1      Purpose

The Child Protection Policy is to ensure the safety and wellbeing of children accessing Brackenridge services and to ensure all Brackenridge staff effectively and appropriately manages any issues that threaten the safety and wellbeing of children supported by the organisation. It provides guidance to staff on how to identify and respond to concerns about the wellbeing of a child, including possible abuse or neglect.  The interests of the child will be the paramount consideration when any action is taken in response to suspected abuse or neglect. Brackenridge commits to support the statutory agencies Oranga Tamariki and the New Zealand Police (the Police) to investigate abuse and will report suspected cases and concerns to these agencies as per the process in this policy.

2      Scope

The Child Protection Policy applies to all staff members employed by Brackenridge. All Brackenridge employees have a responsibility for the management of suspected child abuse and neglect.

3       Principles

In accordance with the Oranga Tamariki Act 1989, any person who believes that any child or young person has been, or is likely to be, harmed (whether physically, emotionally, or sexually), ill-treated, abused, neglected, or deprived may report the matter to a social worker (Oranga Tamariki).

4      Key Definitions

4.1        Child

As per the Vulnerable Children Act 2014 a child is defined as:

Child means a person who is:

a) a child as defined in section 2(1) of the Oranga Tamariki Act 1989 (because the person is a boy or girl under the age of 14 years); or

b) a young person as defined in section 2(1) of the Oranga Tamariki Act 1989 (because the person is:

i) a boy or girl of or over the age of 14 years but under 17 years; and

ii) not a person who is or has been married or in a civil union)

Brackenridge adopts the following definitions of child abuse as:

‘the harming (whether physically, emotionally, or sexually), ill-treatment, abuse, neglect or deprivation of any child or young person.’

4.2        Child Protection: Activities carried out to ensure that children are safe in cases where there is suspected abuse or neglect or the risk of abuse or neglect.

4.3        Oranga Tamariki: The agency responsible for investigating and responding to suspected abuse and neglect and for providing a statutory response to children found to be in need of care and protection.

4.4        Children’s services: Any organisation that provides services to children, or to adults where contact with children may be part of the service. These organisations should have child protection policies.

4.5        Designated person for child protection: The manager or designated person responsible for providing advice and support to staff where they have a concern about an individual child or who want advice about the child protection policy.

4.6        Disclosure: Information given to a staff member by the child, parent or caregiver, or third party in relation to abuse or neglect.

4.7        Emotional Abuse: Emotional abuse occurs when a child’s emotional, psychological or social well-being and sense of worth is continually battered. It can include a pattern of criticising, rejecting, degrading, ignoring, isolating, corrupting, exploiting and terrorising a child. It may result from exposure to family violence or involvement in illegal or anti-social activities.

The effects of this form of abuse are not always immediate or visible. The long-lasting effects of emotional abuse may only become evident as a child becomes older and begins to show difficult or disturbing behaviours or symptoms.

Emotional abuse is almost always present when other forms of abuse occur.

4.8        Neglect: Neglect is the most common form of abuse and although the effects may not be as obvious as physical abuse it is just as serious. It can result in a pattern of behaviour which occurs over a period of time and results in impaired functioning or development of a child. It is the failure to provide for a child’s basic needs.

Neglect may be:

a) Physical - failure to provide necessary basic needs of food, clothing, shelter or warmth

b) Emotional – not providing comfort, attention or love

c) Educational neglect – allowing chronic truancy, failure to enrol in education or inattention to educational needs

d) Medical - failure to seek, obtain or follow through with medical care for the child or meet their health needs

e) Abandonment - leaving a child young person in any situation without arranging necessary care for them and with no intention of returning

f) Neglectful supervision – failure to provide developmentally appropriate or legally required supervision

g) Refusal to assume parental responsibility - unwillingness or inability to provide appropriate care for a child.

4.9        New Zealand Police: The agency responsible for responding to situations where a child is in immediate danger and for working with Oranga Tamariki in child protection work, including investigating cases of abuse or neglect where an offence may have occurred.

