Child Protection Policy

HEALTH & SAFETY
HS2.1 CHILD PROTECTION PROCEDURE

Te Rūnanga o NgāiTakoto aims: 

• to provide a clear policy and procedure framework within which the organisation and our staff areencouraged and supported to be active in the protection of children from any forms of abuse

• to provide our staff with clear guidance on the steps they should take when they are aware of, orsuspect there is, any instance of child abuse

• to help our staff refer instances or suspicions of child abuse to the appropriate agencies or authorities

• to help our staff member identify and respond to the needs of children whose welfare is our concern

• to support our staff to protect children by seeking expert advice and assistance where needed andproviding appropriate training and information.

To further the aims of this procedure, Te Rūnanga o NgāiTakoto seeks to develop and maintain sound working relationships with official and other agencies. 

This procedure applies to all employees, contracted workers, and volunteers (referred to as staff). 

It is intended to provide protection against abuse for any children whom our staff deal with or know about in the course of their work for Te Rūnanga o NgāiTakoto. 

DEFINITIONS 

Child – any person aged under 18 years. 

Child protection – activities carried out to ensure that children are safe in situations where there is actual or potential child abuse, where child abuse is suspected, or where a child is at risk of abuse. 

Child abuse – refers to a situation where a child has been, or is likely to be, harmed, ill-treated, abused, (whether physically, emotionally or sexually), neglected or deprived. 

Designated person for child protection – the person or position in Te Rūnanga o NgāiTakoto who is responsible for providing advice and support to staff members or other persons who are concerned about a particular child or who wants advice about this procedure. 

Disclosure – information about abuse or neglect given to Te Rūnanga o NgāiTakoto or its representative by a child, or parent, or caregiver, or any other person. 

Staff or staff member – includes employees, contractors, other workers, and volunteers engaged in the delivery of services or programmes for Te Rūnanga o NgāiTakoto. 

DESIGNATED PERSON FOR CHILD PROTECTION 

The designated person for child protection is the Corporate Services Manager. 

The contact details are accounts@ngaitakoto.iwi.co.nz 

Requests for information, advice or support on matters relating to child protection will be treated as private communications, and the name of the person who makes the request will not be disclosed except where disclosure is required by law or necessary for appropriate action to be taken. 

Confidentiality will not be promised to a person who requests information if that promise would limit the ability of the designated person to take necessary and appropriate action to protect a child. 

Information and communications relating to suspected child abuse or other behaviour that causes concern will be recorded and kept in a separate register with access controlled by the designated person. 

The designated person is responsible for:
• ensuring that this procedure is reviewed every three years or at other times when changes are required by legislation or circumstances
• preparing ANNUAL reports to the Chief Executive on implementation and compliance with the procedure
• identifying any barriers to implementation and compliance and reporting them to the Chief Executive as they arise
• ensuring that this procedure and supporting information are prominently displayed on the organisation’s website.

CONFIDENTIALITY AND INFORMATION SHARING
A person who believes that a child has been or is likely to be, harmed, ill-treated, abused, (whether physically, emotionally, or sexually), neglected or deprived, or who has concerns about the well-being of a child, may report the matter to the chief executives of Ministry of Children Oranga Tamariki or the Police (Children’s and Young People’s Well-being Act 1989, s 15). No civil, criminal or disciplinary proceedings may be brought against the person who makes the report, provided it is made in good faith.
When gathering, storing, or disclosing personal information about individuals, staff members must comply with the Information Privacy Principles set out in the Privacy Act 2020 (See Privacy of personal information procedure).
However, having first sought advice from the Information Officer, a staff member may disclose information under the Privacy Act where there is good reason to do so, such as a serious risk to health and safety. Disclosure about child abuse may be made to the Ministry of Children Oranga Tamariki or the Police.

TRAINING, INFORMATION AND SUPPORT
Te Rūnanga o NgāiTakoto is committed to providing staff members with the training and information they need to develop and maintain awareness of how to prevent, recognise and respond to child abuse.
The induction programmes for all staff members include this procedure, and how it is to be implemented.
Te Rūnanga o NgāiTakoto will identify and keep contact with individuals, agencies and organisations in the community which can offer support to Te Rūnanga o NgāiTakoto and its staff members who become involved in cases of child abuse or suspected abuse.
Te Rūnanga o NgāiTakoto encourages staff members to seek and accept support when it is needed.

IDENTIFYING CHILD ABUSE
Every situation is different. All available information about a child and the environment must be considered before any conclusions are drawn.
Whenever a staff member is concerned that a child may be suffering abuse of any form in any degree, the staff member should talk with a colleague or manager or the designated person for child protection. No staff member should act without seeking advice and support from others.
In all cases, Te Rūnanga o NgāiTakoto will work with official agencies (including the Ministry of Children Oranga Tamariki and the Police), and act on their recommendations.

