23 Jun 2023

New monitor promises to be vigilant over Oranga Tamariki

5:43 am on 23 June 2023
Oranga Tamariki Sign

Photo: RNZ / Angus Dreaver

The head of the government agency that is taking over monitoring of Oranga Tamariki from the Children's Commissioner insists it will do a thorough and transparent job.

Critics of the controversial change pushed through by government feared shifting oversight of Oranga Tamariki away from an independent Crown entity to a government agency would make it harder to expose problems.

Police and Oranga Tamariki are investigating two staff for sexual misconduct toward mokopuna. Allegations in one case came to light after a team from the Children's Commission made an unannounced visit to a youth justice residence last week.

Independent Children's Monitor chief executive Arran Jones said, however, it would work together with the new Children and Young People's Commission and the ombudsman.

"There are a range of views around what's best for the system and I understand where they're coming from, but we're committed to working with what we've got.

"In terms of independence, we're independent of all the agencies that we monitor. And also, we have some protections in our legislation that protect us from interference from government."

For instance, all the monitor's reports were published in full and reported to Parliament, and ministers did not have the power to comment on drafts, he said.

The monitor's office was set up three-and-a-half years ago as a business unit within the Ministry of Social Development, overseeing children in state care.

Under its new expanded role which takes effect on 1 July, it has statutory responsibility to monitor the broader Oranga Tamariki system, including health, education, housing, policing and any other services and support.

"It's about looking at what's working well and what's getting in the way of achieving good outcomes."

The new regime - the Oversight of the Oranga Tamariki System Act - actually meant more "eyes and ears" in residences, he said.

"This is because the Children's Commissioner/Children and Young People's Commission has retained the responsibility to monitor residences under the Optional Protocol on the Convention against Torture (OPCAT) and will continue with its programme of planned and unplanned visits.

"In addition, with the Independent Children's Monitor monitoring the wider Oranga Tamariki system, we will also be visiting residences to listen to rangatahi and staff as part of our community monitoring visits.

"And so I would look to the Children's Commission to hold us to account and if they felt our reports were not being fair and straight down the line and could be relied upon and trusted, then I would expect them to be calling us out."

The Ombudsman will be responsible for receiving and acting on complaints to do with Oranga Tamariki.

Jones said all three organisations would share information so children did not slip between the cracks.

"It's really important that kids and families with concerns know who they should go to, so we've been working with the Children's Commissioner and the Ombudsman for a while to make sure we have a 'no wrong door approach'."

The monitor had already passed on information to the Ombudsman to investigate, he said.

"If we were to hear of inappropriate behaviour occurring, like the Children's Commission did in one of these cases, we would notify the chief executive of Oranga Tamariki, and in a case where the child was in immediate danger, we would also immediately advise the police."

In addition, the Children and Young People's Commission would continue to report and make recommendations to Oranga Tamariki following their visits to residences.

The Independent Children's Monitor, which became an independent departmental agency on 1 May, was "hosted" by the Education Review Office, which provided some back-office services such as IT, payroll and finance.

However, it was independent of it, he said.

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