4.10     Physical Abuse: Physical abuse can be caused from punching, beating, kicking, shaking, biting, burning, strangulation, suffocation, drowning, poisoning, fabricated or induced illness or throwing the child. Physical abuse may also result from excessive or inappropriate discipline or violence within the family, and is considered abuse regardless of whether or not it was intended to hurt the child. Physical abuse may be the result of a single episode or of a series of episodes.

Injuries to a child may vary in severity and range from minor bruising, burns, welts or bite marks, major fractures of the long bones or skull, to its most extreme form, the death of a child.

4.11     Safer recruitment: Following good practice processes for pre-employment checking which help manage the risk of unsuitable persons entering the children’s workforce.

4.12     Sexual Abuse: Sexual abuse includes any acts or behaviours where an adult, older or more powerful person forces or entices to take part in sexual activities, whether or not they are aware of what is happening. While it may involve a stranger, most sexual abuse is perpetrated by someone the child knows and trusts.

Sexual abuse can be, but is not limited to:

a) Contact abuse: touching breasts, genital / anal fondling, masturbation, oral sex, penetrative or non-penetrative contact with the anus or genitals, encouraging the child to perform such acts on the perpetrator or another, involvement of the child in activities for the purposes of pornography or prostitution.

b) Non-Contact abuse: exhibitionism, voyeurism, exposure to pornographic or sexual imagery, inappropriate photography or depictions of sexual or suggestive behaviours or comments.

4.13     Standard safety checking: The process of safer recruitment; mandatory for organisations covered by the Vulnerable Children Act 2014. 

5      Procedure

5.1       Brackenridge Staff Obligations and Reporting Procedures

a) Responsibilities

All Brackenridge employees have a responsibility for the management of suspected abuse and neglect.

All Brackenridge staff are required to familiarise themselves with the procedures for managing cases of suspected child abuse.

Service Managers are responsible for ensuring that all cases of reported or suspected child abuse are adequately addressed as soon as possible.

Team Leaders and Service Managers will attend training on child abuse and child protection and ensure that their teams understand this Policy.

b) Recognising and Responding

All staff must be able to identify the signs and symptoms of child abuse.

Appropriate guidance and education needs to be given by Team Leaders and Service Managers. All staff must be able to respond appropriately to suspected abuse.

If child abuse is suspected staff must notify a Service Manager / On Call Manager / Duty Manager / Behaviour Support, General Manager Service Delivery or CEO immediately.

i) The organisation must keep a record of each incident of suspected child abuse with the following information:

• What is the nature of the suspected abuse?

• What is the immediate and on-going risk for the child?

• What supports are currently in place to protect the child?

• How vulnerable is the child? (Does the perpetrator still have access? Age? Disability?)

• Record details of allegations (Who was there? What was disclosed? What was observed? Record any relevant facts or observations and differentiate between what was seen and heard and reported by whom.)

ii) If suspected child abuse is brought to the attention of a Service Manager that Service Manager is to immediately inform the General Manager Service Delivery (or their representative). The GM Service Delivery will inform the CEO. Oranga Tamariki is to be notified immediately for advice in managing the situation.

iii) Each incident of suspected child abuse will be managed collaboratively by at least two managers.  Allocation of managers will be made by the GM Service Delivery or the CEO.

iv) The primary concern should be ‘is the child still at risk?’ All necessary measures need to be taken to ensure the child in question is safe and free from undue influence, especially that of the alleged perpetrator.

v) Any medical needs resulting from the suspected abuse should be addressed immediately.

vi) A plan to protect and promote the physical and emotional wellbeing of the child should then be developed by staff, Service Managers and the family of the child, and the views (where appropriate) of the child.

vii) Any person who believes that any child has or is likely to experience abuse should report the matter to Oranga Tamariki or police officer.

viii) Reports to Oranga Tamariki Services can be made via telephone or in writting.

ix) Where appropriate it is advisable to seek assistance from cultural experts or advisors via the CDHB / Oranga Tamariki or interpreter services as relevant.

