Child Protection Policy

A hard copy version of the Child Protection Policy is available in the policies and procedures folder at 15 Onslow Street.

Created: February 2021

Last Revised: August 2023

Next Revision: On or before the 1st of March, 2024

1. Introduction

1.1 Overview

Kumarani Productions Trust (KPT) provides a variety of services and programmes to children and youth aged between 0 to 18 years. It is our goal to ensure that we deliver services in supportive, safe, and nurturing environments. All young people have the right to develop physically, intellectually and socially in a safe environment, free from any forms of abuse or neglect. Their welfare, interests and safety are paramount. 

As such, KPT is serious about ensuring the wellbeing and safety of children, including preventing child abuse or neglect. This Child Protection Policy (CPP) provides guidance to KPT employees, contractors, and volunteers on how to identify and respond to concerns about the wellbeing of a child, including possible abuse or neglect. 

For the purposes of this Child Protection Policy ‘contributors’ is defined as all permanent, fixed term, part-time, contracted and volunteer staff employed/engaged by KPT projects and activities. 

Contributors will not assume responsibility beyond the level of their experience and training. Our organisation commits to ensure contributor have access to the training they need. 

Kumarani Productions Trust’s CPP, along with our other policies and procedures, adheres to the legal requirements, sector licensing criteria and standards, and accreditation standards requirements. We commit to supporting the statutory agencies (Oranga Tamariki (formally known as Child, Youth and Family), and the New Zealand Police) to investigate abuse and will report suspected cases and concerns to these agencies as per the process in this policy. 

Kumarani Productions Trust and all projects that Kumarani Productions Trust supports, including Circus Kumarani and Northland Circus Festival, adheres to the legal obligations set out in the Children's Act 2014, and in a manner consistent with section 4A of the Oranga Tamariki Act 1989. It is consistent with Oranga Tamariki, and the New Zealand Police (the Police) guidelines and will be updated when new guidance is issued. 

This policy was authorised by the Kumarani Productions Trust Board of Trustees. 

The Designated Person for Child Protection on behalf of the Board is Brigitte Fowler, supported by Tania Whetu Bracey-Brown as Trust Manager.

A digital copy can be found on our website at www.circuskumarani.co.nz/childprotection. 

This policy is due to be updated on or before 1/3/2024.

1.2 Purpose

As an organisation that delivers services and programmes to all people of all ages and abilities, we are well placed to contribute to the protection of all children. We have a responsibility to ensure that our contributors can identify the signs of possible abuse or neglect, and sets out what we do if we suspect abuse or neglect. 

The purpose of this CPP is to imbed a culture of keeping all people accessing and delivering our services free from abuse and neglect. It includes a focus on a culture of child protection that consistently safeguards and promotes the well-being of children. Kumarani Productions Trust is committed to working with our provider partners to build and promote this culture. 

1.3 Scope

The Kumarani Productions Trust Child Protection Policy applies to all staff employed, contracted to, or people volunteering with Kumarani Productions Trust (KPT contributors) and associated providers. 

This CPP provides a broad framework and expectiations to protect children, including but not limited to, KPT contributors behaviours in response to actual or suspected child abuse and neglect. It is intended to protect all children that contributors may encounter, including siblings, the children of adults accessing services, and any other children encountered by contributors as they provide their service.

KPT contributors have varying levels of contact with children depending on their role. Staff may have:

1. Regular, unsupervised access to children

2. Contact with children where other adults are present

3. Little or no contact with children.

Staff with limited or no contact with children may be in a position to identify systemic opportunities and weaknesses in the protection of children, and/or to promote a culture where the child, and child protection, is at the centre of all procedures, processes and decision-making.

In addition to guiding contributors to make referrals of suspected child abuse and neglect to the statutory agencies (Oranga Tamariki, and the Police) this policy will also help our contributors to identify and respond to the needs of the many vulnerable children whose wellbeing is of concern. 

