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Whaia te Maramatanga guidance
Supporting tamariki and rangatahi to understand their rights
Social workers need to carefully consider the communication needs of tamariki
and rangatahi so we can help them understand their rights.
Factors that may influence how well we communicate with tamariki and rangatahi about
new information include their:
• age
• development
• language
• any disability
• cognitive ability.
Conditions such as Fetal Alcohol Spectrum Disorder (FASD), Attention Deficit Hyperactivity
Disorder (ADHD) and Attention Deficit Disorder (ADD) and neurodiversity in general may
influence the ability of a tamaiti or rangatahi to understand new information. Discussions
with health professionals, teachers, caregivers and whānau or family of a tamaiti or
rangatahi will help us understand their comprehension and how we can modify our
approach to best engage with te tamaiti or rangatahi
In some cases, we may need to find a support person who can help te tamaiti or rangatahi
during these discussions. It will need to be someone they trust and who will support their
best interests. It may be members of their whānau or family, or a professional in their
support network (for example, a school counsellor).
Conversations about the rights of te tamaiti or rangatahi should occur at the following points
in their journey:
• coming into care
• transitioning between placements
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• building their plan
• reviewing their plan
• significant change in circumstances
• transitioning out of care
• if te tamaiti or rangatahi asks about their rights, or an issue related to their rights
arises.
Any discussion about the rights of te tamaiti or rangatahi should also use the information
contained in the All About Me plan. The Tamariki All About Me plan includes information that
is unique to te tamaiti or rangatahi, including:
• why they are in care
• the timing of their needs assessment
• how often they will be visited by their social worker
• how their whānau or family will be involved in decision-making
• how they can be involved in decision-making.
Resources to support our conversations with tamariki and rangatahi about rights and
entitlements
There are a number of resources to support Tamariki and rangatahi to understand their
rights while they are in care.
The resources have been designed to help us work with tamariki and rangatahi of all ages,
their whānau or family and caregivers to understand the rights tamariki and rangatahi have
while they are in care.
The resources include cards (including an easy-read version), a poster, a brochure, videos
with care-experienced rangatahi, and comics.
Each of the resources can be used to:
• introduce the concept of rights
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• prompt reflection on rights at different stages of their care journey
• build understanding and answer any questions tamariki and rangatahi have
about their rights.
Social workers may also find these resources helpful to familiarise themselves with the
rights that tamariki and rangatahi have.
Select the resources that best suit the needs of te tamaiti or rangatahi and rangatahi (for
example, the videos may be suitable for older rangatahi as they provide a more in-depth
look at their rights).
Make some time to sit with te tamaiti or rangatahi to:
• talk with them about what they understand about their rights
• go over the resources with them
• answer any questions they might have.
With older tamariki and rangatahi, it might be useful to take their lead on what they want to
focus on and ask questions to ensure understanding and show interest in their views.
An information pouch is available to give to tamariki and rangatahi to hold their My Rights My
Voice booklet and any other care-related documentation they may want to add, such as the
Tamariki All About Me plan and 'Welcome to our home / Haere Mai ki Tō Tātau Kāinga'
booklet. The information pouch comes in a range of colours that tamariki and rangatahi can
choose from.
Staff resource: Rights and advocacy resources | Te Pae
How to order National Care Standards products (PDF 258 KB)
Children’s Rights – flyer | Save the Children NZ
Child rights | UNICEF Aotearoa
Feedback and complaints
This section deals with the scenario where te tamaiti or rangatahi raises feedback or has a
complaint. There is separate guidance for allegations of abuse. In general terms, a
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complaint is dissatisfaction with a level of service whereas an allegation of abuse relates to
physical, sexual or mental harm or neglect. Make sure tamariki and rangatahi know that if it
is an emergency, they should contact the Emergency Services on 111, rather than waiting to
talk to their social worker.
It is important that you are clear on the distinction, as they need to be handled very
differently. However, if you are in doubt, speak with your supervisor.