5.2        Emergency or Urgent Situation

All staff should feel confident acting if abuse is suspected and calling police if necessary. If a child is in a situation whereby they may incur serious harm or immediate harm staff should call the Police (111) and notify a Manager if a child:

a) Is severely injured

b) At risk of death or harm

c) Unsupervised or alone at home

Emergency services should be called immediately. Similarly, if staff safety is threatened the police should also be called directly.

5.3        Support for Staff

Staff involved in witnessing, managing or reporting suspected abuse incidents will meet individually with a Service Manager for a debriefing. A review of the situation will be discussed and recommendations for improving the management of suspected abuse cases will be recorded and reviewed annually by the Practice Quality Manager.

Counselling is to be made available for staff involved in cases of suspected child abuse.

If at any time the staff feel that Service Managers have not handled suspected child abuse appropriately, it is crucial they feel comfortable to put their concerns in writing to the General Manager, Service Delivery or the CEO. This process should be welcomed by Service Managers and remain confidential. It is essential staff can highlight concerns regarding the practice of managing suspected child abuse. Likewise Service Managers may also raise any concerns around the process to the CEO or other senior manager, or any other independent services ie: Advocacy Services.

5.4        Allegations or concerns about staff

When a staff member is suspected, the same processes apply.

If there is a need to pursue an allegation as an employer, consult with Oranga Tamariki or the Police before advising the person concerned, informing them that they have a right to seek legal advice and providing them with an opportunity to respond. They should also be informed of their right to seek support from the relevant union/representative body.

It is vital to follow ordinary disciplinary policies, guided by the employment contract / collective employment agreement and relevant statutory obligations.

Brackenridge commits not to use ‘settlement agreements’, where these are contrary to a culture of child protection. Some settlement agreements allow a member of staff to agree to resign provided that no disciplinary action is taken, and a future reference is agreed. Where the conduct at issue concerned the safety or wellbeing of a child, use of such agreements is contrary to a culture of child protection.

6      The Crimes Act

Under the Crimes Act 2011 and Subsequent Amendment:

Staff working at the same residence where abuse and neglect has been detected and were aware of the abuse may also be reported to the police for possible investigation and prosecution. (Any person found liable could face a term of up to 10 years imprisonment).

Any person over the age of 18 years and living in the same house, or regarded as a member of that household and fails to protect the child or vulnerable adult, knows that the victim is at risk of death, grievous bodily harm, or sexual assault and fails to take reasonable steps to protect or report that abuse may be liable for a term of imprisonment up to 10 years.

7      Associated Documents

Related Brackenridge Policies & Procedures

• Abuse and Neglect Policy

• Cultural Safety Policy

• Behaviour Support Policy

• Individual Safety Restraint Minimisation and Safe Practice Policy

• Complaints Policy

• Clients’ Personal Plans / Risk Plans

• Incident / Accident Reports

• Internal Review Reports

• Complaints Policy and Data Base

Related Legislation or Other Documentation

• Vulnerable Children Act 2014

• The Children’s Action Plan (www.childrensactionplan.govt.nz)

• Oranga Tamariki Act 1989

• Children, Young Persons, and Their Families Act 1989

• Care of Children Act 2004

• Code of Health and Disability Services Consumers’ Rights 1996 (The Code)

• Family Violence Act 2018

• Ngā Paerewa Health and Disability Services Standard NZS 8134:2021

• Restraint Minimisation and Safe Practice NZS 8134.2:2008

• New Zealand Bill of Rights Act, 1990

• The Privacy Act 2020

• The United nations Convention on the Rights of a Child(UNCROC)

• The Health Information Privacy Code 2020

• Crimes Act 2011 and subsequent Amendments 2014

• Victims’ Rights Act 2002