We recognise that in many of these cases, the involvement of statutory agencies would be inappropriate and potentially harmful to the family / whānau. As such, it is important for our organisation to work with a network of supportive services to respond to the needs of vulnerable children and family / whānau in a manner proportionate to the level of need and risk. Contact details for agencies and services in our community are provided as an appendix to this policy. 

1.4 Responsibilities

Managers are responsible for ensuring their contributors understand and adhere to this policy. They are expected to ensure that contributors have undertaken appropriate training associated with this policy. 

1.5 Publication and review

Part 2 of the Vulnerable Children Act requires that child protection policies be adopted by children's services (which KPT is one) as soon as practicable. This policy must:

• Contain, at a minium, provisions on the identification and reporting of child abuse and neglect in accordance with section 15 of the Oranga Tamariki Act 1989

• Be published on the Kumarani Productions Trust website

• Be reviewed every 3 years

KPT also chooses to report on the implementation of this CPP in our Annual Report. 

1.6 Definitions

The following definitions apply to this policy:

• Abuse – the harming (whether physically, emotionally or sexually), ill-treatment, neglect or deprivation of any child

• Neglect – the persistent failure to meet a child’s basic physical or psychological needs, leading to adverse or impaired physical or emotional functioning or development

• Child – any child or young person aged under 17 years, and who is not married or in a civil union

• Child protection – activities carried out to ensure that children are safe in cases where there is suspected abuse or neglect or the risk of abuse or neglect

• Designated person for child protection – the manager/supervisor or designated person responsible for providing advice and support to contributors where they have a concern about an individual child or who want advice about the child protection policy

• Disclosure – information given to a contributors member by the child, parent or caregiver or third party in relation to abuse or neglect

• Oranga Tamariki – the agency responsible for investigating and responding to suspected abuse and neglect and for providing a statutory response to children found to be in need of care and protection. Formally known as Child, Youth and Family.

• New Zealand Police – the agency responsible for responding to situations where a child is in immediate danger and for working with Oranga Tamariki in child protection work, including investigating cases of abuse or neglect where an offence may have occurred

• Children’s services – any organisation that provides services to children or to adults where contact with children may be part of the service. These organisations should have child protection policies. Organisations that provide services to adults who may be caring for or parenting children should also consider developing a policy, e.g., adult mental health and addiction services

• Safer recruitment – following good practice processes for pre-employment checking which help manage the risk of unsuitable persons entering the children’s workforce

• Standard safety checking – the process of safer recruitment that will be mandatory for organisations covered by the Vulnerable Children Act 2014

• Workforce restriction – a restriction on the employment or engagement of people with certain specified convictions under the Vulnerable Children Act 2014

• Children’s workforce/children’s workers – people who work with children, or who have regular contact with children, as part of their roles

• Contributors - any paid employee, contractor, or volunteer who engages in activities that support KPT

• Physical abuse – any acts that may result in the physical harm of a child or young person. It can be, but is not limited to: bruising, cutting, hitting, beating, biting, burning, causing abrasions, strangulation, suffocation, drowning, poisoning and fabricated or induced illness.

• Sexual abuse – any acts that involve forcing or enticing a child to take part in sexual activities, whether or not they are aware of what is happening. Sexual abuse can be, but is not limited to:

  • Contact abuse: touching breasts, genital/anal fondling, masturbation, oral sex, penetrative or non-penetrative contact with the anus or genitals, encouraging the child to perform such acts on the perpetrator or another, involvement of the child in activities for the purposes of pornography or prostitution

  • Non-contact abuse: exhibitionism, voyeurism, exposure to pornographic or sexual imagery, inappropriate photography or depictions of sexual or suggestive behaviours or comments.

• Emotional abuse – any act or omission that results in adverse or impaired psychological, social, intellectual and emotional functioning or development. This can include:

  • Patterns of isolation, degradation, constant criticism or negative comparison to others. Isolating, corrupting, exploiting or terrorising a child can also be emotional abuse.

  • Exposure to family/whānau or intimate partner violence.

• Neglect – neglect is the most common form of abuse, and although the effects may not be as obvious as physical abuse, it is just as serious. Neglect can be:

  • Physical (not providing the necessities of life, like a warm place, food and clothing).

