The People's Inquiry Into Addressing Child Abuse and Domestic Violence

PeThe ple’s Rep rt The People’s Inquiry into Addressing Child Abuse and Domestic Violence 2014 PeThe ple’s Rep rt The People’s Inquiry into Addressing Child Abuse and Domestic Violence 2014 Prepared by Denise Wilson and Melinda Webber Peer reviewed by Associate Professor Nicola Attwool, Otago University Ms Marama Davidson Dr Michael Roguiski – Director, Kaitiaki Research & Evaluation Published by The Glenn Inquiry, 2014. In the interests of furthering public debate on these important issues, material in this report may be used freely. ISBN 978-0-473-28939-3 Chairman’s ForewORD 4 AcKNOWLEDGEMENT OF THE PARTICIPANTS 6 PREFACE 8 EXECUTIVE SUMMARY 10 INTRODUCTION 14 SECTION 1: HONOURING THEIR STORIES, THEIR LIVES 19 Children in Violent Homes 20 Types of Abuse and Violence 25 Physical Violence 26 Table of Table Sexual Abuse 28 Contents Emotional and Psychological Abuse 31 Financial Abuse 32 Normalisation of Abuse and Violence 34 Maintaining Factors 35 Society’s Attitudes 35 Alcohol and Other Drugs 35 System Failures 36 External factors 37 Perpetrators, Victims and Families 38 Sharing Their Experiences and Its Impact 39 Impacts of Child Abuse and Domestic Violence 40 Staying and Leaving 42 Freedom from Abuse and Violence 43 The Experience of Becoming Free from Abuse and Violence 43 Catalysts to become Free from Abuse and Violence 45 Breaking the Cycle 46 Interventions 48 Making a Difference 48 Advice for People Affected 49 Summary 50 SECTION 2: WHAT’S WORKING WELL 51 Characteristics of People Who Make a Difference 52 Characteristics of Helpful Services 53 Inter-agency Collaboration 53 Education Providers 56 Health Providers 58 Police 60 The Courts 61 THE PEOPLE’S REPORT: THE PEOPLE’S INQUIRY INTO ADDRESSING CHILD ABUSE AND DOMESTIC VIOLENCE 1 Family Court 61 Lawyers 62 Child, Youth and Family 62 Work and Income 64 Community Organisations 65 Women’s Refuge 66 Corrections 66 Accident Compensation Corporation (ACC) 67 Summary 68 Table of Table SECTION 3: WHAT’S NOT WORKING WELL 69 Contents Characteristics of People Who Make Things Difficult 70 Key Areas Requiring Attention 70 Funding 71 Lack of Inter-Agency Collaboration 73 Communication and Information-Sharing 74 Confidentiality, Privacy and Safety 76 No Right of Complaint or Redress 77 Culture of Drinking 78 Lack of Knowledge about Child Abuse and Domestic Violence 79 Government Organisations 82 Police 82 The Courts – Dysfunctional and Broken 84 Increasing Risks to Safety 86 Flawed Processes 87 Legal Aid 89 People Working in the Courts 92 Child Youth and Family 92 Accident Compensation Corporation (ACC) 93 Work and Income 95 Corrections 98 Health 99 Education 101 Community and Non-Government Organisations 104 Women’s Refuge 106 Summary 108 SECTION 4: DOING THINGS DIFFERENTLY – IDEAS FOR CHANGE 109 Zero Tolerance for Child Abuse and Domestic Violence 112 A Multi-Level, Multi-System Strategy and Approach 113 National Strategy 114 Government as Facilitator of Change 115 Education of Professionals and Other Frontline Workers 117 2 THE PEOPLE’S REPORT: THE PEOPLE’S INQUIRY INTO ADDRESSING CHILD ABUSE AND DOMESTIC VIOLENCE Inter-Agency Collaboration 117 Major Review of the Court System 118 Child Youth and Family 119 Social and Economic Development 120 Poverty 121 Community and Social Development 121 Attitudinal and Cultural Change 123 People and Families 124 Free, Long-Term Counselling 126 Code of Rights and Independent Complaints System 127 M¯aori 127 What is Not Working 129 Institutional Abuse 129 Funding of Community-Based Programmes 131 Kaupapa M¯aori Approach to Child Abuse and Domestic Violence 132 Including Tane 133 Trauma-Informed Holistic Approaches 134 Leadership 135 Summary 136 SECTION 5: TAKING ACTION 137 R: Refining Documentation to Eliminate Inaccuracies, Fragmentation and Errors 138 E: Early Intervention 143 S: Skilled Workforce – It Only Takes “One Champion” to make a Difference 144 P: Prevention via Education, Especially Children – Interrupting the Cycle 147 E: Equitable Approached and Targeted Programmes 151 Men 151 M¯aori 152 Migrant Women 153 Partners of Gang Members 153 C: Community Action – How Can Communities Intervene? 154 T: Tying It All Together – Inter-Agency Collaboration 156 Conclusion 158 SECTION 6: APPENDICES 161 Appendix 1: Panel and Skype Interview Questions 162 Appendix 2: Who Shared Their Experiences? 