IPCA Probes Police Placement of Youth Sans Consent

The Authority received four complaints from parents and guardians about Police placing their children or young people in the care of others without their consent. As the complaints raised similar issues, we decided to investigate them together. We expected Police would benefit from clearer guidance when they come across unaccompanied children and young people in situations where specific legislation does not apply, and we have made recommendations to this effect.

The children and young people who were the subject of the complaints were aged between 11 and 15 years old. They were either found by Police at a friend's house and did not want to go home or asked Police to take them to a friend's house because they did not want to, or could not, remain at home.

In their complaints, the parents and guardians expressed similar concerns that:

• Police failed to listen to their concerns and consider their views about where the child or young person should be placed.
• Police failed to communicate pertinent information including the address their child or young person was staying at and details of who they were with.
• Police failed to conduct appropriate checks to ensure it was a safe placement.
• Police failed to follow up with them or their child or young person after the placement.

The officers who dealt with these situations told us:

• They made pragmatic decisions, weighing the wishes of the parents and the children/young people and the risk posed to the child/young person.
• There were limited powers available to Police to uplift children/young people.
• They had difficulty contacting Oranga Tamariki ('OT') for assistance, and the help received could be of limited use.

We also spoke with managers from the Police Youth Response Team, OT and Mana Mokopuna to inform our conclusions and recommendations.

What are the powers available to Police when they find an unaccompanied child or young person?

Police have limited powers to remove, detain or move children under the Oranga Tamariki Act 1989 and place them with OT.

Section 48 of the Act provides that if officers find a child or young person, who is unaccompanied by their usual caregiver, in a situation where their physical or mental health is being or is likely to be harmed, they may either:

• return the child/young person home (provided the child/young person agrees, and their usual caregiver is willing or able to have custody of them); or
• place the child/young person in the care of OT.

Police should only use section 48 powers in the most serious circumstances, where they are satisfied that there is immediate risk to a child or young person's physical or mental health.

Our conclusions

In the absence of a Court order, Police have no power to remove a child/young person from a location, unless officers believe there is an immediate or ongoing risk to the child/young person's health, safety or wellbeing if they remain in their current situation.

Unless they are acting under a Court order or exercising their emergency powers under the Oranga Tamariki Act, Police cannot override the rights and responsibilities of parents and should obtain parental consent for any temporary placement of a child/young person away from their home.

1. Our investigation identified four key factors affecting the efficient and safe placement of children and young people when they are found unaccompanied by their caregiver:
2. There is a lack of clarity among Police staff on the interpretation of section 48.
3. There is uncertainty about procedure in situations where the child/young person does not want to remain at or return home, but the threshold for section 48 powers is not met.
4. Front line officers are unclear about what they should tell parents and guardians about the location of the child/young person if the child/young person or the temporary caregiver does not want that information shared.

OT and Police have a different understanding of the practicalities of obtaining OT support in real time.

These issues inhibit an officer's ability to act decisively in different situations, particularly situations not covered by section 48. Police officers assume responsibility for investigating and deciding on placements, despite having no legal powers to uplift children or place them with alternative carers.

Officers should speak directly to the child or young person, parents and proposed temporary caregivers and seek their views on the situation. However, we do not think that officers should be in the position of making decisions regarding care arrangements or withholding information from parents or guardians about the whereabouts of their child.

Police should seek support from OT:

• if an agreement cannot be reached about a child/young person's care arrangement; and/or
• the officer has concerns about a child/young person's wellbeing; and/or
• the child/temporary caregiver does not want to tell the parents where they are.

Our recommendations

The Authority understands Police and OT are working to refresh their guidance in respect of section 48 and Police are finalising a national training package for staff relating to section 48 placements.

However, there is currently no set guidance for officers in respect of situations not covered by section 48, where a child or young person is refusing to remain at or return home, but there is no immediate or ongoing risk to their physical or mental wellbeing in their current situation.

We have recommended that Police develop a protocol for officers to work through in these situations and produce a training package for frontline staff.

For its part, the Authority would like to be consulted during the development of the protocol and training package. We also strongly encourage Police to engage and consult with OT when working through these issues.

IPCA: 23-20198; 24-21231; 24-21637; 24-21596