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Section 132 Reports: A Deeper Look at Their Purpose and Process

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In Family Court cases involving guardianship or parenting orders or protection orders and high-conflict cases, a Section 132 Report can be a critical tool for the court in assessing the well-being of a child and understanding the family and parents’ position and background related to the children and if there are any current or previous (ROC’s) Reports of Concerns. Ordered at the discretion of a Family Court Judge, these reports are prepared by social workers from Oranga Tamariki and provide an independent assessment of the child’s circumstances.

What Does a Section 132 Report Involve?

When a Section 132 Report is ordered, the social worker, often referred to as the report writer, conducts an in-depth investigation into the child’s situation. This may involve:

  • Home Visits: The report writer may visit the households of both parents (and any other caregivers) to assess the child’s living environment.
  • Interviews: Parents, caregivers, the child (if appropriate), and other relevant people (such as teachers or doctors) may be interviewed.
  • Police Vetting and Background Checks: The social worker might obtain police vetting, criminal records, or CYRAS (Child, Youth and Family database) reports for the parties involved and any other individuals living with the child.
  • Reviewing Other Reports: If there are previous Oranga Tamariki involvement records or other professional assessments, these may be considered.

Types of Section 132 Reports

There is no single standard format for a Section 132 Report. The Family Court may direct a report to be prepared based on the specific needs of the case. There are two primary types of reports:

  • General Report (Standard Brief): This provides a broad overview of the child’s situation, including their living arrangements, relationships, and any concerns about their well-being.
  • Limited Report (Limited Brief): This focuses on specific issues, such as allegations of family violence, substance abuse, or a parent’s ability to meet the child’s needs.

A party involved in the proceedings can request a specific brief or suggest additional areas to be covered in the standard brief. This allows the report to address concerns that may be particularly relevant to the case. Read more on this link Page 6- JOINT PROTOCOL MINISTRY OF JUSTICE AND ORANGA TAMARIKI

Can a Section 132 Report Be Updated?

Yes. If a significant amount of time passes before the court makes a final decision, or if circumstances change, the report can be updated to reflect new developments. This ensures that the court has the most accurate and up-to-date information when determining what is in the best interests of the child. It is up to the Judge to direct an update of the s132 report.

Access to the Section 132 Report

A lawyer appointed for the child under the Care of Children Act 2004 may only give or show the Section 132 Report to the child if a Family Court Judge or Family Court Associate expressly orders it. However, in every case, the lawyer must explain the purpose and contents of the report to the child, unless the lawyer determines that doing so would not be in the child’s welfare and best interests. Section 134 applies in accessing court documents. Also read this case law about accessing court reports.

If a party has no lawyer acting for that party and a Family Court Judge or Family Court Associate is satisfied that information in the report would, if provided directly to that party, place the child concerned or another person at risk of physical abuse, sexual abuse, or psychological abuse, the Judge or Family Court Associate may withhold certain information or impose conditions on access.

Who Can Order a Section 132 Report?

A Section 132 Report can be ordered by:

  • A self-represented party: If you are representing yourself in Family Court, you may apply for a Section 132 Report.
  • A lawyer representing a party: If you have legal representation, your lawyer can request the report on your behalf.
  • The lawyer for the child: The court-appointed lawyer for the child may also request a Section 132 Report.

A request for a Section 132 Report, particularly one with a specific brief related to the child’s safety or concerns about family violence, should be made through a memorandum to the Judge or during a direction conference explaining why it is important.

The Role of the Report in Family Court Proceedings

Once completed, the Section 132 Report is submitted to the Family Court, where it becomes part of the evidence in the case. While the report is influential, it does not determine the outcome on its own. Parents have the opportunity to respond to its findings, and in some cases, additional reports may be ordered. The social worker who prepared the report may also be called to court as witness to provide further explanation.

Conclusion

A Section 132 Report serves as an independent assessment to help the Family Court make informed decisions about a child’s care. Whether general or limited, these reports provide insight into a child’s living situation and the people around them. While the process can feel intrusive for parents, its purpose is to ensure that the child’s safety and well-being remain the court’s primary focus. You can find more information about the s132 on these links: Page 6- JOINT PROTOCOL MINISTRY OF JUSTICE AND ORANGA TAMARIKI and Section 132 brief .

 

Disclaimer: This information is provided for general informational purposes only and does not constitute legal advice. The details contained in this blog are accurate as of the time of writing, but laws and procedures may change. If you require legal advice, please consult a qualified legal professional.

 

 

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