We must explain to tamariki and rangatahi that they can provide feedback or make
complaints, and we must ensure that a tamaiti or rangatahi who wants to make a complaint,
provide feedback or raise an issue of concern receives sufficient support to enable them to
do so.
We work with tamariki and rangatahi information so they understand how they can raise a
complaint or provide feedback, and let them know that any issue they want to raise is
important to Oranga Tamariki. Feedback could be something positive about their care or
something that is not working for them.
This means regularly asking them if they have any issues to raise, taking their issues
seriously and being ready to act to keep them safe and address their worries.
Tamariki and rangatahi also need to know that their feedback about the services they
receive from Oranga Tamariki is really important. This feedback will help Oranga Tamariki
and other services improve things for all tamariki and rangatahi.
'She always tells us when she comes to see us – just ring us up if you have any concerns or
need something.'
'I didn’t know how to reach out… it was too hard.'
Support in making a complaint or giving feedback
The process of making a complaint can be intimidating and emotional for tamariki and
rangatahi. As much as possible, reassure them that providing feedback and making a
complaint is not a bad thing, and will not affect their access to services or the quality of their
care, but is a way to ensure tamariki and rangatahi receive the care they need and services
improve.
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Tamariki and rangatahi with disabilities or developmental and communication needs may
need more support to share their feedback and complaints. Disabled tamariki and rangatahi
are more vulnerable when using services and may not have the ability to use standard
feedback and complaint mechanisms.
We need to let tamariki and rangatahi know they can share their feedback and complaints
with us or another trusted adult in their lives.
'Yes my early high school years I was at that stage, that was the stage where I felt I couldn't
say things to Oranga Tamariki myself and for reasons to do with my parents as well as not
really being heard, seeing change through what I am trying to say. So my high school actually
had a social worker, a professional social worker, and she had quite a bit to do with me and if
need be in situations she would jump in and say ok look I am going to help support you with
this, to get this message across to these people because they need to know.'
If a tamaiti or rangatahi decides not to progress with their complaint or feedback, we need to
talk with them to ensure that we have:
• fully understood their reasons not to progress
• addressed any concerns or barriers to using the feedback and complaints
pathway
• ensured that there is an alternative process for addressing their concerns
• offered support (whether directly or through another person or organisation).
If we have fully explored the reason for this decision and why te tamaiti or rangatahi has
changed their mind, then we should support them in their decision not to proceed.
Let tamariki and rangatahi know they can access independent support through VOYCE
Whakarongo Mai.
Website:
VOYCE Whakarongo Mai
Phone: 0800 4VOYCE (0800 486 923)
Process to make a complaint or give feedback
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Once a tamaiti or rangatahi has decided to make a complaint or to provide feedback, let
them know what the process is likely to be, what the possible outcomes may be, and how
long it is likely to take to be resolved. The following is a guide on the steps to take:
• Let te tamaiti or rangatahi know they can raise a complaint or share their feedback by:
o using the online form on the Oranga Tamariki website
Feedback, compliments, complaints and suggestions | orangatamariki.govt.nz
o phoning 0508 326 459
o emailing
[email address]
o contacting VOYCE Whakarongo Mai (contact details above)
o making a complaint with one of the 9 Residence Grievance Panels who monitor
and investigate complaints made by tamariki and rangatahi placed in care and
protection or youth justice residences.
• Let te tamaiti or rangatahi know that, if they prefer, they can take their concerns to an
external agency such as the:
o Ombudsman (0800 802 602 o
r [email address])
o Social Workers Registration Board (04 931 2650 or
Concerns and complaints)
o Mana Mokopuna Children and Young People's Commissioner (0800 224 453).
• If te tamaiti or rangatahi gives feedback or makes a complaint directly to us, we should
listen to what they have to say and clarify what they have said in a way that they
understand wherever possible, using their own words (don’t use jargon).
• Explain to them that what they have said is a complaint or feedback.
• Explain what they can expect if they provide feedback or make a complaint. Ask them if
they want to proceed with the process. If they don’t, explore any reasons why and
discuss how else their concerns could be addressed.
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• Explain that, if they proceed, the information they share will need to be recorded and
sent through the appropriate channels – this could be the complaints process or by
making a report of concern.
