The Ombudsman has found a “litany of failures” in Oranga Tamariki (OT)’s treatment of: Malachi Subecz’s case in the months leading up to his murder and says the agency should apologize.
“Oranga Tamariki’s own law and policy puts a child’s well-being at the center of decision-making that affects that child. Malachis wider whānau expressed concerns about his well-being at the hands of his caretaker.
“I can only describe” Oranga Tamarikis response as a litany of failures,” said Chief Ombudsman Peter Boshier.
Boshier said OT failed to take the ‘absolute minimum’ action due to security concerns Malachi raised by his family after a worrying report was made in June 2021. This included failing to report the abuse to police after the OT family provided a photo of a suspected bruised eye.
READ MORE:
* The Boy Who Could Name Any Dinosaur: ‘We Tried to Save It,’ Says Family
* Pictures of abuse by Malachi Subecz only reached police after his murder
* Children’s minister Kelvin Davis wants answers from Oranga Tamariki about murdered 5-year-old
“A number of things are believed to happen following a concern report in cases where a child is at risk of harm or neglect and if an investigation is found to be necessary or desirable.
“If an investigation is initiated, Oranga Tamariki is required to do an assessment, followed by a safety and risk screen — the screen identifies whether immediate action is required to ensure the child’s safety.”
Boshier says these steps were not taken.
OT spoke to . instead Malachis mother in prison, who was not concerned about his placement with the caretaker, and decided not to take any further action. Boshier says this decision was wrong.
DELIVERED
Malachi Subecz, 5, died at Starship Hospital on November 12, 2021.
“Malachi’s well-being and interests were not prioritized; they were instead mistakenly believed to be addressed or nullified by his mother’s approval of his caregiver, despite evidence that he may not be safe.”
The family previously told stuff they sounded the alarm twice with Oranga Tamariki within a week of Malachi being entrusted to the care of his killer in two different offices. They say this was partly to provide Oranga Tamariki with pictures of Malachi’s bruises.
Malachi’s aunt Helen Menzies said they fought to get Oranga Tamariki, the police and the family court to take their concerns for Malachi’s safety seriously.
Malachi was murdered by his caretaker, Michaela Barriballand died in hospital on November 12, 2021. He lived in a shack at the back of a property in Te Puna, where he was tortured months before his death.
Barriball was sentenced to life in prison on June 30 with a 17-year unconditional period.
Malachi was posted in Barriball’s care at the request of his mother, who was in prison on June 22, 2011. His Wellington family wanted custody and Barriball opposed their requests. She received benefits for taking care of Malachi.
The family says they begged the mother to let him come to them, but she said it was her decision. Menzies says the family called the court and informed OT of their concerns on June 23.
On Saturday, June 26, they say they asked Barriball to send pictures of Malachi. She says those photos revealed bruises on his face.
The family reported the suspected abuse and their ongoing concerns to Oranga Tamariki in Paraparaumu on Monday, June 28, and were told it had been transferred to Tauranga.
Oranga Tamariki is conducting its own case study into the circumstances leading up to Malachi’s murder, led by chief social worker Peter Whitcombe and an independent reviewer.
A comprehensive assessment of Malachi’s deathwhich will investigate how six government departments that came into contact with Malachi could have prevented his death, is expected to report in December.
The Review of Children’s Sector Response to Abuse is led by Dame Karen Poutasi.
The nursery where Malachi attended, Abbey’s Place Childcare Centre, was closed this week by the Ministry of Education. That nursery saw and photographed extensive injuries, but failed to report them to authorities.
Malachi’s nephew and uncle who lodged the Ombudsman’s complaint said in a statement that they were encouraged by the Ombudsman’s assessment, which showed that OT had mismanaged his case.
“There is no doubt that Malachi would still be alive if Oranga Tamariki had acted correctly.
“OT continues to treat us with contempt, as evidenced by their refusal to apologize until afterward, and only if their internal practice assessment reveals shortcomings. It is for this reason that we have no confidence in an internal assessment – only that which is independent, such as the assessment of Dame Karen Poutasi,” said his uncle.