The family of听Malachi Subecz听are asking 鈥淗ow many more children are going to be failed by the system?鈥 while politicians seek further advice on law changes recommended in the wake of his death.听
The five-year-old was brutally murdered by his caregiver in November 2021, and his death led to national outrage and three official government inquiries.听
Two investigated the failures of Oranga Tamariki staff after concerns were raised about Malachi while in the care of his eventual killer, which uncovered a number of mistakes.听
The third review by Dame Karen Poutasi, who has a long and distinguished career in the public service, explored how government agencies could better work together to stop another child from slipping through the gaps.听
The Poutasi report, published in December 2022, identified five 鈥渃ritical鈥 gaps and made 14 recommendations to the then Labour government to fix them.听
She also stressed that many of her conclusions repeated the findings of 33 previous reports on the topic of child abuse, written over the past 30 years.听
鈥淚 find it unacceptable that I need to once again make similar findings about how the system is - or is not - interacting,鈥 Dame Karen wrote.听
鈥淎s a society, we cannot continue to allow a cycle of abuse, review, outrage and distress - and then retreat from the difficult challenges.鈥听
Kelvin Davis, the Minister for Oranga Tamariki at the time, accepted nine of Dame Karen鈥檚 recommendations and ordered his agency to start work on implementing them.听
But three of those accepted recommendations, relating to monitoring of child protection at early childhood centres and defining the responsibilities of various government agencies, were never passed into law.听
Davis only pledged to 鈥渓ook carefully鈥 at the other five recommendations, which included mandatory reporting of suspected abuse by professionals who work with children.听
However, no decisions were made before Labour was removed from power at the election in October and the power now sits with a new Minister for Children, Act MP Karen Chhour.听
The delays have frustrated the family of Malachi Subecz who fought to care for the little boy before his death.听
Megan, who asked for her surname not to be published, sought guardianship of her cousin Malachi when his mother was sent to prison.听
She also raised concerns with Oranga Tamariki about听Michaela Barriball, the caregiver who went on to murder Malachi.听
One year after the听Herald听revealed the full circumstances of how Malachi came to be in Barriball鈥檚 custody, Megan vented her frustrations about how little has changed since his death.听
鈥淚t seems pointless to accept a recommendation if you are not willing and ready to take action. Which seems to be what has happened,鈥 she told the听Herald.听
Of the five recommendations that the Labour, and now National-led governments, are seeking more advice on, Megan believed two would have made the most difference for Malachi: mandatory reporting of suspected abuse and the automatic vetting of caregivers when a solo parent is imprisoned.听
But she is not optimistic that the necessary changes will be made, and questioned why the government was taking so long.听
鈥淎re they going to spend another two years 鈥榣ooking into鈥 it? How many more children are going to be failed by the system while the recommendations are 鈥榣ooked into?鈥,鈥 Megan said.听
In a written statement, Minister Karen Chhour did not give a timeline but said multiple government agencies have been working to address the recommendations of the Poutasi report.听
鈥淎 robust process is being undertaken, which includes working with stakeholders across the children鈥檚 system,鈥 Chhour said.听
鈥淎ddressing the issues identified by Dame Karen Poutasi is important to me, but the remaining recommendations are significant, and some require legislative change, so I am currently seeking advice on those.鈥听
Mandatory reporting of suspected abuse is likely to be the most controversial, according to a progress report published by Oranga Tamariki in September.听
The children鈥檚 agency held 40 meetings with experts and professionals from across the social, health, education and justice sectors in New Zealand, Australia and the United Kingdom.听
There were strong views both for and against mandatory reporting.听
鈥淭hose in favour of mandatory reporting emphasise the benefits of increased case identification and opportunity for early intervention to prevent, and respond to harm,鈥 the report said.听
鈥淭hose opposed to mandatory reporting highlight resource and capability concerns, both in terms of Oranga Tamariki and community ability to respond to increased referrals.鈥听
Jared Savage is an award-winning journalist who covers crime and justice issues, with a particular interest in organised crime. He joined the Herald in 2006, and is the author of听Gangland听and听Gangster鈥檚 Paradise.听
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