangatahi can identify trusted adults in their life who they can turn to when they have a problem. Research over many years shows the importance of having a trusted adult to turn to, particularly for tamariki and rangatahi who are vulnerable or have had adverse childhood experiences. However, like previous years, we heard that some tamariki and rangatahi do not know their rights or how to make a complaint if they want to. This links to our 2021/2022 key finding that to support tamariki and rangatahi to express their opinions, be involved in decisions, and share concerns, they need to know their rights. It is also a requirement under the NCS Regulations that tamariki and rangatahi in care are provided with information about their rights in a form appropriate to their age, development, language, and any disability they may have.

Some tamariki and rangatahi told us that their social worker never explained their rights to them. In one case, a young person acknowledged that their social worker had spoken to them about their rights “at the very beginning” but not since. There were similar experiences with explaining how to make a complaint, which we discuss later in this chapter.

Oranga Tamariki care and protection residence kaimahi told us that VOYCE Whakarongo Mai visits regularly, advocates where needed, offers booklets and raises issues with a social worker if needed. Some kaimahi identified that they would like more training on what tamariki and rangatahi rights are in a care and protection residence setting. It is concerning if the kaimahi working in the residences are not aware of tamariki and rangatahi rights.

Complaints process

Management of complaints within Oranga Tamariki is done centrally by the Feedback and Complaints team. When a complaint is received, the team is required to log the issue, acknowledge receipt, and then allocate the matter to the appropriate part of Oranga Tamariki to investigate and address it, which is generally either the relevant site, or the central complaints team.

The complainant is supposed to receive a formal outcome of the complaint investigation by letter or as part of a hui-a-whānau. As part of the outcome, apologies can be offered and, in some cases, options to further address the concerns.4 We heard from tamariki and rangatahi, as well as whānau and caregivers, that for the most part they do not hear back about the outcomes of their complaints. When we raised this with Oranga Tamariki, we were told that its internal quality assurance sampling indicates that 84 percent of complaints had evidence of either a partial or full response to the complaint.

There are also other avenues for complaints, notably the Ombudsman. When the Oversight of Oranga Tamariki System Act 2022 came into effect on 1 May 2023, the Ombudsman’s powers were extended to cover all care and custody providers as well as Oranga Tamariki. This means that on receipt of a complaint, the Ombudsman can require Oranga Tamariki or a care or custody provider to provide information, so the Ombudsman can decide whether an investigation or resolution is appropriate. In our future reports, we will work with the Ombudsman and the Children and Young People’s Commission to consider whether there is additional reporting we can provide around complaints.

Complaints data

Oranga Tamariki advised us that in 2022/2023 it received 1,194 complaints. This is similar to the number of complaints received in 2021/2022 (1,147). The same two key themes as last year are evident: fair treatment (38 percent of issues) and communication (31 percent of issues).5

Oranga Tamariki sets a target of 35 working days to resolve complaints it receives. During 2022/2023, the median time for complaints to be resolved was 60 calendar days (or about 41 working days). This is the first year Oranga Tamariki provided us information on the length of time to resolve complaints. Resolving complaints in a timely way is critical if tamariki, rangatahi and whānau are to have trust and confidence in the process.

Oranga Tamariki could not give us information on the outcome of complaints and solutions. This is despite telling us last year that it intends to be able to capture information on actions relating to recommendations following the complaint findings. We have again asked Oranga Tamariki when this information will be available.

Complaints from tamariki and rangatahi are low

This year Oranga Tamariki received 16 complaints from tamariki and rangatahi (not including grievances from those in secure residences), which is the same number it received in 2021/2022. Like last year, the themes they raised were primarily around fair treatment, communication, and care issues.

In our visits, some tamariki and rangatahi discussed not knowing how to make a complaint. A few said that their social worker had never explained how to make one or had explained this to them too long ago. Only a few tamariki and rangatahi discussed knowing the complaints process. One rangatahi who discussed knowing her rights was Cam, from the example outlined earlier in this chapter. Cam told us that she regularly makes complaints, however, this doesn’t reconcile with the small number of complaints identified in the data from Oranga Tamariki. This leads us to question whether all complaints from tamariki and rangatahi in care are recorded, or whether some are treated informally and therefore not captured by the data. We further note that the Chief Ombudsman has identified that he is receiving increased contact from tamariki and rangatahi as part of his role in reviewing complaints related to Oranga Tamariki.

