This resource page contains a suite of three Monitoring Reports, published by Aroturuki Tamariki | Independent Children's Monitor, between 2019 and 2020. The focus is on Agency Compliance with Regulations 69 and 85 of the Oranga Tamariki (National Care Standards and Related Matters) Regulations (aroturuki.govt.nz)
Purpose
Growing up in a stable and loving home is the reality for the majority of tamariki in New Zealand. Unfortunately, there are a number of tamariki and rangatahi whose lives look very different, particularly those who through no fault of their own, are in the custody of the state. This is particularly true for tamariki Māori who are well over-represented in the state care system.
Successive governments have recognised this and have worked towards building a care system based on having children at the centre of decision making, supported by safe, healthy whānau.
The (most current) report on the state of the care system, the Expert Advisory Panel Report, published in December 2015 provided the blueprint for the most radical shake up of the care system since 1989. The report highlighted the absolute necessity to focus on reducing disparity for Māori, with recommendations that are now legislated to ensure that policies and practices that impact on the wellbeing of children and young people have measurable outcomes for tamariki and rangatahi Māori.
Having independent monitoring of the system is an important accountability mechanism that can positively influence outcomes for tamariki and rangatahi. The introduction of the Independent Children’s Monitor in the Oranga Tamariki Act 1989 and the Oranga Tamariki (National Care Standards and Related Matters) Regulations 2018 is another positive step
forward in supporting the system to do better for all tamariki and rangatahi in care. ...
First Monitoring Report:
The purpose of the initial report is to provide the Minister for Children and the New Zealand public with insight into how the four agencies who have custody of children are performing against regulations 69 and 85 (and to the extent that it applies to those regulations, regulation 86) of the NCS Regulations.
The period covered by this report is the three months from 1 July 2019 to 30 September 2019. This reporting period was chosen to reflect the short period the NCS Regulations have been in effect and to enable the agencies to provide the Monitor with sufficient information to report against.
The purpose of this initial report is to gain a baseline understanding of policies, processes and procedures as well as to assess basic compliance with the NCS Regulations. ...The report provides a benchmark of the current state and informs future processes for the Monitor.
Second Monitoring Report:
This report provides the Minister for Children and the New Zealand public with an update on the extent to which the four agencies who have care or custody of children are compliant with regulations 69 and 85 (and to the extent that it applies, regulation 86) of the National Care Standards (NCS) Regulations 2018 (Appendix One). The Independent Children’s Monitor’s (the Monitor’s) initial report, completed in December 2019, provided a baseline understanding,
drawn from data and information from 1 July to 30 September 2019, of compliance with the NCS Regulations. The current report provides an overview of the six-month period from 1 July to 31 December 2019 and uses the information, data and analysis provided by each of the four agencies as follows:
• quarter one (first quarter) from 1 July 2019 to 30 September 2019
• quarter two (second quarter) from 1 October 2019 to 31 December 2019.
The Monitor notes that the data relied upon in this report has been provided by each of the agencies and has not been gathered from other sources.
Third Monitoring Report:
This report covers the period from 1 July 2019 to 30 June 2020. ...
The Monitor has previously published two reports, which are available on the Monitor’s
website1
. This report provides an overview of 12 months of data, unless otherwise stated, from 1 July 2019 to 30 June 2020. As well as using data provided by the agencies, the Monitor visited three Oranga Tamariki sites and one Open Home Foundation service centre to talk with staff to gain insight and provide a frontline perspective.
This report completes Phase One of the Monitor’s initial monitoring programme, which has focused solely on regulations 69 and 85 (and, to the extent it applies, regulation 86). The Monitor will start monitoring all the NCS Regulations from 31 December 2020.
Methodology
An Initial Assessment Framework (the Framework) was developed and consulted on with the four agencies. Individual Memoranda of Understanding (MoU) were agreed with each agency about how to work together with the Monitor. The MoU includes how information will be shared and how it will be secured safely by the Monitor. The Framework included a
series of questions that the Monitor would focus on during the initial reporting period, to complete this report. The Framework was intended as guidance only and was not intended to be exhaustive nor preclude the Monitor from seeking additional information.
The initial reporting period for specific data on disclosures, as determined by the Monitor, based on the length of time the NCS Regulations have been in place and the requirement on agencies to provide the data, is 1 July 2019 – 30 September 2019.
Acknowledging there is still significant work to be done, primarily by Oranga Tamariki to establish a self-monitoring regime, the approach was taken for the agencies to demonstrate work already completed and underway as well as information that was already available and under development to inform their compliance with the NCS Regulations.
Second Monitoriong Report:
A draft set of revised reporting requirements was developed and sent to the four agencies for review on 24 December 2019 and the agencies’ feedback was discussed with them at a meeting on 28 January 2020. Following agency feedback, the revised ‘Phase One Second Cycle Reporting Requirements’ (Reporting Requirements) was issued to the agencies on 28 February 2020, with information responses due by 15 March 2020 and data requirements due by 31 March 2020.