• Explain if their concerns relate to a care provider (section 396 provider):
o they will be forwarded to the care provider (if te tamaiti or rangatahi agrees to
proceeding) who will need to take the lead on responding to the concerns –
Oranga Tamariki still has a role in ensuring they are supported through the
process
o if the concern amounts to a report of concern, it will be handled by Oranga
Tamariki and the section 396 provider.
• Explain that, if their feedback or concerns are about a full care partner, it is up to the
provider to respond to the complaint or feedback.
• Find out how te tamaiti or rangatahi feels about their concern being forwarded to the
care provider. They may become fearful, anxious or upset – ask if they would like
support.
• Explain to them the timeframes for complaints and feedback to be responded to.
• Explain how they will be supported if they make a complaint – for example, having
someone write the complaint with them or having a trusted adult present when they
speak about their complaint.
• Explain what the possible outcomes of making a complaint may be.
• Confirm that tamariki or rangatahi want to proceed with their feedback or concerns.
• If tamariki or rangatahi tell you their feedback or complaint, and it is not a report of
concern, email the Feedback and Complaints team. They will log the complaint or
feedback in the complaints management system (CMS) and forward it to the site for
follow-up.
Em
ail: [email address]
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• If the complaint or feedback has been made by an adult in the network of te tamaiti or
rangatahi, check with te tamaiti or rangatahi to make sure they wish to proceed with the
action. If te tamaiti is too young to make this decision, discuss it with your supervisor.
Reviewing a complaint
Someone not known to te tamaiti or rangatahi may be asked to review the complaint,
depending on its nature and complexity. This may involve seeking out information to
understand what has occurred. During this process, the person reviewing the complaint
may wish to speak with te tamaiti or rangatahi if they are willing. Careful consideration
should be given to who and how te tamaiti or rangatahi is supported in this process, taking
care to consider support being provided by someone other than the person who the
concerns are about. This could be their social worker, caregiver or another trusted adult.
Support could also be provided by VOYCE Whakarongo Mai.
Resolution of feedback or complaint
An essential step in the feedback and complaint process is linking back to te tamaiti or
rangatahi about the outcome. Often it has taken significant courage for te tamaiti or
rangatahi to tell someone about their concerns or worries. It is therefore important that
Oranga Tamariki acknowledges the feedback, lets te tamaiti or rangatahi know what action
has been taken, and checks with them whether or not the steps taken have resolved the
concern from their perspective.
• Explain to te tamaiti or rangatahi that the outcome of their feedback or complaint will be
shared with them. Ask them how they like would to receive this – for example, ask them
if a visit by their social worker would be appropriate, if they would like to have a support
person or their caregiver with them, and if they would like a copy of this outcome in
writing. Advise them that the outcome will also be recorded in their case records. When
suggesting a person who could support them in this process, make sure this is someone
who is not directly involved in the matters of concern to te tamaiti or rangatahi.
• When sharing the outcome, consider the timing and location. The environment where
the outcome is discussed will be important – it should be a space where tamariki or
rangatahi will feel comfortable, safe and supported.
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• Also consider the sensitivity of the information and what follow-up support should be
provided to help te tamaiti or rangatahi process the news.
• When the outcome has been shared, ask them how they feel about the outcome.
• We must explain to te tamaiti or rangatahi what processes or mechanisms are available
if they are not satisfied with the response of Oranga Tamariki to their complaint. This
could include contacting the Ombudsman, Social Workers Registration Board or Mana
Mokopuna Children and Young People’s Commissioner, or seeking support from VOYCE
Whakarongo Mai.
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Whaia te Maramatanga Guidance on Investigations and recording findings
Purpose:
The purpose of this guidance is to provide Quality Leads and Investigators with the practical
examples of what to include, how to record Grievance Investigations.
The below guidance covers the following key domains:
• How to investigate and record a Whāia te Māramatanga complaint
• Completing your Complaint Investigation Report
• Tips on meeting timeframes or escalating concerns.
