000			04384nam a22003737a 4500
999			_c9070 _d9070
005			20250625151719.0
008			241210s2024 -nz|| |||| 00| 0 eng d
040			_aAFVC
100			_aBoshier, Peter _9804
245			_aMinistry of Social Development's processes for considering claims of abuse in care : _bChief Ombudsman’s opinion under the Ombudsmen Act 1975 _cPeter Boshier, Chief Ombudsman
260			_aWellington, New Zealand : _bOffice of the Ombudsman, _c2024
300			_aelectronic document (46 pages) ; PD & Word DOCX
500			_aOpinion released 4 December 2024
520			_aThe 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
610		0	_98422 _aOffice of the Ombudsman | Tari o te Kaitiaki Mana Tangata
610		0	_99586 _aNew Zealand. _bAbuse in Care Royal Commission of Inquiry
610		0	_aMinistry of Social Development | Te Manatū Whakahiato Ora _913821
650			_aADULT SURVIVORS OF CHILD ABUSE _945
650		4	_aADULT SURVIVORS OF SEXUAL ABUSE _946
650		4	_aCOMPENSATION _9152
650		4	_aCOMPLAINTS PROCEDURES _98154
650		4	_aHISTORICAL TRAUMA _95295
650		4	_aJUSTICE _9333
650		4	_aPĀMAMAE HEKE IHO _96928
650		4	_aPŪNAHA TURE TAIHARA _95580
650		4	_aSOCIAL SERVICES _9555
650		4	_aTOKO I TE ORA _95247
651		4	_aNEW ZEALAND _92588
856			_uhttps://www.ombudsman.parliament.nz/sites/default/files/2024-12/Minsitry%20of%20Social%20Development%27s%20processes%20for%20considering%20claims%20of%20abuse%20in%20care.pdf _zDownload opinion, PDF
856			_uhttps://www.ombudsman.parliament.nz/sites/default/files/2024-12/Minsitry%20of%20Social%20Development%27s%20processes%20for%20considering%20claims%20of%20abuse%20in%20care.docx _zDownload opinion, Word DOCX
856			_uhttps://www.ombudsman.parliament.nz/resources/ministry-social-developments-processes-considering-claims-abuse-care _zRead summary
856			_uhttps://www.ombudsman.parliament.nz/news/chief-ombudsman-finds-rate-msd-compensation-payments-abuse-survivors-be-arbitrary-and _zRead media release
942			_2ddc _cREPORT _hnews131