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Ministry of Social Development's processes for considering claims of abuse in care : Chief Ombudsman’s opinion under the Ombudsmen Act 1975 Peter Boshier, Chief Ombudsman

By: Material type: TextTextPublication details: Wellington, New Zealand : Office of the Ombudsman, 2024Description: electronic document (46 pages) ; PD & Word DOCXSubject(s): Online resources: Summary: The Ministry of Social Development (the Ministry) administers a scheme to assess claims from people who experienced abuse or neglect while in the care, custody or guardianship of Child, Youth and Family or its predecessor agencies before 1 April 2017.[1] The scheme was first established in 2007 and was substantially revised in 2018. Cooper Legal represents a large number of claimants who have sought redress through this scheme. In 2020 Cooper Legal complained to me that the historic claims process as revised in 2018 was unreasonable and unjust in several respects. The complaint is wide ranging, involving criticisms of the processes for considering claims and the amounts payable under it. Since the complaint was received in my office the Royal Commission of Inquiry into Historic Abuse in Care (the Commission) has issued its final report. Of particular relevance are the Commission’s wide ranging recommendations in its 'He Purapura Ora, he Māra Tipu from Redress to Puretumu Torowhānui Report' (the Interim Redress Report), issued in 2021. In that report the Commission described the problems with the current redress systems and said that ‘Current redress processes are unquestionably failing to produce fair, consistent or adequate outcomes for survivors and their whanau affected by tūkino, or abuse, harm or trauma in care.’[2] It called for the establishment of a new independent redress scheme which would replace all current abuse in care claim schemes, including the one administered by the Ministry. The Government has not made final decisions on the implementation of a revised scheme. The alternate scheme proposed by the Commission would likely address many of Cooper Legal’s concerns with the Ministry’s scheme, but there is no certainty about whether and when such a scheme might be implemented. I am proposing to decline to investigate or make recommendations on some aspects of Cooper Legal’s complaint where the Commission has made findings and recommendations and where there is no value in a further comment by the Ombudsman. Where I have formed an opinion it is hoped that my expectations help the Ministry / Crown to identify improvements to the current scheme and inform the design of the new redress system. (From the Executive summary). Record #9070
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Opinion released 4 December 2024

The Ministry of Social Development (the Ministry) administers a scheme to assess claims from people who experienced abuse or neglect while in the care, custody or guardianship of Child, Youth and Family or its predecessor agencies before 1 April 2017.[1] The scheme was first established in 2007 and was substantially revised in 2018.

Cooper Legal represents a large number of claimants who have sought redress through this scheme. In 2020 Cooper Legal complained to me that the historic claims process as revised in 2018 was unreasonable and unjust in several respects. The complaint is wide ranging, involving criticisms of the processes for considering claims and the amounts payable under it.

Since the complaint was received in my office the Royal Commission of Inquiry into Historic Abuse in Care (the Commission) has issued its final report. Of particular relevance are the Commission’s wide ranging recommendations in its 'He Purapura Ora, he Māra Tipu from Redress to Puretumu Torowhānui Report' (the Interim Redress Report), issued in 2021. In that report the Commission described the problems with the current redress systems and said that ‘Current redress processes are unquestionably failing to produce fair, consistent or adequate outcomes for survivors and their whanau affected by tūkino, or abuse, harm or trauma in care.’[2] It called for the establishment of a new independent redress scheme which would replace all current abuse in care claim schemes, including the one administered by the Ministry. The Government has not made final decisions on the implementation of a revised scheme.

The alternate scheme proposed by the Commission would likely address many of Cooper Legal’s concerns with the Ministry’s scheme, but there is no certainty about whether and when such a scheme might be implemented. I am proposing to decline to investigate or make recommendations on some aspects of Cooper Legal’s complaint where the Commission has made findings and recommendations and where there is no value in a further comment by the Ombudsman. Where I have formed an opinion it is hoped that my expectations help the Ministry / Crown to identify improvements to the current scheme and inform the design of the new redress system. (From the Executive summary). Record #9070