We have previously noted in our reports that other bodies, such as the Ombudsman, have commented that it is difficult to find and navigate through the Oranga Tamariki complaints process.

For tamariki and rangatahi in secure residences, the Oranga Tamariki (Residential Care) Regulations 1996 require that tamariki and rangatahi in residences have access to a complaints process that is safe and accessible. Within Oranga Tamariki, this process is known as Whāia Te Māramatanga, or the grievance process.

Between 1 July 2022 and 30 March 2023, there were 195 grievances made by rangatahi in youth justice residences, and 62 grievances made by tamariki and rangatahi in care and protection residences. After investigating the grievances, Oranga Tamariki recorded that 39 percent of the grievances in youth justice residences were justified, and 66 percent of the grievances in care and protection residences were justified. In youth justice residences, the most prevalent reason for grievances was “general – other” and “staff – other”. In care and protection residences, the most prevalent reason for grievances to be lodged was “staff - other”.

Most complaints come from whānau of tamariki and rangatahi

The largest number of complaints Oranga Tamariki received was from whānau of tamariki and rangatahi in care, at 947 complaints. This was slightly more than 2021/2022 when 898 complaints were made by whānau. Of these, 13 complaints related to youth justice. The primary themes across all complaints from whānau were around fair treatment and communication.

Although whānau are the largest group of complainants, we continued to hear from whānau this year that there is a lack of support around making complaints. Some were unsure of how to make a complaint and noted that the process is difficult to navigate unless you know the system and who to go to for help. Whānau also spoke of being aware they had rights, but not knowing what they were.

Caregivers told us of mixed experiences with making complaints

This year Oranga Tamariki received 107 complaints from caregivers. The primary themes align with those of other groups around fair treatment and communication.

In our monitoring, many caregivers expressed that the complaints process was not-fit-for-purpose, with the process being difficult to navigate or that they received no response from Oranga Tamariki. However, some caregivers spoke of positive experiences when making a complaint or expressing their concerns.

“The social worker we got when we wrote a complaint – we had a phone call asking about our complaint – she actually did something about it.”

A few professionals and members of the public made complaints

Complaints from professionals to Oranga Tamariki in the last year sat at 45, down from 57 in 2021/2022, and also were around the themes of communication and fair treatment. Oranga Tamariki defines professionals as education or health professionals, lawyers and other professionals involved in the lives of tamariki and rangatahi.

This year Oranga Tamariki received 62 complaints from the general public. These were also around the same themes of fair treatment and communication.

There is regional variation

The lowest number of complaints relative to the regional count of tamariki and rangatahi in care came from South Auckland, while the highest number of complaints relative to the number of tamariki and rangatahi in care was in the Upper South Region, which covers Nelson, Tasman and the West Coast of the South Island. Across all regions, fair treatment was the most prevalent theme, followed by communication.

The Ombudsman saw an increase in complaints about Oranga Tamariki

This year the Chief Ombudsman received 731 complaints and enquiries about Oranga Tamariki, which is a 53 percent increase from last year. The Chief Ombudsman noted that he continues to see an increase in tamariki, rangatahi, and caregivers contacting him directly about their experience in the Oranga Tamariki system. He further noted that many concerns are the result of inadequate kōrero and planning from Oranga Tamariki, and that he has recommended resolutions for this, including that Oranga Tamariki provide meaningful kanohi ki te kanohi (face-to-face) apologies and hui that provide complainants with a full understanding of Oranga Tamariki acts and decisions.6

Taking account of the views of tamariki
Children (plural) aged 0-13 yearsView the full glossary
and rangatahi
Young person aged 14 – 21 years of ageView the full glossary
and whānau
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

Needs assessments
Views of tamariki and rangatahi

83%2021/2022

92%2022/2023

Views of whānau

64%2021/2022

64%2022/2023

Planning
Views of tamariki and rangatahi

70%2021/2022

83%2022/2023

Views of whānau

56%2021/2022

52%2022/2023

Open Home Foundation has made an improvement across most measures of taking into account the views of tamariki and rangatahi, when compared with last year.

