Oranga Tamariki blunder: Mother accused of being unfit offered more compensation

Anna had her identity mistaken for another woman for 20 years. Illustration / Andrew Louis

A woman who was accused of being an unfit mother by Oranga Tamariki in a case of mistaken identity has been given a second offer of compensation.

The Herald on Sunday revealed in April last year that Anna - not her real name - had her file merged with another woman, who has a similar name, for 20 years. During that time, she pleaded with Oranga Tamariki to correct the errors, but they failed to do so.

The agency had accused Anna of being violent to her family, hiding children, benefit fraud and neglect. Her four children were left traumatised after they were removed from Anna’s care by the agency and placed in a home that was exposed to physical abuse.

Since the error was first made in 2002, life has been anguish for the North Island mother. She says she has tried to take her own life five times, leaving her children destabilised and disconnected.

Last year, Oranga Tamariki acknowledged the case of mistaken identity and breach of privacy and apologised for the “deep distress” caused.

Anna then took her case to the Privacy Commission and the Human Rights Review Tribunal.

Oranga Tamariki offered her $50,000 in July last year, which she rejected.

Oranga Tamariki - Ministry for Children and Ministry of Social Development offices on Queen Street in Papakura. Photo / Jason Oxenham

In a new letter, obtained by the Herald on Sunday, Oranga Tamariki is offering the mother-of-four an additional $3000.

The $53,000 is the full and final settlement which covers counselling and therapy for Anna and her whānau.

She will receive another apology from senior management, and the agency will address any concerns with Anna’s file.

But before she agrees to the settlement, Anna wants an assurance that OT will apologise to her children.

“It’s not about me going for more money it’s about accountability for my children,” she said.

“It’s important Oranga Tamariki apologises to my kids to say they stuffed up. I don’t know what else there is to help my children heal, we have tried everything to help them, and nothing has worked. I also want my kids to know you can’t get away with treating people the way they were treated.”

By accepting the payment, Anna must stop pursuing legal action with the Human Rights Review Tribunal, negotiate any other payments, and is required to hand over files from the other family, the letter said.

Caz Anderson, DCE people, culture & enabling services, said in a statement: “Oranga Tamariki reiterates its most sincere apologies to [Anna], her whānau, and all of those who have been affected by this error.

“We would like to again wholeheartedly acknowledge that the organisation should have addressed this issue when it first came to our attention and can confirm we have corrected the issues relating to the file.

“We are unable to answer your questions regarding the timing of the settlement process as this is now being managed by the director of human rights proceedings at the Human Rights Commission.

“We will not compromise [Anna’s] privacy and that of her whānau any further, therefore we are not willing to go into case details.”

Anna said the privacy breach is not the only thing she is angry about.

“Why were my kids removed under false pretences to begin with? I had begged for OT not to put them in a violent home, but they did. When they tried to run away they were sent back there. The 50 grand, I’ll take it, sweet as, but this isn’t about me, my fight has always been for my kids to get justice. My son is lost. I am the one that has had to deal with him when he plays up or feels suicidal. OT has minimised and lumped all our grievances in one bundle.”

After years of trying to prove she was not the other woman, Anna found the father of the children involved in the identity mix-up who corroborated her story.

The father told the Herald on Sunday Oranga Tamariki should have helped the two families rather than destroying them.

He isn’t pursuing legal action and is happy for Anna to keep his family’s file.

“I think it is almost a breach of your human rights if you settle with OT over the breach of privacy. This is disgraceful. OT cocked up so they should make the offer, not expect families to jump through more hoops to get compensated.

“How do you put a price on 20 years of hurt, humiliation and anxiety Anna has gone through and the impact on her health and her children? The price they put on it is disgusting.”

Anna says she is beginning to heal and in a good space. She no longer needs to take anxiety medication and has a job that gives her a sense of purpose.

She will seek legal advice before she decides on any settlement.

“There is so much wrong here I don’t want to sign my rights away.”

Carolyne Meng-Yee is an Auckland- based investigative journalist. She has worked for the Herald since 2007 and was previously a commissioner at TVNZ and a current affairs producer for 60 minutes, 20/20 and Sunday.