Oranga Tamariki’s legal shake-up proposed in leaked documents
Wednesday, 22 May 2024
Oranga Tamariki is proposing significant changes to its legal division, with concerns the burden will shift to “already stressed” social workers.
It comes just months after officials told MPs its 160 social worker shortage was putting pressure on frontline workers.
In a leaked proposal document obtained by The Post, which lists numerous positions in scope for change within Oranga Tamariki, the legal division which has about 120 positions would lose a quarter, or about 30 roles.
In April, Oranga Tamariki proposed 632 jobs could be disestablished ‒ a net loss of 447 roles.
Another section proposes reducing reliance on the legal team, in some parts through Oranga Tamariki’s investment in “social worker professional capability”.
It says as part of lifting performance and accountability, “functional leads would have sole responsibility for delivery in areas that they own and would not need the support of solicitors (e.g. policy advice and social workers Family Court-related work)”.
“I also think that because we have, over a number of years, invested in our social worker professional capability we could reasonably expect there would be less requirement on the legal team to support case preparation and court report development,” the proposal document states.
“My expectation is that with greater accountability resting with Regional Commissioners to take a prevention approach and intervene early, there would be a reduction in complex litigation cases and the need for the organisation to keep the number of senior solicitors to represent Oranga Tamariki in court.”
It said the proposal “would likely require, in some situations, a rapid uplift in our practice performance”.
Labour’s children spokesperson Willow-Jean Prime said claiming the legal services “don't provide frontline support services to children just doesn't make any sense … and it is going to have an impact on children”.
“This is crazy to expect social workers to take on more and to take on the role, the job and the responsibilities of professional lawyers who are legally trained to provide those services, to expect that of social workers in unfair to the social workers.”
Oranga Tamariki was facing a social worker shortage earlier this year, with a select committee report stating at the time of the hearing, “the ministry had 160 vacant social work roles, which it said puts a lot of pressure on frontline workers to provide services”.
Prime said the proposal was “loading on to an already stressed and pressured workforce of social workers”.
Asked if the legal team was not considered frontline and if it was comfortable with moving some legal onus onto social workers, deputy chief executive (people, culture & enabling services) Caz Anderson said while legal services provided a critical and important service, “they are not a frontline service”.
“Our frontline care and protection work is led by our social and youth workers. The important work they do in our communities every day is supported by all enabling services across Oranga Tamariki.
“We have concluded the formal consultation phase of our proposed organisational restructure, and the focus is now on considering feedback before final decisions are made.”
Lauren Pegg of the New Zealand Law Society said they understood the proposal “may lead to a reduction in the number of legal staff, resulting in an increased workload for social workers who are already at or beyond capacity”.
“Oranga Tamariki lawyers and social workers have distinct specialist frontline roles.
“The Family Law Section holds significant concerns about the potential consequences for the safety and wellbeing of whānau and vulnerable tamariki should there be a reduction in either of those roles as well as the proper functioning of the Family Court.”
Children’s Minister Karen Chhour said “while Oranga Tamariki solicitors provide valuable support to social workers in carrying out their statutory functions, they do not provide direct services to children or families”.