OIA-CE-2025-02924
5 June 2025
Emily O’Callaghan
[FYI request #30926 email]
Tēnā koe Emily
Thank you for your email, received on 8 May 2025, to Oranga Tamariki—Ministry for
Children (Oranga Tamariki) requesting information on complaints and grievances
processes in Oranga Tamariki Youth Justice residences. Your request has been
considered under the Official Information Act 1982 (the Act).
I have addressed each of your questions below.
1.
What are the step-by-step procedures a young person must follow to make
a complaint inside a Youth Justice residence?
Each Care and Protection or Youth Justice residence has a grievance procedure,
Whaia te Mamaratanga, in place as set out in the Oranga Tamariki (Residential Care)
Regulations 1996. The grievance procedure provides a forum for rangatahi to
articulate their concerns and to have their complaints dealt with fairly to ensure that
Oranga Tamariki meets its legal obligations to provide a safe and rehabilitative
environment for rangatahi.
Each panel member is appointed by the Minister for Children on the nomination of
the Chief Executive of Oranga Tamariki, following consultation with the Principal
Youth Court Judge, the Principal Family Court Judge, and the Children and Young
People’s Commission. Each panel has three members which includes a tangata
whenua member from the area in which the residence is situated.
Every tamaiti and rangatahi placed in a residence has the right to access the
grievance procedure to lodge a grievance and the right to advocacy.
Rangatahi can ask kaimahi for a Whaia Te Maramatanga Form to fill in to lodge a
complaint/suggestion/grievance. An advocate from VOYCE is automatically assigned
to the rangatahi (they can choose to opt out of this as well).
When the grievance has been completed, this is then placed in a specially designed
locked mailbox in each unit and emptied daily by appointed kaimahi. A grievance
officer then lodges the complaint in a register and assigns it to the appropriate kaimahi
for investigation.
Kaimahi who have been assigned a grievance, firstly interview the rangatahi who
made the complaint to get further information. Information gathered includes:
• Who is involved in the grievance?
• What is the central issue of the grievance?
• When did the grievance occur?
• Where did the grievance occur?
• Why is this issue concerning to the rangatahi?
Depending on the nature of the complaint, other rangatahi and/or kaimahi might also
be interviewed. Once all the evidence and information has been collected, the
kaimahi investigating the grievance decides on whether the complaint is “justified” or
“not justified”.
A response letter is then generated to advise the rangatahi of the outcome. The
grievance investigator delivers a copy of the letter to the rangatahi and asks them to
select either “sorted” or “not sorted” and to sign and date the letter. All justified
responses require the Residence Manager to feedback in person. All documentation
is collated and kept private by the Grievance Coordinator.
Please see attached as Appendix One a flowchart outlining the Whaia Te
Maramatanga process.
2.
Who can rangatahi speak to about a complaint (e.g., staff members,
advocates, external agencies)? Are there designated complaints officers?
Rangatahi in care, including those in residences, can in the first instance, raise
concerns with any kaimahi of their choosing. If they are not satisfied with their
responses, they may raise a complaint through the Whaia te Maramatanga process
(please see our response to question one for further information).
Rangatahi who are unhappy with Oranga Tamariki can also raise concerns or make
a complaint through the Oranga Tamariki Feedback and Complaints system, which
is accessible to everyone on our website. This system ensures their voices are heard
and that any issues are taken seriously and addressed appropriately. Information on
how to make a complaint is available on our website
here.
In addition, Oranga Tamariki works with VOYCE – Whakarongo Mai, an independent
advocacy service dedicated to supporting and empowering tamariki and rangatahi in
care. VOYCE helps ensure their rights and wellbeing are upheld and can support
them throughout the complaints process if needed. More information can be found on
their website
here.
3.
Is there a standardised form for complaints? If so, please provide a copy
or template.
4.
How is the complaints process explained to rangatahi (e.g., pamphlets,
posters, verbal explanations)?
