Department of Child, Youth and Family information sheet
An Ombudsman cannot investigate:
- Decisions to take children into care when a Court order has been made that the child is in need of care and protection.
- Decisions relating to custody and access of children.
This is because decisions about the care and protection of children, and custody and access decisions, are made by the Family Court. An Ombudsman is not able to intervene in court proceedings. If there is a concern as to whether the Department has acted properly in taking a child into care, then it is for the Family Court to determine the best interests of the child.
In this situation, legal advice should be sought.
An Ombudsman may investigate:
Child, Youth and Family actions which are not related to custody or access decisions. For example:
- the manner in which the Department acted in uplifting a child;
- the standard of service provided by social workers;
- delays in responding to correspondence;
- failure to respond to telephone calls;
- failure to comply with Departmental procedures; or
- the way in which the Department has investigated a concern about the care and protection of a child.
However, as an Ombudsman’s investigation is one of last resort, the matter should first be raised with the Ministry of Social Development, of which CYFS is a part. A complaint can be made in writing to:
The Chief Executive
Ministry of Social Development
PO Box 12 136
WELLINGTON
If the Ministry does not provide a satisfactory response, a complaint may then be made to an Ombudsman.