Health New Zealand is re-checking the credentials of staff who work with children across the country, after a whistle-blower went to the Ombudsman.
Chief Ombudsman John Allen, in his final opinion on the case published on Tuesday, said a hospital staff member told them child safety checks for contractors, including police vetting, had not been carried out for some years at the hospital where they worked.
Their identity was protected under the Protected Disclosures Act 2022.
The Ombudsman raised the matter with Health NZ in January last year, which then audited five hospitals: Bay of Plenty, Lakes, Tairāwhiti, Nelson-Marlborough and Canterbury.
Then, concerned by the audit's results, the Ombudsman launched his own investigation, and found Health NZ had not been following the proper vetting processes required by law for nine years.
Health NZ agreed to update its processes across the country. (File photo) Photo: RNZ / Dan Cook
Allen's report says: "Based on the information before me, I have formed the opinion that Health NZ and a range of District Health Boards (including Bay of Plenty, Canterbury, Lakes, Nelson-Marlborough and Tairāwhiti) have acted contrary to law by failing to undertake checks required by the Children's Act and Regulations."
He said Health NZ had agreed to update its processes across the country and create a central safety hub, as well as carrying out national audits and monitoring compliance to make sure children are protected.
Robyn Shearer, Health NZ's interim chief HR officer, said the protection of children in their care was of the "utmost importance to our clinical staff and Health NZ".
They were in the process of re-checking every children's worker on their books, and updating their recruitment process across all districts, she said.
"We want to assure parents and guardians that they can trust our staff to provide excellent care to unwell children."
Health NZ accepted the Ombudsman's findings and acted quickly.
"We have worked hard to address the issues identified by the Ombudsman and are confident we have an appropriate level of rigour around our recruitment and contracting processes."
"We acknowledge the importance of whistleblowing and encourage our people to speak up where they have concerns. We appreciate the seriousness of this situation and the role played by this individual to ensure it was raised and addressed."
Allen said the changes demonstrated how individuals could make a real difference by speaking up.
"The whistle-blower showed great courage and commitment in this case and, by speaking out, their disclosure led to changes not just in one hospital but nationwide."
The whistle-blower, who wished to remain anonymous, said in a statement released along with the Ombudsman's own comments: "I'm so grateful, extremely pleased and impressed by the outcome of the investigation and the thoroughness and care that was taken to come to this decision.
They said if it had managed to save even one child from harm, they were "ecstatic".
"I have peace knowing that the processes put into place will be sufficient to ensure that doesn't happen again, especially as there is oversight and reporting now," they said.
Allen said he hoped this would have a positive impact on other sectors working with children.
"There is a need for better co-ordination across the public sector to improve the monitoring and oversight of safety checks," he said. "There is a strong case for one agency to have overall responsibility to make sure that vetting occurs."
Children's Commissioner Dr Claire Achmad. Photo: RNZ / Cole Eastham-Farrelly
Children's Commissioner Dr Claire Achmad said it was a clear example of the system failing to prioritise children, despite clear laws, and the findings should have an impact across the wider system.
"Regular safety checks for all people working with children are essential - that's why the law requires them across public sector agencies.
"These checks help to keep children safe and prevent harm. I'm appalled that mandatory safety checks had not been undertaken in some hospitals for nine years."
She agreed system-wide improvements were needed, and all agencies should internally ask some hard questions of their own systems and processes.
"I am pleased to see Health NZ Te Whatu Ora's immediate response... that it is strengthening nationwide safety checks for all adults working with children in hospitals. It's important that New Zealand's children and their families have assurance that everyone who should be safety checked is safety checked."
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