Agency Compliance with Regulations 69 and 85 of the Oranga Tamariki (National Care Standards and Related Matters) Regulations
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.
This first report is to gain a baseline understanding of policies, processes and procedures and to assess basic compliance with the NCS Regulations. The report provides a benchmark of the current state and informs future processes for the Monitor.
The initial information request was sent to the agencies on 5 July, with a return date of 16 August (see Appendix C). The information returned from the three non-government agencies was via secure Iron Keys that were password protected. The information provided from Oranga Tamariki was sent via secure email channels.
The data is aggregated with no identifiable information. The data is securely maintained on a separate database that is not visible to the Ministry of Social Development with access only provided to the operational team of the Monitor, which is currently limited to key employees.
On receipt of the initial information requested, the operational team of the Monitor reviewed the information and prepared a second information request for two of the agencies, to clarify and request specific data on disclosures of abuse and neglect. The second information request was sent to agencies on 6 September, with a return due date by the end of October. This reflected the time period and the time necessary to provide accurate data (see Appendix C).
This information was measured against the legislation and the measurement definition provided by Oranga Tamariki. Statistical information has been collated in graphs for the report and most of the report is narrative. It is also relevant to note there was repetition of some responses across the questions.
Drafts of the relevant sections of this report that related to each of the four agencies were provided to them through an iterative approach to allow for natural justice principles to be applied. Each agency was asked to:
- Fact check the information relating to their agency
- Respond to any potential adverse comment made by the Monitor in the report.
In regard to Oranga Tamariki in particular, the Monitor agreed that due to its contracting relationship any potential adverse comment relating to one of the NGO contracted agencies was also provided to them in advance to enable them to consider a response. In the context of this report, no information needed to be provided of this nature.