Children's Commissioner Dr Claire Achmad. Photo: RNZ / Cole Eastham-Farrelly
The Children's Commissioner is calling for an end to holding children in police cells, saying it puts them at risk of self-harm.
A Christchurch mother is furious her 15-year-old son spent a sixth night being held in a police cell after he was arrested last Thursday.
The boy, who had an extensive criminal history, was charged with burglary after allegedly damaging a property with a group of older teenagers.
RNZ cannot name the teenager or his mother for legal reasons.
He had been remanded in police custody by a judge until his next appearance in the Youth Court later this month, or until there was a suitable secure facility available.
His mother said he was being transferred to an Oranga Tamariki youth justice residence on Wednesday, as a place had become free, but she was furious he had been held in a police cell for so long.
She said he had ADHD and mental health problems and tried to take his life on the first night in custody.
"He's not sleeping, he's not eating, he's just not coping very well in there. His mental health is going down," she said.
"I don't think it should be allowed - that's just not humane for children."
The mother said she was frustrated she was not informed at the time about his self-harm attempt, and she said there had been no urgent referral to mental health services.
She said he had been trying to turn his life around.
"That's not normally him on the outside. Yes, he has gotten himself into trouble but he's been working on getting himself back on the straight and narrow. He's been going to his course, doing all his community work for the previous charges," she said.
"He just decided he wanted to go and hang out with the wrong people, and it had to be the wrong time."
Children's Commissioner Dr Claire Achmad said New Zealand should end the practice of holding minors in police cells.
"Police cells are inherently adult environments so they put children at a greater risk of harm," she said.
"They are often distressing spaces, they are not age-appropriate for children to be in. And time in a police cell, especially a period of days, can lead to children experiencing mental and emotional and physical harm, potentially including a risk of self-harm."
Achmad said over the last few years she had seen a significant increase in the numbers of children being detained in police cells and being held for longer.
"I really want to see government systems investing in more iwi and community-based remand options so children can be in the community while they are awaiting their next Youth Court hearing," she said
Oranga Tamariki deputy chief executive youth justice services and residential care Iain Chapman said when a young person was in police custody, the agency aimed to move them into a suitable alternative as soon as possible.
"Occasionally there are challenges with how quickly an alternative placement is available, or with arrangements to move the child or young person. On these occasions, they may remain in police custody for more than 24 hours," he said.
"This is not what we want to happen, and we monitor these situations closely. Our teams assess, review, and prioritise placements every day, or more frequently when needed."
Young people were visited and supported by Oranga Tamariki social workers while in custody, and the 15-year-old had been visited every day, in addition to safeguarding measures by police, Chapman said.
"There are currently 188 beds available in secure residences across both youth justice and care and protection facilities, and 97 beds available in community homes," he said
"Youth justice residences each have a 'safe operating capacity' ... We have been operating at maximum safe operating capacity from time to time recently."
The boy's mother said this was the second time her son had spent multiple days in police cells - in June he was held for seven days before being transferred to Oranga Tamariki (OT) care.
"Speaking from our experience I don't think it should be allowed. If there are no spaces in OT care he should be released home. I get some youth don't have that privilege," she said.
"We really do not want it to happen to other families that have young people that are struggling."
Canterbury police operations manager Inspector Bryan Buck said police worked closely with Oranga Tamariki in relation to the 15-year-old.
"Under section 238(1)(e) of the Children's and Young People's Well-being Act 1989, where a child or young person appears before the Youth Court, the court shall (if satisfied that suitable facilities for the detention in safe custody of that young person are not available) order the young person be detained in Police custody," he said.
"We work in close partnership with Oranga Tamariki, specialist mental health services, medical professionals, the Courts, legal representatives, as well as other sector agencies, to provide a supportive and safe environment that prioritises the well-being of young people during their time in police custody."
Sign up for Ngā Pitopito Kōrero, a daily newsletter curated by our editors and delivered straight to your inbox every weekday.