  • Emotional (not providing comfort, attention and love).

  • Neglectful supervision (leaving children without someone safe looking after them).

  • Medical neglect (not taking care of health needs).

  • Educational neglect (allowing chronic truancy, failure to enrol in education or inattention to education needs).

2 Policy

2.1 Key Principles 

2.1.1 Principles of Child Protection

As a community-based organisation, many of the principles listed below are considered values we encompass in everything we do. With a strong focus on engaging all ages and abilities in circus arts, we are committed to making our workshops and events safe and supportive for children. We believe that it is important to capture and reinforce these values alongside our more child protection specific principles. These principles apply to every contributor. 

Our child protection principles are:

1. Making the safety and wellbeing of children our primary concern, with the child at the center of all decision-making when responding to suspected abuse or neglect. 

2. Promoting a culture where contributors feel confident to constructively challenge poor practice and raise issues of concern. 

3. Recognition of the culture of the family/whānau, its importance and the rights of family/whānau to participate in decision-making about their children unless this would result in an escalation of risk to the child.

4. All contributors know they can report suspected child abuse and neglect to Oranga Tamariki or the New Zealand Police.

2.1.2 Commitments to Child Protection

Our commitments are: 

1. A commitment to work together to improve the well-being of all children, with a particular focus on the well-being of children with greater needs. 

2. A commitment to mitigate impacts of child poverty and socio-economic disadvantage experienced by children.

3. A commitment to work together to produce the best possible outcomes for the child and to work towards continuous improvement in child protection practices, and all policies and initiatives are designed to promote (be inclusive of) a child protection culture. 

4. A commitment to develop and maintain links with iwi, Pasifika and other cultural community groups and to ensure that important cultural concepts (e.g. whakamanawa, whakapapa, te reo Māori, tikanga, kaitiakitanga, wairuatanga) are integrated, as appropriate, into practice.

5. A commitment to open and transparent relationships with clients/service users, including being willing to share concerns about child safety issues with the family/whānau unless this would result in an escalation of risk.

6. An organisational commitment to support all contributors to work in accordance with the policy, to work with partner agencies and community organizations to ensure child protection policies are consistent and of high quality and to always comply with relevant legislative responsibilities. 

7. A commitment to share information in a timely way and to discuss any concerns about an individual child with colleagues, the manager/supervisor or the designated person for child protection.

8. A commitment to meet all existing statutory and contractual obligations, including matters relating to employment.

2.2 Employment

KPT is committed to reduce the risk of harm to children by requiring contributors that engage in work that involves regular contact with children to be safety checked though the New Zealand Police Vetting process before the employment or engagement commences. 

Staff that are engaged with KPT already will be re-checked 3 years after the date on which they were last checked. 

2.3 Training

KPT is committed to maintaining and increasing contributors awareness of how to prevent, recognise and respond to abuse through appropriate training. As part of their induction, new contributors are made aware of the policy on child protection. 

2.4 Identifying child abuse and neglect

Our approach to identifying abuse or neglect is guided by the following principles: 

• We understand that every situation is different and it’s important to consider all available information about the child and their environment before reaching conclusions. For example, behavioural concerns may be the result of life events, such as divorce, accidental injury, the arrival of a new sibling etc.

• We understand when we are concerned a child is showing signs of potential abuse or neglect we should talk to someone, either a colleague, manager/supervisor or the Designated Person for Child Protection – we shouldn’t act alone.

• While there are different definitions of abuse, the important thing is for us to consider overall wellbeing and the risk of harm to the child. It is not so important to be able to categorise the type of abuse or neglect.

• It is normal for us to feel uncertain, however, the important thing is that we should be able to recognise when something is wrong, especially if we notice a pattern forming or several signs that make us concerned.

• Exposure to intimate partner violence (IPV) is a form of child abuse. There is a high rate of co-occurrence between IPV and the physical abuse of children.

2.4.1 Potential indicators

Indicators are signs or symptoms that, when found either on their own or in various combinations, point to possible abuse, family violence or neglect. In many cases, indicators are found in combinations or clusters.