Information is made available to rangatahi in a variety of formats, including through
verbal induction and printed material such as the Advocacy Poster and Grievance
Poster, attached as Appendix Two and Appendix Three respectively. Please note,
enclosed within Appendix Two is the template of the standardised form for recording
a grievance, “Whaia te Maramatanga What’s Up Form for Tamariki”.
For further information, please refer to the Oranga Tamariki Practice Centre
here.
5.
What support (e.g., cultural, legal, or advocacy services) is available to
assist rangatahi in making complaints?
VOYCE – Whakarongo Mai are engaged by Oranga Tamariki to provide independent
advocacy support to rangatahi in our residences. Information about this service is
publicly available on the VOYCE – Whakarongo Mai website
here.
In addition, kaimahi who work with the rangatahi, including social workers, are able
to provide guidance and support through the complaints process.
6.
How are complaints logged and tracked internally? Are rangatahi given
reference numbers or updates? What is the typical timeframe for resolving
complaints?
Please see the flowchart provided in response to Question 1 for information related
to the Whaia te Mamaratanga process.
The process for progressing and resolving complaints through the Oranga Tamariki
Feedback and Complaints system is as follows:
1.
The complaint is logged, and the tamariki or rangatahi is provided with a
reference number.
2.
A staff member is assigned to review the complaint.
3.
The assigned staff member contacts the tamariki or rangatahi to hear their
feedback and understand the outcome they are seeking.
4.
Relevant files and policies are reviewed, and an assessment is completed.
5.
The assigned staff member contacts the tamariki or rangatahi to discuss their
findings, following which a formal written outcome is provided.
6.
The organisation aims to resolves complaints as soon as possible and
communicates the expected time frame. The goal is to make a decision within
35 working days. However, if the complaint is complex, additional time may be
required to work with others to reach a resolution.
7.
The outcome of the review is discussed with the tamariki or rangatahi, who may
request to be kept informed about the actions taken.
7.
What measures exist to prevent retaliation against rangatahi who
complain?
Complaints and grievance processes are kept confidential and staff not involved in
the complaint are not aware of it. Staff that are the subject of a complaint and
consequent investigation are kept separate from the rangatahi who made the
complaint (i.e. they might work in another unit until the investigation is finalised).
The Ombudsman can be asked to investigate if there are any concerns about
retaliation. Further to this, the Grievance Panel (an external independent function)
see all complaints from rangatahi in residences, and rangatahi can refer on to the
Grievance Panel if they are not satisfied with the outcome.
8.
Are complaints ever referred to external bodies (e.g., Ombudsman,
Independent Children’s Monitor)? If so, under what circumstances?
The external Grievance Panels are part of the overall grievance process and are
responsible for monitoring and reporting on the grievance process that is run by
residences. Each residence has their own external Grievance Panel.
Rangatahi can refer their complaint to the Grievance Panel if they are not satisfied
with the outcome of the complaint, who will review the grievance and the residences
response. However, rangatahi can also refer their complaint to other external bodies
such as the Ombudsman or Independent Children’s Monitor, if they choose.
Therefore, Grievance Panels or Oranga Tamariki does not refer grievances to
external bodies themselves
9.
Have there been any recent updates (since 2020) to the complaints
process? If so, please provide details.
Oranga Tamariki have made no updates to the Feedback and Complaints process
since 2020.
Oranga Tamariki may make the information contained in this letter available to the
public by publishing this on our website with your personal details removed.
I trust you find this information useful. Should you have any concerns with this
response, I would encourage you to raise them with Oranga Tamariki. Alternatively,
you are advised of your right to also raise any concerns with the Office of the
Ombudsman. Information about this is available a
t www.ombudsman.parliament.nz
or by contacting them on 0800 802 602.
Nāku noa, nā
Kimberley Fourie
Acting Deputy Chief Executive
System Leadership
