Overview
Since 1989, the Office of the Children’s Commissioner
(OCC) has had a statutory responsibility to monitor
how well Child, Youth and Family (CYF) delivers
services for children and young people. When
New Zealand ratified the United Nations’ Optional
Protocol to the Convention Against Torture and
other Cruel, Inhuman or Degrading Treatment or
Punishment (OPCAT) in 2007, OCC gained a specific
mandate to monitor CYF secure residences. These
monitoring responsibilities carried over to the new
Ministry, Oranga Tamariki, that replaced CYF on 1st
April 2017. There are a total of nine secure Oranga
Tamariki residences in New Zealand – five are care
and protection residences, and four are youth justice
residences.13 These designations are shared with
the Ombudsman, however the Ombudsman and
Children’s Commissioner have agreed the Children’s
Commissioner will carry out the inspection of these
facilities. The NPMs are working with the Ministry of
Justice to have these designations amended.
Introduction
From July 2016 to March 2017, we found that CYF
secure residences generally met the standards that
are required by OPCAT. Our full 2016-17 findings are
described in our publicly available report: State of Care
2017: A focus on Oranga Tamariki’s secure residences,
available on our website.14 Below is a summary.
Strengths
As far as we could establish, residences appeared to
be generally safe for children and young people. In
this monitoring period, we found some incremental
improvements in residential care at an operational
level. Specific areas of improvement included:
• An overall improvement in the way residential staff
treat young people, including how they respond to
challenging behaviour and a reduction in the use of
restraints over the previous two-year period.
• An improvement in material conditions across
three residences.
Areas for development
However, there is still a long way to go. Secure
residences still fall far short of the aspirations
of the new agency, Oranga Tamariki. We remain
concerned about the variable quality of practice and
the fundamental system issues that underpin this
variability. These systemic issues have included:
• A lack of understanding of what child-centred
practice or systems look like, and how they
improve children’s experience.
• No nationally consistent articulated vision or
purpose for youth justice residences. There is
continuing debate as to whether custody or
rehabilitation is their primary role.
• No standardised best practice approach to creating
a therapeutic environment across residences,
including care and protection residences.
• A lack of therapeutic knowledge and skill amongst
the staff providing day-to-day care for children
and young people in residences, and a lack of
training and supervision to build residential staff’s
capability.
• Insufficient responsiveness to our indigenous
Mäori children, young people, and their families
and whänau (extended families).
• A lack of a suite of suitable community-based
facilities to reduce pressure on secure residential
placements, especially pressure from remand
placements.
• Inadequate transition processes from secure
residential care to the community.
• The three care and protection residences we
monitored were moving to create more therapeutic
environments for children and young people
Oranga Tamariki response
• There was a trend across more than half the
residences for an increased level of training and
supervision for residential (care) staff
Encouragingly, in the last couple of years, we have
seen evidence of our monitoring findings and
recommendations beginning to influence some of
10
Human Rights Commission
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