MSASS Child Protection Policy
"Take care of our children. Take care of what they hear, take care of what they see, take care of what they feel. For how the children grow, so will be the shape of Aotearoa" (Dame Whina Cooper)
Intent
Safety and protection from abuse, exploitation and neglect is central to our kaupapa and is everyone's business. When a rangatahi is being hurt, at risk of harm or where they are hurting someone else, inaction is not an option.
We will be guided by Te Aorerekura National Strategy to Eliminate Family Violence and Sexual Violence and respond to abuse in ways that are known to work:
an organisational culture that is open about the risk of abuse
a collaborative and holistic approach
preventative and/or timely response
responsive to intersectionalities of culture, age, gender, sexuality and disability
prioritise the safety of victim-survivors and their tamariki
ongoing capacity building aligned to the Aorerekura family violence Entry to Expert Workforce Capability Framework.
This policy applies to all kaimahi, volunteers/kaiawhina, contractors, and any other person engaged by MSASS who may have contact with children/young people or access to information about them. For more specific guidance on responding to and reporting child abuse concerns, responding where allegations are made against team members and for abuse of vulnerable adults, see the relevant policies.
Definitions
Abuse: Any act or omission that causes harm, is likely to cause harm, or puts a tamaiti/rangatahi at risk. Types of abuse include:
Physical abuse: The infliction or attempted infliction of physical injury, including shaking, hitting, beating, burning, biting, poisoning, or otherwise causing harm. This may also include fabrication of symptoms or deliberate withholding of medical care.
Sexual abuse: Any act involving forcing, enticing or coercing a tamaiti/rangatahi into sexual activities, whether or not the tamaiti/rangatahi is aware of what is happening. This includes sexual exploitation, grooming, indecent exposure, inappropriate touching, and encouraging or forcing a tamaiti/rangatahi to view or produce sexual images, including online harm.
Emotional/psychological abuse: Persistent emotional ill-treatment that adversely affects a tamaiti/rangatahi's emotional development. This includes isolation, humiliation, threats, intimidation, rejection, excessive criticism, exposure to domestic violence, or any behaviour causing fear, anxiety, or emotional harm.
Neglect: Failure to provide for and protect a tamaiti/rangatahi's basic needs. Types of neglect include:
Physical neglect - Not providing food, clothing, shelter, or safety.
Medical neglect - Failing to provide necessary medical or mental health treatment.
Supervisory neglect - Inadequate supervision, leaving a tamaiti/rangatahi without reasonable care, or exposing them to dangerous environments or situations.
Educational neglect - Not ensuring the tamaiti/rangatahi's right to education.
Exposure to family violence/coercive control: When a tamaiti/rangatahi witnesses, hears, or is otherwise affected by violence, threats, intimidation, controlling behaviour, or abuse in their whānau/home. This includes situations where the harm is not directly targeted at them.
Peer-to-peer harm/harmful sexual behaviour/harmful behaviour by tamariki/rangatahi: Abusive, harmful, or concerning behaviour by one tamaiti/rangatahi towards another - eg bullying, sexualised behaviours, physical assault, harassment, or coercive conduct - that requires a safety response.
Report of concern: A report made to Oranga Tamariki or the Police about concerns for a tamaiti/rangatahi's safety or wellbeing.
Children’s worker: A role defined by the Children's Act 2014, involving regular work with tamariki/rangatahi and requiring safety checking. (See Background and Child Safety Checks)
Procedural fairness: Ensuring a fair process for any person alleged to have caused harm. This includes clear communication about process (where appropriate), impartial decision-making, and no predetermination - while always prioritising the safety and wellbeing of tamariki/rangatahi.
Settlement agreement: refers to an agreement that allows a staff member to resign without disciplinary action being taken
Responsibilities
Management will:
ensure team members who work with clients are trained to implement this policy (e.g. trained in signs of abuse, reporting and process for responding to child protection concerns)
follow up on abuse concerns
address systemic deficits that could contribute to abuse or non-detection of abuse
lead an organisational culture that:
models respect for dignity and rights to safety and equality
promotes zero tolerance for abuse
promotes early intervention and reporting of abuse by young people, staff and volunteers.
if necessary, designate a staff member, with sufficient training and experience to lead child protection issues in MSASS.
Staff/kaimahi and volunteers will:
understand and comply with this policy and organisational processes for reporting and responding to abuse concerns
act professionally at all times and desist from any abusive or harmful action against rangatahi
communicate this policy to those we work with
report abuse concerns and any deficit in knowledge, systems or processes that could contribute to abuse or prevent detection of abuse.
The Child Protection /Safeguarding delegate(s) will:
advise and support kaimahi to implement this policy
ensure they maintain their knowledge and skills in child protection
fulfill such other responsibilities agreed with management.
Practice Principles
These principles must be applied in our practice:
The safety, wellbeing and best interests of a child/rangatahi are paramount.
Young people have a right to participate in decisions that concern them unless this is unsafe or impracticable.
