Last updated: 20/03/2025

Policy

Reports to the Ombudsman – section 47

We must provide a report to the Ombudsman where te tamaiti or rangatahi is in the custody of the chief executive by way of a section 39, 40 or 42 warrant and is released from that custody within 5 days without being brought before the Family Court.

Updates made to this policy

This policy has been updated to reflect the following legal requirements:

The person responsible for preparing and sending the report is the person who released te tamaiti or rangatahi from the custody granted by the warrant (not the person who placed te tamaiti or rangatahi in custody as previously).
We must provide more specific information about any follow-up action for te tamaiti or rangatahi.

Practice framework prompts for this policy

Our practice is framed in te Tiriti o Waitangi (the Treaty of Waitangi), based on a mana-enhancing paradigm for practice and draws from te ao Māori principles of oranga, within the context of our role in statutory child protection and youth justice in Aotearoa New Zealand. Our practice framework helps us make sense of and organise our practice.

Ngākau whakairo

How does completing a section 47 report help me to deliver on my professional obligations and uphold the right of te tamaiti or rangatahi and whānau or family to a high-quality service?

Ngākau whakairo practice framework domain

Whai mātauranga

What narratives are driving the development of my report? How am I including the narratives of te tamaiti or rangatahi and their whānau and family within the section 47 report?

Whai mātauranga practice framework domain

Whai oranga

How have I written the section 47 report with oranga framing? How will I present their oranga needs in ways that strengthen their mana?

Whai oranga practice framework domain

Whai pūkenga

What skills do I need to complete the report? Who do I need to work with to get the section 47 report completed?

Whai pūkenga practice framework domain

Whai ākona

How am I reflecting on my values, knowledge, beliefs and biases regarding my practice under sections 39, 40 and 42 while writing the section 47 report? How does this affect my mahi and how am I sharing my reflections with my colleagues?

Whai ākona practice framework domain

When this policy applies

We are required to write and send a report to the Ombudsman when:

te tamaiti or rangatahi is placed in the custody of the chief executive by way of a warrant (under sections 39, 40 or 42 of the Oranga Tamariki Act 1989), and
is released from the custody granted by that warrant within 5 days without being brought before the Family Court on application by the chief executive.

A section 47 report is still required even if a care agreement (section 139 or 140) is made after te tamaiti or rangatahi is released from the custody of the chief executive granted by the warrant. This is because a care agreement does not require te tamaiti or rangatahi to be brought before the Family Court.
Pathways to care: Emergency actions

Responsibility for writing the section 47 report

The social worker who made the decision to release te tamaiti or rangatahi from the custody granted by the warrant must write the report.

The social worker must consult with their supervisor and the report must be endorsed by the site practice leader.

What must be covered in the report

We are legally required to include the following details in a section 47 report:

where te tamaiti or rangatahi was placed in the custody of the chief executive by way of a warrant issued under section 39 or section 40, the grounds on which that warrant was issued and the reason why te tamaiti or rangatahi was placed in the chief executive's custody
where te tamaiti or rangatahi was placed in the custody of the chief executive by way of a warrant under section 42, the reasons why they were placed in the chief executive's custody
where and with whom te tamaiti or rangatahi was living while in the chief executive's custody
whether a medical examination of te tamaiti or rangatahi was undertaken under section 53
the findings or results of any medical examination undertaken
the reason for releasing te tamaiti or rangatahi from custody
the details of any follow-up action, where needed, in relation to te tamaiti or rangatahi, including the proposed plan for the action, who is responsible for the action, and the timeframe for the action.

The chief executive under section 53 may, with the consent of any parent or guardian of te tamaiti or rangatahi, arrange for te tamaiti or rangatahi to be medically examined by a qualified health practitioner.
Legal provisions for medical examinations

Writing the section 47 report

We use the report template located in the Court Record in CYRAS.

The section 47 report will be informed by our assessment report for te tamaiti or rangatahi, which articulates our understanding of oranga and safety, harm and the risk of harm, the decisions that came from our analysis, and any planned actions.

If we are preparing a report following a warrant executed by Police, we may need to seek information from Police to ensure we understand the grounds on which a section 39 or section 40 warrant was issued and the reason te tamaiti or rangatahi was placed in the custody of the chief executive by way of a warrant under sections 39, 40 or 42.

Sending section 47 reports to the Ombudsman

A section 47 report must be sent to the Ombudsman as soon as practicable after te tamaiti or rangatahi leaves the custody granted by the warrant.

Once endorsed by the site practice leader, the social worker who wrote the section 47 report must email it to nss_issues@ot.govt.nz, who will send it to the Ombudsman.

The social worker must not send the section 47 report directly to the Ombudsman.