Why OT change is overdue
The Oranga Tamariki bill will ensure much-needed objectivity in monitoring children’s agencies, argues Ryan McLean.
Work to strengthen independent oversight of children’s agencies began in 2015, with the report of the Modernising Child Youth and Family
Expert Panel, which included intensive work to incorporate the voices of children and young people.
The then National-led government instigated work to strengthen independent monitoring of those providing services to our most vulnerable. In 2018 a further review was undertaken by Sandi Beatie to inform this mahi.
I have not been involved since last year, but I am one of the chief architects of the Oversight of Oranga Tamariki System and Children and Young People’s Commission Bill, having worked on it for four years. It has taken so long to get to this point due to extensive engagement with Mā ori, the former children’s commissioner and his office, and tamariki (children) and rangatahi (young people).
We attempted to engage with Voyce Whakarongo Mai, but it never responded and never sought to be involved . . . until now
July 1). Personally, I’m pleased tamariki, rangatahi and their whā nau will finally have a dedicated organisation focused on their needs when they make a complaint. This will make the process less confusing than the current one, which often saw the children’s commissioner pass complaints to the Ombudsman to deal with.
I am also pleased that we have a strengthened advocacy for all 1.1 million of our children and young people, not just the 6500 in care. An advocate that no longer needs to instigate an investigation to enable it to access information. Under the bill, the commissioner can demand the provision of information as of right.
Finally, I am deeply pleased that we have a bill that will ensure independence and objectivity in monitoring OT and agencies involved with vulnerable tamariki, rangatahi and whā nau, and the outcomes realised for them.
Until now, monitoring has been undertaken by the children’s commissioner, a process that has seen each commissioner focus on their particular area of interest, be it health, education or state care. They hypothesise what they think the problems are, then initiate work to validate their view. This is not monitoring, it is advocacy.
Objectivity in monitoring agencies and outcomes is something we have never had before, yet it is critical in ensuring monitoring actually assists in identifying what is working and what is not.
What is being proposed ensures the independence of monitoring through Section 15, which places a duty on the monitor to act independently. The bill also makes it impossible for a minister to direct the monitor to stop its activities. It also provides a dedicated agency to perform monitoring (it will not be part of the Education Review Office, as some have falsely claimed).
Proposals will also give the monitor much greater funding certainty than the commissioner currently has. Proposals also deal with the disincentive ministers face when having to choose to give more funding to an agency whose function is to scrutinise that minister.
Many articles published in opposition to the bill appear to have been written by advocates or friends of the former children’s commissioner. It’s hardly surprising that they would want the monitoring function to remain in the control of the advocate.
After seven years of intensive engagement and development, I applaud the prime minister for wanting to get on with it. We have had many reviews over the years and I do not see the need to wait for another (the ongoing Royal Commission of Inquiry into Abuse in State Care). What will it tell us that we don’t already know?
Strong advocacy is an important part of ensuring OT and children’s agencies achieve positive outcomes. However, it cannot be the only means of independent oversight. For advocacy and decision-making to be effective, they must be based in evidence, which must be objectively sought (not sought to support a particular viewpoint or cause, as has been the case to date).
For the last 20 years we have relied on advocacy through the children’s commissioner alone. Are we better off today than we were then?
A member of our Mā ori Kahui group, with whom we worked closely for three years, used to say: ‘‘If you keep doing what you’ve always done, you’ll get what you’ve always got.’’
Ryan McLean was a consultant to the Ministry of Social Development on the Oversight of OT System and Children and Young People’s Commission Bill.
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