Indicators do not necessarily prove or mean that a child has been harmed. They are clues that alert us that abuse may have occurred and that a child may require help or protection. Sometimes indicators can result from life events which do not involve abuse, e.g. accidental injury, or behavioural concerns that may be the result of life events such as divorce or arrival of a new sibling etc. 

Below is a list of possible signs and information to support understanding of what indicators of abuse or neglect may be. More information can be found in the appendix of reference documents. 

Signs of potential abuse or neglect:

• Physical signs - e.g.,

  • Unexplained injuries, burns, bruises, welts, cuts, abrasions, fractures or dislocations

  • Unusual or excessive itching

  • Looking rough and uncared for, dirty

  • Underweight

• Developmental delays, changes or signs - e.g., 

  • Cognitive delays

  • Falling behind in school

  • Poor speech and social skills

• Emotional abuse / neglect - e.g., 

  • Sleep problems

  • Low self-esteem, sadness/loneliness, evidence of self-harm

  • Obsessive behaviour

  • Inability to cope in social situations

• Behavioural concerns - e.g., 

  • Fear of a certain person or place

  • Aggression

  • Anxiety 

  • Age-inappropriate sexual interest or play

  • Emotional withdrawal, disengagement / neediness

• Disclosure - e.g., 

  • The child talking about or subtly mentioning things that may indicate abuse

Other potential indicators:

• Parents seeming stressed or not coping on the money they have

• Drug or alcohol problems

• Parents not having friends or family to help

• Adults hitting or yelling

• Mental health problems

• Children are left home alone or seem to be neglected

• Children routinely not going to school

2.4.2 Situational awareness

Every situation is different and contributors will consider the available information about the child and their environment before reaching conclusions. 

Ask yourself these questions

• Is the child’s behaviour a sign of abuse or neglect, or are there other things going on in the family that could affect them?

• How is the child’s behaviour?

• How is the child’s development?

• Has the child or family hinted at, or said that something is wrong?

• Are there signs of family violence? 

• Do I sense the family is struggling, or the child is at risk in some way?

2.5 Reporting suspected abuse or neglect

If a contributor has a concern about a child’s safety or well-being they will, in all instances, report this to the manager or the designated person for child protection. This will be done at the first possible opportunity to best ensure the safety of the child.

The severity of the suspected abuse or neglect is not up to the contributors member to determine. The manager or designated person for child protection has the ultimate responsibility to ensure appropriate authorities are notified. 

In consultation with the manager or designated person for child protection, contributors should always respond if they suspect abuse or neglect of a child, regardless of who may be involved as follows: 

1. Contact the Police immediately if a child is in immediate danger.  The primary response must be to ensure the safety of the child.  

2. Contact Oranga Tamariki National Contact Centre to discuss appropriate steps where:

   1. A child has disclosed abuse or neglect (see table below)

   2. Abuse or neglect of a child has been disclosed by the person responsible

   3. A contributor has observed abuse or neglect, or suspects abuse or neglect on the basis of their own observations

   4. A third party has told a contributor of known child abuse or neglect, or of their suspicions of possible child abuse or neglect 

3. Contact local family/whanau social service providers where the concern is more of a general, wellbeing related concern and not specifically about abuse or neglect.  The services available Kaipara are listed in Appendix 1 

Before contacting Oranga Tamariki in relation to A above, or other organisations in relation to B above:

All contributors have a responsibility to discuss any child protection or wellbeing concerns with their manager or the designated person for child protection.

The manager or designated person for child protection has a responsibility to ensure that the appropriate authority is notified when a contributor informs them that a child has been, or is likely to be, or is suspected of being, abused or neglected. This extends to ensuring that all known information about the child, young person, and their siblings and family/whānau, is shared in full with the appropriate authority, to determine the most appropriate response (see section below on confidentiality and information sharing). It is therefore essential that the manager or designated person for child protection delegates this responsibility during times of absence and that their contributors are aware of the delegation.  

