Critical loopholes in the system turned Malachi Subecz into an “invisible child” who was abandoned by multiple agencies and his community, a sweeping review of the child’s murder has found.
A research into how government services could have intervened to prevent the murder of Malachi Subecz at the hands of his caretaker, Michaela Barriball, he identified “persistent holes in our safety nets and gaps” in a weak care and protection system.
“My job description calls for me to assess whether agencies within the system are interacting effectively. My assessment is that this is not the case,” said Dame Karen Poutasi’s report. “The system needs to be strengthened so that child protection is the responsibility of each agency, not just Oranga Tamariki.”
Poutasi, who led The Review of Children’s Sector Response to Abuse, has recommended mandatory reporting of child abuse in health care, welfare, education, child care, residential services and law enforcement.
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“How long do families and children have to wait for a system to understand and effectively apply its own policies and procedures? We must create the certainty and the compulsion to act now,” she said.
Mandatory reporting was one of 14 recommendations made to close five “critical gaps” that Malachi failed to do. Others included ensuring that carers of children of single parents who are in prison are vetted by Oranga Tamariki, linking and strengthening information sharing, adding health services to the Child Protection Protocol, and better monitoring child protection in pre-school and early childhood education.
Children’s Minister Kelvin Davis said the government had accepted nine recommendations and committed to carefully review the other five, including mandatory reporting and vetting of health care providers, to ensure there were no unintended consequences.
“It is essential that the system changes. Mistakes have been made and the government is determined to correct them so that they do not happen again.”
He was assured that senior Oranga Tamariki employees involved in Malachi’s case would “no longer work for the organization.”
Poutasi said Malachi became an “invisible child” because some tried to act but were not listened to, some were insecure and did not act, and some knew and chose not to act.
“At no point was the system able to penetrate and defeat Ms. Barriball’s continued efforts to cover up the repeated damage she inflicted on Malachi, which culminated in his assassination.
“There was an urgent need for a full picture of the risks to Malachi. Each agency had a piece of Malachi’s reality, but failed to register the red flags to bring it together at a glance.
Malachi was four years old when he was led from court by his killer on June 22, 2021. His mother, who was imprisoned, had entrusted Barriball with his care.
He died in Starship Hospital of blunt injuries inflicted by Barriball, 27, on Nov. 12, after days, weeks, and months of horrific torture, including being beaten against walls, burned, starved, standing for hours, beaten, deprived of medical care, and physically and psychologically abused.
Six government agencies, including Oranga Tamariki, the police, Corrections, the ministries of social development, education and health contributed assessments to Poutasi’s report, with input from Malachi’s family and experts.
DELIVERED
Adults could have intervened to prevent the death of Malachi Subecz, 5.
Evidence of multiple deficiencies
In her report, Poutasi said that Malachi was a gentle, kind and considerate child, who was also adventurous and charming. He was his mother’s “whole world,” she said.
Poutasi walked through the adult contact points where Malachi had failed.
Malachi was seen by multiple organizations, especially in Barriball’s first month under his wing — in just the nine days of June 21-30, 2021, there were 14 interactions with six agencies. But his vote was not a priority, Poutasi said.
Malachi’s family and stepfather earned several reports of concern to Oranga Tamariki which were closed after Malachi’s mother in jail said she was not worried.
Also a probation officer from the Department of Corrections contacted Oranga Tamariki with concerns about Malachi’s care, fearing that Malachi could be used as leverage to influence the judicial process.
The probation officer then contacted the prison intelligence team with the same concerns. The intelligence team discussed internally that the probation officer should report his concerns to the police, but the probation officer was not made aware of this.
Procedural issues in family court meant a custody hearing to place Malachi in the care of his extended family did not take place. Malachi was killed before it could be rescheduled.
Abbey’s Place Childcare Center took pictures of the abuse Malachi Subecz suffered before he was killed did not alert authorities to his extensive injuries.
Barribal took Malachi to the doctor on October 28 to get a letter saying he doesn’t have autism. At that time, there was an extensive burn on Malachi’s abdomen. “Ms. Barriball made no report of the severe burn on Malachi’s abdomen, and no physical examination was required, nor was anything taken.”
Four days later, he was transported to Starship Hospital with blunt trauma.
Poutasi also mentioned a meeting attended by Barriball and her whānau where at least one of Malachi’s injuries—a burn on his forehead—was apparent to some of those present. Growing up with Barriball, she falsely said he had already seen a doctor.
Barriball also sent text messages to her partner stating that, among other things she hated Malachi and was afraid she would kill himand to her sister and father who said she was too scared to take him to the hospital or seek medical attention in case she got into trouble.
What needs to change
Mandatory reporting should be enshrined in law, with clear guidelines and training required for all frontline workers and for employment with government agencies, Poutasi said.
Concerns about mandatory reporting included flooding the system with reports or discouraging parents from dealing with professionals. But these risks were already in play to some extent and could be mitigated by introducing risk categories, she said.
A parent who is in prison is a “red flag for risk,” and Oranga Tamariki should be involved in any case where an only parent faces a prison sentence, Poutasi said. Children should also be given legal representation.
More information sharing was needed, including medical records, and health authorities had to be party to the Child Protection Protocol, which mandates reporting suspected abuse to the police.
Monitoring of early childhood education centers (ECEs) regarding potential child abuse should be more active, and regular evaluation of the implementation of their child protection policies should be required.
“Young children, especially nonverbal ones, are particularly vulnerable and ECEs need to be particularly alert,” Poutasi said. “There should be regular checks that child protection policies are providing effective protection, not just that they are in place.”
The Ministry of Social Development should have a system in place to notify Oranga Tamariki when a caregiver who has not been assessed by Oranga Tamariki or authorized by the Family Court applies for single parent benefits or emergency housing.
There needed to be more interaction between iwi, whanau and non-governmental organizations in the field.
And there had to be an awareness campaign, she said. “Aotearoa just can’t afford to look away. As a society, we cannot continue to allow a cycle of abuse, criticism, outrage and suffering – and then retreat from the difficult challenges. There must be sustained, determined and bold change.”
The recommendations must be reviewed in a year’s time by the Independent Child Monitor.
Government agencies have said they will review their own processes and make changes as a result of the review.
from Malachi childcare, Abbey’s Place Childcare Centrewas closed by the Ministry of Education in October.
A separate inquiry by the Ombudsman in October found a “litany of failures” in Oranga Tamariki’s handling of the case in the months leading up to the case to the murder of Malachi.
Oranga Tamariki’s chief social worker conducted a separate investigation and found that the department had failed Malachi and his family in multiple ways.
In sentencing Barriball to life with a non-parole period of 17 years in June, Judge Paul Davison warned those who could have acted to prevent abuse of the child. “Adults could have taken steps to intervene … this is the clear lesson,” he said.