Lawyer decries Oranga Tamariki’s failures in children’s access case heard in Nelson Family Court

The Family Court in Nelson has heard concerns over delays in processes by Oranga Tamariki, resulting in two children having minimal access to their parents. Photo / 123RF

• A lawyer has criticised Oranga Tamariki for failures in processes affecting two children’s contact with parents.
• John Sandston called the situation “by far the worst” in his 37 years in family law.
• Oranga Tamariki plans to refer the case to the Open Home Foundation for custody and guardianship support.

A lawyer acting for two children who have barely had contact with their parents for the past six months has heavily criticised Oranga Tamariki for failures in processes that have led to what he called “by far the worst” case in his 37 years in family law.

John Sandston, who is acting for the children, said they had been cast adrift by failures in processes that should have been put in place but weren’t.

It has meant the children, now in a different city to their parents, have had little contact with them since April, which was outside the terms of an agreed plan and a “disgrace”, Sandston told the Family Court in Nelson yesterday.

“The ministry has let these children down and they should be ashamed of themselves,” he said.

Fiona Emery and Samantha Allen, counsel for the children’s parents, were equally critical of the agency’s failure to get traction on the required paperwork.

“It’s unclear why things haven’t happened,” Allen said.

Family lawyer John Sandston called Oranga Tamariki's lack of progress on a case in which he was representing two children a "disgrace". Photo / Tracy Neal

At the hearing of an application for an access order, Judge Richard Russell said he had noted the “torrent of criticism filed” plus that expressed by the children’s parents and counsel representing them.

“This court is always concerned when reports and plans are not carried out as required in a timely way,” he said.

However, in the hours leading up to the judicial conference, Oranga Tamariki informed the court through its lawyer, Benjamin Hawthorne, that it would be making a referral to the Open Home Foundation to pick up the case, under a contractual arrangement that would see it take responsibility for the legal framework around custody and guardianship arrangements.

NZME’s Open Justice was permitted by the court to observe and report the proceedings of the case, which ultimately aimed to have the children returned home.

Oranga Tamariki said it now planned to engage with the foundation to provide support services as part of a plan for the children, but Open Home was yet to receive the particulars.

The children were placed in the custody of Oranga Tamariki in March and they were moved to the care of a family member in a different city in April, after an agreement at a family group conference.

Sandston said a regular access plan was not always adhered to, and that one of the parents had to apply to the court in recent weeks to ensure the agency made the agreed contact happen.

Emery said failures in the contact arrangement were happening as late as Wednesday evening, when a pre-arranged phone call was missed.

“Oranga Tamariki doesn’t appear to be managing that, or anything of this matter,” she said.

A four-month review directed in May was meant to have been available before a judicial conference last month, when a further direction was made for the review and report plan to be filed before yesterday’s hearing, which was not followed.

Judge Russell also noted that the judge who had presided over last month’s conference had recorded his concern that no social worker had been allocated to the children where they currently lived.

He said progress had been made in the 24 hours leading up to the hearing but if the Open Home Foundation did not agree to become involved, Oranga Tamariki had to remain responsible.

Sandston said he had no confidence Oranga Tamariki would play its part because, until yesterday, they had not done so.

Emery said her client had also lost faith and confidence in the agency being able to make decisions and now wanted Open Home to hold the orders.

“There have been major delays in this case and there are also concerns about the investigation into ongoing concerns about the caregiver,” she said.

However, Judge Russell said those concerns were not supported by any feedback in preliminary inquiries.

“It is incumbent on Oranga Tamariki to ensure a placement is safe.”

Judge Russell expected that the timeframe for the required plans and reports would now be followed, regardless of who was responsible.

The matter would be called next on November 12.

Sandston now wanted the ministry to fast-track an internal inquiry.

Oranga Tamariki told NZME that where issues with its practice were raised, where appropriate it would investigate, but it was unable to discuss case-specific details.

Tracy Neal is a Nelson-based Open Justice reporter at NZME. She was previously RNZ’s regional reporter in Nelson-Marlborough and has covered general news, including court and local government for the Nelson Mail.