The reporting period, for specific data on allegations in this report, is 1 July to 31 December 2019. All data used in this report has been provided to the Monitor directly by the agencies. Data sent to the Monitor is aggregated with no identifiable information and is stored securely on a separate database that is not visible or accessible to the Ministry of Social Development. Access to this database is limited to relevant team members of the Monitor. On receipt of the initial information requested, the Monitor reviewed it and prepared a second information request for three of the agencies, to clarify and request additional information. The second information request was sent to two NGO agencies on 23 April 2020 and to Oranga Tamariki on 20 May 2020.
Each agency was provided with draft versions of this report that applied to its agency and had two opportunities to review the information in the draft report prior to its finalisation.
Third Monitoring Report:
For the third report, the Monitor received data and information from each of the four agencies. The Monitor also made
visits to three Oranga Tamariki sites and one to an Open Home Foundation service centre. The Monitor had planned
to make further visits to sites but due to COVID-19 was unable to do so.
The Monitor notes that the data relied on in this report has been provided by each of the agencies and was not gathered from other sources. The Monitor received data and information in response to the third cycle reporting requirements (the final request for Phase One of the programme of the Monitor), for the 12-month period from 1 July 2019 to 30 June 2020. All data represents this time period unless specifically stated.
The Monitor reviewed the information received and prepared a second information request for Oranga Tamariki, to clarify and request additional information. For Open Home Foundation and Barnardos the Monitor sought to clarify information only.
Data sent to the Monitor is aggregated with no identifiable information and is stored securely on a separate database that is not visible or accessible to the Ministry of Social Development. Access to this database is limited to relevant team members of the Monitor. Each agency was provided with draft versions of this report, with the information that applied to its agency, to review the information prior to its finalisation.
Key Results
First Monitoring Report:
Overall, the information provided answered the twelve Framework questions. Each agency has policies and processes to facilitate compliance with regulations 69 and 85. Provisions are typically found in several different policies. Many pre-date the implementation of the NCS Regulations. All four agencies reviewed their documents and made updates as required to assist with compliance with the NCS Regulations and carried out self-assessments and identified areas to improve or change. All four agencies made enhancements to their internal self-monitoring and quality assurance processes to enable compliance with the NCS Regulations.
In response to regulations 69 and 85, for the three-month reporting period, children and young people in the care of Barnardos and Dingwall Trust did not disclose any incidents of abuse or neglect and therefore testing their compliance with those regulations was not required. Open Home Foundation had three allegations of abuse and neglect for children in care and Oranga Tamariki had 335.
From the information provided and the accountabilities Open Home Foundation is responsible for, its practice is complying with regulations 69 and 85. Oranga Tamariki is partially compliant with all aspects of the regulations being monitored. Its policies, procedures and practice guidance provide adequate information to support full compliance.
Second Monitoring Report:
While this report provides an overview of the six-month period from 1 July to 31 December 2019, the high-level summary findings reflect data only from the second quarter, 1 October to 31 December 2019. High-level summary findings for the first quarter are in the Monitor’s initial December 2019 report. ...
All four agencies are compliant with regulations 69, 85 and 86 from a policy and procedure perspective. Barnardos and Dingwall Trust reported that they did not receive any allegations of risk of harm caused by abuse or neglect and therefore testing their compliance with those regulations was not required for this report.
There was one allegation of abuse or neglect about a child in the custody of Open Home Foundation. Based on the information provided, its practice complied with regulations 69 and 85.
Oranga Tamariki reported it received 392 allegations of risk of harm caused by abuse or neglect regarding tamariki and rangatahi in its care or custody. In 136 cases, a decision was made either at the National Contact Centre or a local site that no further assessment was required. ...
It is acknowledged this is only a three-month period and trends and patterns cannot be drawn. It is also acknowledged that practice change takes time to embed.
Third Monitoring Report:
This report provides an overview of the 12-month period from 1 July 2019 to 30 June 2020.
It includes information gathered from visiting a number of frontline workers at three Oranga Tamariki sites and one Open Home Foundation service centre. As described in the two previous reports, the Monitor’s Outcomes Framework3
is used to measure outcomes for tamariki and rangatahi in relation to the delivery of the NCS Regulations. Each of the
regulations have been mapped to one of the six outcomes, with regulation 69 mapped to Aroha. The outcome of Aroha is defined as tamariki and rangatahi feel loved, supported, safe and cared for, and are capable of receiving kindness through love and giving love to others. How allegations of abuse of tamariki and rangatahi are handled is relevant to how they can feel loved, supported and safe.
Due to the high number of cases where inaccuracy was apparent, the Monitor will continue to
seek data and information on action Oranga Tamariki is undertaking to improve decisionmaking. This will be an area of ongoing focus for the Monitor’s future reports