Open Home Foundation kaimahi told us it was key to do regular visits and involve tamariki
Children (plural) aged 0-13 yearsView the full glossary
and rangatahi
Young person aged 14 – 21 years of ageView the full glossary
in developing their plans. Open Home Foundation kaimahi said they do regular visits, at least one every four weeks, but often more frequently (depending on the needs of the tamariki or rangatahi), to hear what they want and how best to support that.

“We do four weekly visits sometimes weekly or even more it really depends on child, sometimes it’s just about having a chat with them.”

Open Home Foundation also noted that involving whānau
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
in the planning was often very beneficial. They said that sometimes putting the voice of the tamariki or rangatahi first requires “manoeuvring” to keep foster parents and whānau happy; reminding them that this is what the tamariki or rangatahi wants and that is who they are there for.

Open Home Foundation said that it is important that they do what they tell tamariki and rangatahi they will do. This means not making promises they cannot keep, but telling tamariki and rangatahi that they will look into their request and then doing so. Open Home Foundation told us that while some tamariki and rangatahi requests are “not reasonable”, they are “not going to know until we explore that”.

One Open Home Foundation kaimahi described how they hear the voices of tamariki, rangatahi and the whānau in their processes to make sure the real situation for the tamariki, rangatahi and whānau is understood:

“When we do our parenting assessments, we do it quite deep, it’s not just a tick box, because if they [OT] ask us for that, they either want to place the child back, they want to see “where is this child”. We really invest in that; we really hear the voice of the child when we do that. They’re [whānau/tamariki/rangatahi] honest, they will tell us about their real experience.”

Open Home Foundation also told us about resources it uses to help with hearing tamariki voice, including kaimahi laptops to use with tamariki, the “Mind of My Own” app, via text, the three houses resource1, and culturally appropriate resources. They told us that if tamariki have the focus taken off them, they will often open up more. The “Mind of My Own” app is a tool for Open Home Foundation to hear the voices of tamariki and rangatahi in its care. It can be used as a tool to help planning with the social worker but can also be used independently by the tamariki or rangatahi to communicate with their social worker, for instance, to let them know how they are feeling about things.

It can record feelings of safety in different locations (school, caregivers, clubs, etc.), and can also be used to let social workers know if things are not going well, for instance, if the tamariki or rangatahi are experiencing issues with their friends or caregivers.

Rights

Open Home Foundation kaimahi said they actively inform tamariki and rangatahi of their rights, and how to give feedback and make complaints. Some also said they remind tamariki and rangatahi of their rights and discuss the issue with them to see how they could help.

“All our […] kids have ‘my rights my voice’ [resource] – comes with their memory box – when we have a shared care cards – names and numbers – cartoon quite cute – often it is confusing to have another person we have Oranga Tamariki we don’t need another one – as shared care we are just there to make sure they are okay.”

Complaints

Open Home Foundation reported that they have not received any complaints from tamariki or rangatahi in its custody in the year to 30 June 2023.

“We do monthly child sighted visits. We talk with them by themselves ask if there is anything they are worried about. If there are, we can ask them what, and how we can support them to deal with that when the team does a child sided report, which I read. We put it up on our system. Did you ask them this? I have to say most of the time children say no and with complaints we go through the complaints process with them at the start.”

1 These figures are for 15 – 18 year olds and differ from figures Oranga Tamariki published for 15 – 21 year olds.
2 https://practice.orangatamariki.govt.nz/policy/transition-to-adulthood-preparation-assessment-and-planning/
3 Transition Support Service evaluation findings 2022, https://www.orangatamariki.govt.nz/assets/Uploads/About-us/ Research/Latest-research/Transition-Support-Service-evaluation-2022/TSS-Malatest-report.pdf, Published 6 June 2023.
4 https://www.orangatamariki.govt.nz/assets/Uploads/About-us/Information-releases/OIA-responses/Requesting- copies-of-Complaints-Procedures-and-Policies.pdf
5 Complaints could have multiple themes.
6 https://www.ombudsman.parliament.nz/sites/default/files/2023-10/Ombudsman%20Annual%20Report%202022-23. pdf pages 46-47.

1 The Three Houses resource is a visual way to identify strengths, risks and vulnerabilities, and to build a picture of what tamariki
Children (plural) aged 0-13 yearsView the full glossary
and rangatahi
Young person aged 14 – 21 years of ageView the full glossary
, and their whānau
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
or family, would like to see happening in their world — their hopes and dreams.