Impact assessment required before final decision on use of force in youth boot camps – Children’s Commissioner

Photo: 123rf

A thorough impact assessment must be carried out before any final decision is made on the use of force against children in boot camps, says the Children’s Commissioner.

It comes after a the leaked ministerial briefing showed Children’s Minister Karen Chhour acknowledged that giving boot camp providers the power to use force would increase the risk of abuse in custody.

The Cabinet approved the use of physical force against young offenders to protect themselves or others or to prevent them from escaping.

Prime Minister Christopher Luxon said on Tuesday that force would only be used where necessary.

“They are used as a last resort and the reality of the situation is that we have serious young offenders … who will end up in situations that require restraint.

“This has to be used under very, very strict guidelines. But a big part of our focus has to be and has to continue to be that we have the right protection, the right protection.”

Talking to morning report, Children’s Commissioner Dr Claire Achmad said she had not seen the leaked document but it focused on how children are cared for.

She said children in boot camps had the hardest life experiences, had mental health problems and were “disproportionately Māori mokopuna” and had disabilities such as fetal alcohol spectrum disorder (FASD).

She said evidence from Royal Commission of Inquiry into Care Abuse showed how force against children can cause serious harm.

Achmad said “we have to be very cautious here” and take time to thoroughly analyze the issue from all angles of children’s rights.

Children’s Commissioner Dr Claire Achmad.
Photo: RNZ / Cole Eastham-Farrelly

She said she would not want force to be used against children in a situation where they are deprived of their liberty.

“There are alternatives available to de-escalate situations, such as building strong relationships and engagement with young people in those settings, having the right specialist teams and capacity in place, but given that is being considered, what I’m saying is that we need you to take the time to consider a thorough child impact assessment before making any final decisions here.”

Achmad said she had written to Oranga Tamariki with her concerns about the use of force and other rights of kaupapa children.

She said she would have liked the organization to hire her sooner to seek her expert opinion in the policy process, but that didn’t happen.

He had yet to hear back from Oranga Tamariki, but was looking forward to further engagement with the organization over the next few weeks.

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