A STATE OF ABUSE
The calls for a national inquiry into child abuse in state care are growing louder, as are the demands for a public apology, but the Government is refusing to budge. In the final part of the ODT Insight series, ‘‘A State of Abuse’’, Chris Morris considers
NEW ZEALAND’S broken children need to hear the State say sorry. And the State needs a national inquiry to ensure what happened to thousands of New Zealand’s most vulnerable children can never be repeated.
That is the view of Prof Mark Henaghan, the dean of the University of Otago’s faculty of law, when asked about the Government’s response to child abuse in state care.
Prof Henaghan was among prominent New Zealanders to sign an open letter from the Human Rights Commission to Prime Minister Bill English calling for an inquiry and apology.
Asked why, Prof Henaghan told ODT Insight there was ‘‘unrefutable and undeniable’’ evidence children had been abused — psychologically, violently and sexually — in the State’s care.
Their treatment was not just the result of a few bad individuals, but the consequence of a system that allowed it to happen.
The victims needed a public apology that acknowledged the ‘‘terrible, terrible things’’ they endured.
But until a state inquiry examined exactly how such abuses were allowed to continue for so long, the victims would not have justice, he said.
‘‘These were young, vulnerable people who were put in [state care] through no choice of their own, because things weren’t good for them at home, and they ended up paying the consequences later on.
‘‘As a society, we didn’t care about them then, and we don’t care about them now if we do nothing.
‘‘They were treated badly and we should do something about it,’’ he said.
It is a call that has echoed around Wellington in recent days, since 200 people — many of them victims of violence and abuse in the State’s care — gathered on the steps of Parliament to send a message.
They shared harrowing stories of mistreatment before handing over a 5300name petition and the HRC’s open letter, signed by 10,000 New Zealanders, calling for an inquiry and apology.
Green Party coleader Metiria Turei was there to accept the documents, and Labour, the Greens, United Future and the Maori Party have all thrown their weight behind the campaign.
Only National has so far refused to sign up, and there was no sign of Social Development Min ister Anne Tolley at the rally.
Instead, Prime Minister Bill English — who previously insisted the Government knew enough about the problem to fix it — has been left dropping hints of a stance that might yet soften, but is yet to do so.
And so the wait goes on.
It is a fight for justice that has dragged on for decades for those abused as children in state care.
Between 1950 and 1980, more than 100,000 children — many of them Maori — and vulnerable adults were placed in state institutions, including special livein schools, foster homes and psychiatric hospitals.
Many faced horrific acts of violence and sexual abuse, including in Otago at Campbell Park School, the Dunedin Boys’ Home, Cherry Farm Hospital and the Seacliff asylum.
Since 2004, the Government has paid out $24.4 million to settle 1400 claims, and offered private apologies to those who accepted payments.
But nearly 800 more claims remain unresolved and advocates suggest many more victims are not yet ready to come forward.
And, unlike other Western countries, New Zealand is yet to hold a formal inquiry into the extent of child abuse in state care and its causes.
The United Kingdom, Ireland and Canada have all committed to inquiries, as has Australia, where a final report from its Royal Commission into Institutional Responses to Child Abuse is due by the end of the year.
New Zealand has taken a different path, in 2008 launching the Confidential Listening and Assistance Service (CLAS), which provides a forum for victims to come forward and share their stories.
About 1100 have been brave enough to do so, and 57% of them say they were sexually abused while in state care.
The levels of violence, abuse and neglect were ‘‘alarming’’, but many more victims were yet to be heard, the CLAS final report, entitled Some Memories Never Fade, concluded in 2015.
That included people with intellectual disabilities and prison inmates, 40% of whom came from state care, it said.
Despite that, the report concluded ‘‘the most shocking thing’’ was that much of the abuse was preventable.
‘‘If people had been doing their jobs properly and if proper systems had been in place, much of this abuse could have been avoided with better oversight.’’
It recommended a ‘‘public statement’’ by the Government, acknowledging the wrongs of the past, but stopped short of calling for a formal inquiry.
‘‘We have made a difference but more is needed and needed urgently. The people told us . . . they want systemic change and a public acknowledgement of the wrongs of the past.
‘‘Thus far they have had neither.’’
But, contacted by ODT Insight this month, CLAS chairwoman Judge Carolyn Henwood said her view had shifted.
She now backed calls for a formal inquiry, largely because the Ministry of Social Development’s response to her 2015 report had been ‘‘horrific’’.
The MSD, in its written response to the report, had concluded a public apology was ‘‘not supported’’ because ‘‘the majority of children in [state] care did not suffer abuse’’.
Based on claims received, it estimated about 3.5% of children in state care had been abused.
The Government offered individual apologies with settlements, but there was ‘‘no evidence that the care systems were universally broken’’.
Judge Henwood said the MSD response was ‘‘quite devastating’’ and prompted her to support an inquiry.
The number of children abused would be ‘‘way higher’’ than 3.5%, but would not be known unless there was a formal inquiry, she said.
Evidence of systemic failings that led to abuse would not be found either, unless the State was prepared to look, she said.
‘‘There are a lot of independent issues that have caused this to come about . . . but if you don’t inquire into it, I don’t think you can say you know.
‘‘All you know is the damage that was caused — not why.’’
It is an argument that has so far failed to sway the Nationalled Government.
Prime Minister Bill English previously insisted a formal inquiry was not needed, as the extent of the problem was already ‘‘pretty well known’’.
An inquiry would make little difference to children now in state care, but could divert muchneeded resources away.
The Government’s focus was on settling claims and rectifying past mistakes, including through the new Ministry for Vulnerable Children.
But, as pressure from victims, their families and advocates mounts, the Government’s stance has begun to shift.
Last November, Mrs Tolley ruled out a universal apology, saying there was no evidence abuse in state care was systemic.
Earlier this month, Deputy Prime Minister Paula Bennett told the House ‘‘there has been systemic abuse’’, while defending the Government’s response and denying an inquiry was needed.
Then, last week, Mr English went further, saying: ‘‘If there are additional steps to be taken which can help them [victims], then we’re interested in that.’’
Prof Henaghan, the dean of the University of Otago’s faculty of law, said action could not come soon enough.
‘‘It’s not until you expose these things publicly that the people realise how bad we can be.
‘‘Even though it was the norm in those days, we don’t want it to be the norm ever again.’’
chris.morris@odt.co.nz
As a society, we didn’t care about them then, and we don’t care about them now if we do nothing