163 People Affected by Child Abuse and Domestic Violence 163 Frontline Workers 163 THE PEOPLE’S REPORT: THE PEOPLE’S INQUIRY INTO ADDRESSING CHILD ABUSE AND DOMESTIC VIOLENCE 3 CHAIRMAN’S Foreword Child abuse and domestic violence have been My career has been mainly in commercial occupying the minds of academics and policy- litigation and until I read their accounts I had no makers for a long time now in New Zealand. appreciation of the scale of the problem from a Reports have been written, recommendations made, victim’s perspective. As a lawyer and former judge and money spent, but the statistics keep getting I am very concerned about their experiences in the worse. Family violence continues to claim many Family Court and an adversarial justice system lives and ruin many others. Cynics might say the when there are imbalances of power and resources. Glenn Inquiry is just the latest in a long line of well- New Zealand leads the world in so many meaning attempts to solve an unsolvable problem. endeavours, yet in the family violence area we To the contrary, I believe it has every chance of trail badly. However, I know from my 10 years as a being a real catalyst for change, not least because of member of the Waitangi Tribunal, which has helped The People’s Report. educate the public on Treaty issues, just how much The report is the first part of the Inquiry’s work New Zealanders are capable of changing their designing a better system for dealing with attitudes when informed. The report underscores child abuse and domestic violence. What sets it the importance of a coordinated response to family apart is the way it has allowed so many victims violence and abuse which involves education as and frontline workers to tell their stories in an prevention. Participants are right to say that all our unvarnished way. It gives them a genuine voice children need to know what a healthy relationship in exposing the strengths and weaknesses of the looks like. present system. The report does not dictate, rather I am conscious that some voices do not come it recites what those most affected by family forward as strongly as others in the report, such as violence say happened to them, what worked people in same-sex relationships, Pasifika, migrants, and what did not. the disabled and women in gangs. More work is When I stepped down from the bench of the therefore required, but The People’s Report is a Supreme Court in 2010 I wanted to keep making giant start. a contribution to New Zealand. When Sir Owen The Inquiry has more work in train toward Glenn approached me last year to chair the producing the second stage of its work later this Inquiry he had set up I was presented with a real year, a Blueprint that will constitute a new model opportunity to make a difference in a major area of for addressing child abuse and domestic violence. national concern, and therefore had no hesitation in accepting his invitation. All this will count for little unless everyone is prepared to play a part and if those with the real The Inquiry has the advantage of being truly influence and power do not listen. We hope this independent of organs of the state. I can well report creates debate, and welcome public feedback understand why victims and people who work in or about solutions because nobody can claim to have rely on the current system would be cautious about all the answers. coming forward to a government inquiry to point out the failings of government agencies. Through I encourage people to exhort their community the Glenn Inquiry, these people have been able to leaders and MPs, present and prospective, to take speak freely and in safety. notice of the report. I challenge major political 4 THE PEOPLE’S REPORT: THE PEOPLE’S INQUIRY INTO ADDRESSING CHILD ABUSE AND DOMESTIC VIOLENCE parties to reach a cross-party accord that commits them to at least seriously consider the final outcome of this Inquiry, because a compelling message from the people’s stories is that the system is failing too many children and families, and has to change. I applaud the vision, determination and generosity of Sir Owen in taking up this cause in a way that has empowered some of our most wounded and vulnerable. I pay tribute to patron Dame Catherine Tizard for bringing wisdom and mana to an Inquiry where maintaining trust has been crucial to its work. And I thank the Inquiry Board and staff, particularly our chief executive Kirsten Rei, for their efforts and commitment in weathering many storms in order to complete The People’s Report. My thanks also to the consultants who have assisted us. Overall, I am left with an overriding impression of the courage of those who came forward to speak to the Inquiry. Their stories verify and reinforce the calls for change many frontline workers and service providers have been making for so long. There has been enough talking; the time has come for action. Bill Wilson QC Chairman The Glenn Inquiry THE PEOPLE’S REPORT: THE PEOPLE’S INQUIRY INTO ADDRESSING CHILD ABUSE AND DOMESTIC VIOLENCE 5 ACKNOWLEDGEMENT of the participants If the heart of the harakeke (flax plant) was removed, where will the bellbird sing? If I was asked, “what was the most important thing in the world?” I would be compelled to reply, “It is people, it is people, it is people!” 6 THE PEOPLE’S REPORT: THE PEOPLE’S INQUIRY INTO ADDRESSING CHILD ABUSE AND DOMESTIC VIOLENCE The Glenn Inquiry would not have been able to produce The People’s Report without those who bravely came forward to share their stories, thoughts, and suggestions for addressing child abuse and domestic violence in New Zealand.

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