Mandatory reporting of abuse divides experts

The call for mandatory child-abuse reporting has split those who work in the field, with some pushing for urgent change to protect abused and neglected children, while others fear it will needlessly pull Mā ori families into child-protection services and swamp the system.

An investigation into how government departments could have intervened to prevent 5-year-old Malachi Subecz’s murder at the hands of his caregiver, released on Thursday, is the latest critical report on the childprotection system, including from the Waitangi Tribunal. Mandatory reporting was one of 14 recommendations, and one the Government said it will look at carefully, but hasn’t accepted.

University of Otago associate professor Emily Keddell said mandatory reporting was a knee-jerk reaction because reports were made about Malachi’s welfare, they just were not acted on.

Malachi’s former daycare has since had its licence cancelled after failing to meet conditions around child safety. He had attended with visible wounds, which were photographed, days before his death. A family member, Malachi’s stepfather and a probation officer also made reports to Oranga Tamariki.

Mandatory reporting would greatly impact Mā ori tamariki and their whānau, as a result of racism, Keddell said.

‘‘Allowing people to act on their suspicions exacerbates tendency towards racism. Mā ori really bear the brunt of those assumptions.’’

She said it was impossible to control people’s behaviours at all times and more useful to address the social causes of child abuse, such as poverty and poor housing, and trying to reduce harm before it happened.

Further, the system wasn’t serving Māori well now, ‘‘so why pull more into it?’’

Victoria University law lecturer Luke Fitzmaurice, whose PhD research focused on kaupapa Māori approaches to children’s rights, said it was extremely disappointing there had been little change in the sector, despite significant reports on its failings. This meant there was a greater need for more fundamental change – but that wasn’t mandatory reporting.

‘‘The urge to want to do something is a natural one, and it is a good one, but there’s a risk that a knee-jerk reaction can have an opposite effect,’’ he said.

However, Jane Searle, a former lawyer and child-abuse detective who heads Child Matters, said successive governments had found the same gaps, and made similar recommendations. She said the system needed to be strengthened urgently.

Meanwhile, the child-welfare system continued to struggle to help vulnerable families in need – with eight children killed in the year since Malachi was murdered.

‘‘If we had a stronger system, and that includes mandatory reporting, then Malachi could still be alive,’’ she said.

Fears Oranga Tamariki would be overwhelmed with cases and unable to act was not a good enough reason to not legislate for mandatory reporting, she said. Meanwhile, the system was already failing Mā ori and Pasifika children.

‘‘If you have mandatory reporting you have got to have clear legislation and then training, without this it is not going to work. But currently the system isn’t working for Mā ori and Pasifika children as it is. If we do the right training and the system is done well I don’t feel how they could be any worse that what we have currently got.’’