Te Rūnanga o NgāiTakoto will only inform families/whānau about suspected or actual abuse after discussions
with the appropriate official agencies.

SAFE PRACTICE GUIDELINES
As far as possible, staff members should avoid situations where they are alone with a child or children.
Wherever possible, staff members should adopt “open door” practices to avoid situations where they are alone with a child or children. Toilets are an exception to this general practice.
Staff members should at all times know the whereabouts of children for whom they are responsible. Except in emergencies, staff members should avoid being alone when transporting a child or children.
Except in emergencies, children are not to be taken from the premises of Te Rūnanga o NgāiTakoto, or from any Te Rūnanga o NgāiTakoto programme, without the written consent of the responsible parent or caregiver.
Visitors should be monitored at all times by a staff member.
Parents or caregivers should be advised in advance of any activities which require staff members to have physical contact with a child or children (e.g., swimming or gymnastics).
If possible, parents or caregivers or an outside agency should be involved where a child requires assistance (e.g., to cope with a physical or intellectual disability). If assistance is not available, staff members must be made aware of the appropriate techniques and procedures for giving assistance.

PROCEDURE WHEN DISCLOSURE OF ABUSE
In the event that a child discloses any instance of abuse or neglect to a staff member, the staff member should follow this process:

 

1. 1. Listen to the child, provide reassurance, and ask open questions (e.g., What happened next?)

1. 1. If the child is obviously distressed, provide appropriate reassurance and engage the child in supervised activities until able to participate in ordinary activities.

1. 1. If the child is not in immediate danger, get the child involved in ordinary activities and explain what the staff member plans to do next.

1. 1. If the child is in immediate danger, contact the Police.

1. 1. Record the disclosure in writing as soon as possible.
      o Make a verbatim record of what the child said, as nearly as possible.
      o Record dates, times, locations and names that might be relevant.
      o Record the factual concerns of observations that have led to the suspicion of abuse or neglect.
      o Record the details of any action taken by the staff member.
      o Note any other relevant information.

1. 1. Discuss concerns with the staff member’s manager or the designated person for child protection.

1. 1. Notify the relevant authorities (e.g., Ministry of Children Oranga Tamariki or the Police) if there is reason to believe that the child is suffering abuse or neglect, or likely to do so.

PROCEDURE WHEN ALLEGATION MADE AGAINST STAFF MEMBER
Any complaints or allegations of misconduct against a staff member of Te Rūnanga o NgāiTakoto must be reported to the Chief Executive immediately.
Any complaints or allegations of misconduct against the Chief Executive of Te Rūnanga o NgāiTakoto must be reported to the Trust Chairperson immediately.
In order to protect the child or children, the staff member, and Te Rūnanga o NgāiTakoto, there can be no exceptions to this rule. The failure to make a complaint or report an allegation immediately will be treated as a very serious matter.
When a complaint or allegation is reported, the Chief Executive may decide that, to protect the child, the staff member should be removed from the particular role or the work environment. This is subject to the duty of good faith and any relevant provisions in an employment agreement or other contract.
Once Te Rūnanga o NgāiTakoto is satisfied regarding the safety of the child or children concerned, the complaint or allegation will be investigated in accordance with the organisation’s procedure Workplace investigations.

SAFETY CHECKS FOR CHILDREN’S WORKERS
The Children’s Act 2014 contains definitions that are relevant for this part of the procedure. They include:
Children’s worker – a person who works in, or provides a regulated service, and the person’s work–
a) may or does involve regular or overnight contact with a child or children (other than with children who are co-workers); and
b) takes place without a parent or guardian of the child, or of each child, being present.
Core worker – a children’s worker whose work in or providing a regulated service requires or allows that, when the person is present with a child or children in the course of that work, the person –
(a) is the only children’s worker present; or
(b) is the children’s worker who has primary responsibility for, or authority over, the child or children present.
Non-core worker – a children’s worker who is not a core worker.
Regulated service – any of the services listed in Schedule 1 of the Children’s Act. This is an extensive list of services in the welfare, support, justice, health, education, transport, policing and local authority sectors.
Safety check – the requirements for safety checks for core workers and non-core workers are set out in section 31 of the Children’s Act and in regulations made under section 32 of the Act.
Specified offence – offences under the Crimes Act 1961, the Films, Videos, and Publications Classification Act 1993 and the Customs and Excise Act 2018 that are listed in Schedule 2 of the Children’s Act.
Te Rūnanga o NgāiTakoto must ensure that a safety check is completed satisfactorily before any person is engaged or employed as a children’s worker (Children’s Act 2014, s 25).
Te Rūnanga o NgāiTakoto undertakes safety checks before engaging or employing both core workers and non-core workers.
Te Rūnanga o NgāiTakoto also undertakes safety checks of any volunteer or other worker whose role is comparable with that of a paid children’s worker.

