Ombudsman to investigate Oranga Tamariki process for newborn baby removal

Wednesday, 19 June 2019

Chief Ombudsman Peter Boshier is conducting his own 'wide-ranging' and independent investigation into the steps Oranga Tamariki takes when newborn babies are removed.

Boshier confirmed his investigation was under way when he appeared before Parliament's Governance and Administration Committee on Wednesday.

'Cabinet announced in April that from July 1, I will have a greater degree of oversight over Oranga Tamariki which will include reviewing complaints and conducting investigations. It is important for me to start looking at this issue immediately.'

In a statement, Boshier said there has been a great deal of public concern following an attempt by Oranga Tamariki to remove a week old baby from its mother in Hawke's Bay hospital last month.

**READ MORE:

* Who Cares? When kids are taken by the state

* The other side of the Oranga Tamariki baby uplift story

* Māori will no longer tolerate the removal of babies by the state

* New Zealand's own 'stolen generation': The babies taken by Oranga Tamariki**

'No one is more vulnerable than a newborn baby. I think the public needs assurance that the right policies and processes are in place for their protection while at the same time safeguarding the rights of whānau.

'My investigation is focussed on what a good system should look like. As an Officer of Parliament, I have unique investigative powers under the Ombudsmen Act to require all relevant information from Oranga Tamariki and others to get to the heart of things and form an independent view.'

Boshier said he was pleased Oranga Tamariki was doing its own internal investigation into the Hawke's Bay case and notes the Children's Commissioner was also launching a thematic review focused on Māori newborns.

'My investigation will provide a broader overview aimed at identifying best practice. It is important my investigation looks into the circumstances faced by all newborns and their whānau.'

Boshier said his powers also allow him to examine Oranga Tamariki's interactions with other agencies, such as district health boards, in the removal of newborn babies.

'There is often more than one agency involved, as well as court decisions and Police protocols that Oranga Tamariki needs to take into account. I want to find out whether these kind of interventions by Oranga Tamariki are being carried out in an appropriate way.

'This is a key part of my job as New Zealand's Ombudsman, to make sure there is trust and confidence in the system, and to make recommendations where I see the need for improvement.'

Boshier said his investigation would not focus on the actions of individuals involved in the Hawke's Bay case.

'I do not want to intervene in this particular case at this time because Oranga Tamariki is conducting its own review and there are ongoing legal proceedings.

'I will be seeking regular progress reports from Oranga Tamariki. I will also be asking the Children's Commissioner for updates on his review. It is part of my job to oversee the administrative practices of these and other agencies within my jurisdiction and identify any areas where my intervention may be required.'

Boshier has assigned a team of investigators specialising in the review of agency practices and processes, and notified Oranga Tamariki of his intention to investigate two weeks ago.

'My aim will be to complete my investigation by the end of the year, and I will then report back to Parliament.

'I intend publishing my findings and any recommendations I make. I want to give the public confidence that this issue will be looked at fairly and robustly.'

Green Party co-leader Marama Davidson said she had 'huge concerns' about the current system.

She supported the investigation, saying there needed to be more accountability around state uplifts of children. 

'We've got stories of generations of things going wrong and more trauma being created… The arbitrary decisions to remove children are still happening and the actual removing is creating trauma that continues and impacts on the rest of their lives,' she said. 

'We need to change the practice so that trauma isn't created, and prioritise keeping babies safely with their families. If after everything else is investigated and we still need to remove children, then we need to do that in a way that is compassionate and is supported by Māori organisations and Iwi organisations so that it's minimising the impact that it has.'

I'm surrounded by examples of Māori families stepping up of their own accord to take in tamariki from families who are struggling. So it's already happening, we just need to better support that process.'