Where a third party has advised of the abuse, that person should be encouraged to report the information to Oranga Tamariki.  In the spirit of full ownership and collective responsibility for child protection, where a third party has been advised of the abuse, that person should be encouraged to report the information to Oranga Tamariki. The contributor should ensure that this is done by following up with Oranga Tamariki.

2.5.1 Confidentiality and information sharing

The Privacy Act 2020 and the Children, Young Persons, and Their Families Act 1989 (CYPF Act) allow information to be shared to keep children safe when abuse or suspected abuse is reported or investigated.

Advice should be sought from Oranga Tamariki and/or the Police before information about an allegation that may identify an individual is shared with anyone, other than the manager and/or designated person for child protection. 

Under sections 15 and 16 of the CYPF Act, any person who believes that a child has been, or is likely to be, harmed physically, emotionally or sexually, or ill-treated, abused, neglected or deprived may report the matter to Oranga Tamariki or the Police and, provided the report is made in good faith, no civil, criminal or disciplinary proceedings may be brought against them.

2.6 Responding to a child when a disclosure of abuse is made (click for Image)

2.7 Recording and notifying Oranga Tamariki of suspected child abuse or neglect (Click for image)

2.9 Responding allegations or concerns about Kumarani Productions Trust contributor specifically (Click for Image)

Appendix I - Contact Details of Local Agencies 

Oranga Tamariki (formally known as Child, Youth and Family) - Dedicated to supporting any child in New Zealand whose well being is at significant risk of harm now, or in the future. Their preferred method of contact is phone call.

Phone: 0508 Family (0508 326 459) (24 hours, 7 days a week)

Email: contact@ot.govt.nz 

Website: www.orangatamariki.govt.nz 

Family Violence Information Line - The Family Violence Information Line provides information and support to those affected by family harm and connects people to services where appropriate

Phone: 0800 456 450 (9am to 11pm, 7 days a week)

Website: www.areyouok.org.nz 

Miriam Center - 24-hour emergency response and assistance for children and young people who have suffered sexual or physical harm. 

Phone: 0800 80 1988 (24 hours, 7 days a week)

Email: miriam-center@xtra.co.nz

Locations: 22 Mill Road, Regent, Whangārei, and,

26 Puckey Avenue, Kaitaia

S.O.S Kaipara - SOS provide specialist support services for women, children and wider whānau affected by abuse and violence in the Kaipara District

Phone: 0800 88 33 00 or (09) 439 6070 (9:00am to 3:00pm, Monday to Friday)

Email: admin@soskaipara.co.nz or sosreferrals@soskaipara.co.nz 

Location: 158 Victoria Street, Dargaville

Kumarani Productions Trust Designated Person for Child Protection

Tommy Fowlie

Phone: 020 405 18770

Kumarani Productions Trust Manager

Tania Whetu Bracey-Brown 

Phone: 09 439 5152

A more comprehensive list of support services and providers in the Kaipara and Northland Region is available at https://www.healthpoint.co.nz/social-services/northland/kaipara/ 

Appendix II - Resource on Child Abuse or Neglect

• Oranga Tamariki website has a list of summary information to help identify child abuse https://www.orangatamariki.govt.nz/worried-about-a-child-tell-us/identify-abuse/

• Oranga Tamariki has developed the Working Together guide on inter-agency working to identify and respond to potential abuse and neglect. https://www.orangatamariki.govt.nz/assets/Uploads/Support-for-families/Support-programmes/Working-together-seminars/Working-together-guide-2020.pdf  

• Child Matters is a registered charitable trust that provides guidance, advice, education and support to protect children. http://www.childmatters.org.nz/24/learn-about-child-abuse 

• The Ministry of Health has also made guidance available in the health sector.http://www.health.govt.nz/our-work/preventative-health-wellness/family-violence/family-violenceguidelines and https://www.health.govt.nz/system/files/documents/pages/child-abuse-neglect-policy.pdf 

• Murphy, C. et al (2013) Understanding connections and relationships: Child maltreatment, intimate partner violence and parenting. NZ Family Violence Clearing House. Issues Paper 3. April.