Te Rūnanga o NgāiTakoto will only inform families/whānau about suspected or actual abuse after discussions
with the appropriate official agencies.

SAFE PRACTICE GUIDELINES
As far as possible, staff members should avoid situations where they are alone with a child or children.
Wherever possible, staff members should adopt “open door” practices to avoid situations where they are alone with a child or children. Toilets are an exception to this general practice.
Staff members should at all times know the whereabouts of children for whom they are responsible. Except in emergencies, staff members should avoid being alone when transporting a child or children.
Except in emergencies, children are not to be taken from the premises of Te Rūnanga o NgāiTakoto, or from any Te Rūnanga o NgāiTakoto programme, without the written consent of the responsible parent or caregiver.
Visitors should be monitored at all times by a staff member.
Parents or caregivers should be advised in advance of any activities which require staff members to have physical contact with a child or children (e.g., swimming or gymnastics).
If possible, parents or caregivers or an outside agency should be involved where a child requires assistance (e.g., to cope with a physical or intellectual disability). If assistance is not available, staff members must be made aware of the appropriate techniques and procedures for giving assistance.

PROCEDURE WHEN DISCLOSURE OF ABUSE
In the event that a child discloses any instance of abuse or neglect to a staff member, the staff member should follow this process:

 

1. 1. Listen to the child, provide reassurance, and ask open questions (e.g., What happened next?)

1. 1. If the child is obviously distressed, provide appropriate reassurance and engage the child in supervised activities until able to participate in ordinary activities.

1. 1. If the child is not in immediate danger, get the child involved in ordinary activities and explain what the staff member plans to do next.

1. 1. If the child is in immediate danger, contact the Police.

1. 1. Record the disclosure in writing as soon as possible.
      o Make a verbatim record of what the child said, as nearly as possible.
      o Record dates, times, locations and names that might be relevant.
      o Record the factual concerns of observations that have led to the suspicion of abuse or neglect.
      o Record the details of any action taken by the staff member.
      o Note any other relevant information.

1. 1. Discuss concerns with the staff member’s manager or the designated person for child protection.

1. 1. Notify the relevant authorities (e.g., Ministry of Children Oranga Tamariki or the Police) if there is reason to believe that the child is suffering abuse or neglect, or likely to do so.

PROCEDURE WHEN ALLEGATION MADE AGAINST STAFF MEMBER
Any complaints or allegations of misconduct against a staff member of Te Rūnanga o NgāiTakoto must be reported to the Chief Executive immediately.
Any complaints or allegations of misconduct against the Chief Executive of Te Rūnanga o NgāiTakoto must be reported to the Trust Chairperson immediately.
In order to protect the child or children, the staff member, and Te Rūnanga o NgāiTakoto, there can be no exceptions to this rule. The failure to make a complaint or report an allegation immediately will be treated as a very serious matter.
When a complaint or allegation is reported, the Chief Executive may decide that, to protect the child, the staff member should be removed from the particular role or the work environment. This is subject to the duty of good faith and any relevant provisions in an employment agreement or other contract.
Once Te Rūnanga o NgāiTakoto is satisfied regarding the safety of the child or children concerned, the complaint or allegation will be investigated in accordance with the organisation’s procedure Workplace investigations.

SAFETY CHECKS FOR CHILDREN’S WORKERS
The Children’s Act 2014 contains definitions that are relevant for this part of the procedure. They include:
Children’s worker – a person who works in, or provides a regulated service, and the person’s work–
a) may or does involve regular or overnight contact with a child or children (other than with children who are co-workers); and
b) takes place without a parent or guardian of the child, or of each child, being present.
Core worker – a children’s worker whose work in or providing a regulated service requires or allows that, when the person is present with a child or children in the course of that work, the person –
(a) is the only children’s worker present; or
(b) is the children’s worker who has primary responsibility for, or authority over, the child or children present.
Non-core worker – a children’s worker who is not a core worker.
Regulated service – any of the services listed in Schedule 1 of the Children’s Act. This is an extensive list of services in the welfare, support, justice, health, education, transport, policing and local authority sectors.
Safety check – the requirements for safety checks for core workers and non-core workers are set out in section 31 of the Children’s Act and in regulations made under section 32 of the Act.
Specified offence – offences under the Crimes Act 1961, the Films, Videos, and Publications Classification Act 1993 and the Customs and Excise Act 2018 that are listed in Schedule 2 of the Children’s Act.
Te Rūnanga o NgāiTakoto must ensure that a safety check is completed satisfactorily before any person is engaged or employed as a children’s worker (Children’s Act 2014, s 25).
Te Rūnanga o NgāiTakoto undertakes safety checks before engaging or employing both core workers and non-core workers.
Te Rūnanga o NgāiTakoto also undertakes safety checks of any volunteer or other worker whose role is comparable with that of a paid children’s worker.