Reporting serious harm and risk to appropriate authorities is more important than maintaining confidentiality about it.
Protection from abuse is a basic human right
The well-being of a child or rangatahi is integrally tied to the well-being of their whānau and support system.
Families/whānau will be involved in decision-making about their tamariki where it is safe and in the best interests of tamariki.
Recognition of and responses to abuse must be sensitive to developmental stage and age, impact of disability (eg cognitive disability), culture, gender and sexuality preferences.
Concerns about harm, including allegations against kaimahi and volunteers, will be taken seriously and appropriately followed up.
No one should act alone when following up on abuse concerns.
See here - for the principles and standards of Te Aorerekura National Strategy to Eliminate Family Violence and Sexual Violence, applicable to specialist family violence services and generalist services who are in contact with people using or affected by family violence.
See here - for the Entry to Expert Standards of Te Aorerekura National Strategy to Eliminate Family Violence and Sexual Violence.
Requirements
Staff training and checks
When relevant, staff training will align with the Entry to Expert Standards of Te Aorerekura National Strategy to Eliminate Family Violence and Sexual Violence. It will be responsive to the skills and knowledge of kaimahi and to the nature of our work. But, at minimum, all staff and volunteers will have training in:
how to identify and respond to common signs and indicators of abuse and neglect, and
the process for notifying concerns of child abuse and neglect under section 15 of the Oranga Tamariki Act 1989.
Background checks will be undertaken with kaimahi and volunteers/kaiawhina that are appropriate to their role and responsibilities. If working regularly with tamariki and rangatahi, kaimahi will be child safety checked.
Provide information
Information will be given in an accessible way to those we work with so that they understand:
how to recognise abuse and raise and report concerns about abuse within MSASS
how we prioritise the safety and best interests of tamariki/rangatahi
our feedback and complaints process
when and why we will report concerns to Police, Oranga Tamariki.
If appropriate, whānau will be provided with information about child abuse, alternative discipline strategies and/or parenting support services and programmes.
Safe practice and early intervention
Kaimahi/kaiawhina must use safe practices with tamariki/ rangatahi, follow our policies and access advice from internal and external colleagues about safe practice, as necessary.
Prevention of abuse will be a key focus along with a holistic approach to individual and whānau wellbeing.
Tamariki/ rangatahi must not be physically punished, disciplined or treated in any way that is degrading, humiliating or likely to cause fear or anxiety. Alternative methods must be used to manage behaviour eg behaviour supports.
Kaimahi will be alert to and consult with management, or an appropriate colleague, if there are any signs a child or associated person is suffering or perpetrating abuse. This includes disclosures and incidents of coercion or control that together might indicate a pattern of abuse.
Kaimahi will report abuse concerns in accordance with our policies (eg Responding to abuse, exploitation and neglect.)
Allegations against kaimahi
Allegations against kaimahi about abuse must be immediately forwarded to management or to the next level up if an allegation is against management. The Responding to allegations against team members policy will apply.
Collaboration
Relationships will be built with organisations and practitioners who work with victim-survivors, people who use violence and can support a holistic response for clients/whānau of diverse cultures and identities.
System issues
Policies and practices will be periodically reviewed to identify and check for gaps, which may contribute to or mean risks of child abuse are undetected. Appropriate corrective action will be taken as necessary.
Accountability
"Settlement agreements" will not be used if an abuse allegation is substantiated against a team member and the agreement would be contrary to protecting tamariki/ rangatahi from abuse.
Reasonable care will be taken to ensure that non-disclosure agreements and confidentiality clauses are not used to prevent appropriate disclosure and responses to abuse concerns.
Specialist Advice and Support
Provision of advice
Authorised kaimahi may provide specialist advice and support for those who seek help when concerned about a child who has, or may have, suffered sexual harm.
If it is considered that a Report of Concern or referral needs to be made to the New Zealand Police and Oranga Tamariki, authorised staff will advise the third party to report their concerns, and how to do that. If the staff member believes that a third party will not report and that the tamaiti/child is at risk, the staff member, in consultation with the designated person for child protection or other appropriate person/manager will inform Oranga Tamariki and the Police of their concerns.
Compliance
Social Sector Accreditation Standards Level 2, Community wellbeing 1.0-4.0; Client services & programmes 1.0-3.0, Health & Safety, 2.0
NZS 8134:2021 Our Rights 1.5
Children's Act 2014
Health and Disability Commissioner (Code of Health and Disability Services Consumers' Rights) Regulations 1996
Family Violence Act 2018
Helpful links
Health and Disability Commissioner (Code of Health and Disability Services Consumers' Rights) Regulations 1996
Te Aorerekura, Specialist Family Violence Organisational Standards
Te Aorerekura, Entry to Expert Family Violence Capability Framework
Working together to support tamariki, rangatahi and their whānau
Child Matters, Empowering People & Organisations with Proven Safeguarding and Child Protection Strategies
Whistleblowing
Let's talk videos
Background and Child Safety Checks
Reviewed: November 2024
Next Review: October 2026