Care, Claims & Resolution FAQ's

Can I get my personal files?

Yes. You can get a copy of any files that either the Ministry of Social Development or Archives NZ holds on you. You can request these through the Care, Claims and Resolution Team (CCR) or through your local branch of Child, Youth and Family. These will be released to you under the terms of the Privacy Act (1993), and in some instances under the Official Information Act (1982).

We will release this information to you in full, unless there is a good reason not to.

If you want to search Archives NZ records for any records they may have on you or for old administrative records then you can do so at www.archway.archives.govt.nz/

Why are parts of my files blacked out?

You will receive all the information that we hold about you. Information about other people may be blacked out. If you have queries or concerns about particular deletions then you can discuss these with a member of the CCR team who will be able to provide a more detailed explanation.

We do not remove any information that might be evidence of possible abuse or neglect. We regard it as your legal right to receive this information.

What happens after I contact Care, Claims & Resolution team?

Within three weeks one of the Senior Social Work Advisors will ring you and arrange a meeting close to your home.

The purpose of the initial meeting is to give you the opportunity to talk with us about the concerns you have about your time in care and what your expectations of the Ministry are. We will also talk with you about whether there is any help you may need while we look into the matters you have raised with us.

Where is the meeting held?

The Senior Social Work Advisor will discuss with you where the meeting will be held. Sometimes we will meet at Child, Youth and Family or Work and Income offices but if you don’t feel comfortable with this we will organise a venue that suits you.

Can I bring someone with me?

You are welcome to bring a support person to the meeting with you. This could be a partner, counsellor or family member.

Do I need a lawyer?

You do not need a lawyer to meet with members of the Care, Claims & Resolution team but you can engage a lawyer at any time during the process if you wish.

How can I trust you to believe me?

The Senior Social Work Advisors are all Registered Social Workers and members of the Aotearoa New Zealand Association of Social Workers. They are very experienced social workers who adhere to the Social Work Code of Ethics.

What happens after the meeting?

Your case will be allocated to one of the Senior Social Work Advisors who will undertake a review into the care you received (called a Practice Review). This will involve reviewing any of your personal records that are held by the Ministry and possibly records of other people connected to your time in care such as siblings, other foster children, staff records etc. The Advisor may also contact former staff of the Ministry to discuss their recollections.

The Senior Social Work Advisor will visit you again at the completion of their review to provide you with feedback and to discuss the next step in the process. If you haven’t received the care you should have, we will offer an apology and discuss what can be done to put things right.

We will provide you with the information on which we have made decisions, and you will be able to comment on this.

How long does it take?

The current average time between an application being made and a claim being finally resolved is approximately 11 to 12 months; however this can vary depending on the amount of information to be covered.

What support is available for me during the process?

You can contact members of the Care, Claims & Resolution team during business hours through the toll free number 0508 326 459.  If you need extra support then counselling in your home district can be organised.

What will I get from this process?

Most people find the process of sharing their concerns with representatives of the Ministry to be extremely valuable. For example in some cases we are able to answer peoples’ questions about their past, like why they came into State care.
If there has been a failure in your care you will receive an apology from the Ministry of Social Development.

You may receive a financial payment if it appears you came to harm because of a failure of State care. When considering these amounts we consider what might be available through the Courts, ACC lump sum payments, and other sources.

Other forms of assistance and services may also be provided, including counselling and helping to locate lost family members. Some assistance can be made available prior to investigation of the matters you raise.

What happens if I don’t agree with the result?

The feedback meeting provides you with an opportunity to express your views on the findings of the practice review. We will do our best to resolve things with you, but if this is not possible then you can complain to the Ombudsman, or you are entitled to get legal advice with a view to filing a legal claim at any time during or after the process.

My child is / was in care, can I come to you?

Care, Claims and Resolution works with people who were in care themselves. We are unable to work with the parents or caregivers on behalf of people who were in care.

If you have a child who is currently in Child, Youth and Family care and you have concerns about that, then you can access the Child, Youth and Family Complaints process by either approaching your local CYF office, ringing the toll free number 0508 326 459 or checking their website : www.cyf.govt.nz/about-us/our-service-commitment

I'm a former staff member, what happens for me during this process?

It is possible that a Senior Social Work Advisor may contact you to discuss your involvement with a former case. Even if you can not remember specific details it can be very useful for the Advisor to discuss your recollections of general practices in the area where you worked.

If there are specific allegations made against you the Ministry can support independent legal advice for you and also organise counselling assistance.