How to investigate and record a Whāia te Māramatanga complaint:
1. Read through the complaint
2. Consider if there’s any immediate safety needs to be addressed & how his can happen
while the investigation occurs. If a safety plan is required, inform the Residence
Manager and document what was put in place in the Complaint Investigation Report.
3. Make up questions to ask the young person so when you meet them you can get
clarification and details you require to undertake the investigation.
4. At this meeting ask what the young person wants to achieve from the complaint.
•
Don’t promise anything.
•
Ensure you have the advocate with you if they have asked for one.
• Make notes of this interview and any other interviews with young person and attach
these to your Complaint Investigation report.
• Write these up in the Interview section of the Report.
5. Locate SOSHI, case notes, search forms, SPADS and Logbook pages.
• Copies of these document(s) need to be attached to your Complaint Investigation
Report.
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6. CCTV viewing if applicable – See the Residence Manager for permission and access.
• A review of CCTV footage should include input from a STAR or Safety Intervention trainer
to aide in interpretation and your record of findings.
• Using dates and times record what you see.
• Share this with the Residence Manager before proceeding further (At times, HR process
may need to be used so their advice is vital).
• Check your findings against other documents.
• Seek clarification of your findings from staff when you interview them.
7. Interview staff and others involved such as:
• who wrote the SOSHI, casenotes, timeouts, conducted the searches
• directly involved and indirectly involved.
• Make notes as you interview.
• Check that what you hear and write is correct.
• These ‘rough’ notes need to be attached to your Complaint Investigation Report.
• The investigation report is subject to review by the Grievance Panel, the Office of the
Children’s Commission, and potentially the Ombudsman’s Office. Please ensure that
your recording is to a high standard and an accurate record of your interview or
findings.
8.
Refer to OT documents for standards relating to operating processes and procedures,
Residential Regulations, OT Act, Values, Practice and Care Standards to provide a basis
for your Discussion and Findings. A copy of the relevant section needs to be attached to
your Complaint Investigation Report.
Completing your Complaint Investigation Report:
• Overview/ Background
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Outline what has happened in the past or just before the situation or about the young person
that is relevant to the complaint’s content ONLY.
• Details of persons Contacted/ Interviewed
Write name, position, relationship to the young person and the date of the interview.
• Details of the Interviews
Write each interview record down. You can write it as question then answer using initials for
yourself and the interviewee or as a detailed recount of what was said.
Separate the interviews use headings- person name, date and where you interviewed them
and time started. Attach the “rough notes” to your report.
• List Documentation
Write as a list with a detailed description - for example: Blue Team shift Log book for PM on
2/3/20. Attach copies of your documents to your report.
• Discussion
This is where you outline the information you have found from the young person, staff
interviews, footage if used and documents into sentences. After outlining it you need to
draw a conclusion/ findings/ outcome and base tis against the OT expectations/
Regulations/ Natural Justice principles to deliver your Findings
• Findings
Record your findings.
Agree / Justified – the complaint is a valid one and the young person requires OT to
undertake some action.
Do not agree / Unjustified – the complaint isn’t a valid one because … state your reason.
• Recommendations
From the investigation you may find that an improvement, support or change could be
undertaken to stop or minimise this occurring again. Write your recommendation.
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Tips on meeting timeframes or escalating concerns:
• The Whāia te Māramatanga process is required to be completed within 14 days. This
includes enabling time for the young person to receive and provide feedback on the
Outcome Letter within the 14 days timeframe.
• Therefore, your Complaint Investigation Report needs to be completed and returned to
the Residence Manager and Grievance Co-ordinator within 7 days so the rest of the
process can be completed to meet the 14-day timeframe.
• If this 7-day timeframe is not possible please contact the Residence Manager,
Residence Manager Operation or Quality Lead.
• Discuss any concerns relating to the complaint with the Residence Manager, Residence
Manager Operations or Quality Lead.
• Assistance can be sought from the Quality Lead.
• Send your report by email and provide the interview notes and copies documents to the
Quality Lead for the folder.
• Remember that your report is viewed by external people and is part of a process that is
audited.
