The Independent Police Conduct Authority (IPCA) has found Police need clearer guidance and stronger procedures when dealing with children and young people who refuse to return home but do not meet the legal threshold for emergency intervention.
The watchdog investigated four complaints from parents and guardians whose children, aged between 11 and 15, were placed with friends or other caregivers by Police without parental consent. In each case, the young person either did not want to return home or had asked Police to take them elsewhere.
Parents complained that Police failed to adequately consider their views, did not provide information about where their children were staying, failed to properly assess the safety of placements, and did not conduct sufficient follow-up after the arrangements were made.
The investigation found officers were often left making difficult decisions in situations where their legal powers were limited. Police told the Authority they had weighed the wishes of both parents and children, had few powers available to remove or relocate young people, and frequently struggled to obtain timely assistance from Oranga Tamariki.
Under Section 48 of the Oranga Tamariki Act, Police can only remove an unaccompanied child or young person and place them with Oranga Tamariki when there is an immediate risk to their physical or mental wellbeing. The IPCA said these powers are intended for the most serious circumstances and do not apply in many of the situations officers encounter.
The Authority concluded that Police have no power to remove a child from a location or place them with alternative caregivers unless acting under a court order or exercising emergency powers provided by law. It said parental consent should generally be obtained for temporary placements away from home.
The IPCA identified several problems affecting frontline officers, including uncertainty over how Section 48 should be interpreted, a lack of procedures for cases where children refuse to return home but are not at immediate risk, confusion over what information can be shared with parents about a child’s whereabouts, and differing expectations between Police and Oranga Tamariki regarding support.
The report found these gaps often leave officers making decisions about care arrangements despite having no legal authority to determine where a child should live.
The Authority said officers should seek the views of children, parents and proposed caregivers but should not be placed in the position of deciding care arrangements or withholding information about a child’s location from parents.
It recommended Police seek assistance from Oranga Tamariki whenever agreement cannot be reached on a care arrangement, concerns exist about a child’s wellbeing, or a child or caregiver does not want parents informed of the child’s whereabouts.
The IPCA has recommended Police develop a formal protocol and dedicated training package for situations that fall outside Section 48 powers. It has also urged Police to consult both the Authority and Oranga Tamariki while developing the new guidance.
In response, Police accepted the findings and said updated national guidance on Section 48 is already being delivered to frontline staff through Youth Aid practitioners. Assistant Commissioner Tusha Penny said Police remained committed to improving consistency and ensuring decisions involving children and young people are focused on safety and wellbeing.
The family-destroying implementation of socialist/communist/feminist doctrines by the Famiy Court, oranga tamariki and the police is root cause of what’s wrong with our nation.
Not root cause, but a definite contribution.