Seclusion and Restraint. Image of the door that was used to seclude Rovid Turnbull Ruru School

Open the door

Let out
Set free
Discovery and investigation
Floodgate
Abandoning the old and embracing the new

Seclusion

Unvoluntary confinement
Unable to freely exit
Alone

Restraint

purposely limiting or obstructing freedom
physical force to restrict, prevent, immobilize, subdue movement

We know New Zealand schools, in the past, used solitary confinement and physical force, mostly against neurodivergent and disabled students.  Intolerable restraint and seclusion of children and young people has been going on behind closed doors, against guidelines and policy.  We seek accountability by opening the door on abuse and agency cover-up, exposing the harm and trauma it causes, in hope that it will not be repeated.

ABOUT

10 years ago, in 2014, we discovered the dark and grimy storeroom used for seclusion at the school our son was attending. lt was barbaric. lt was a secret.

Quote from Victoria McDonald Ruru School Seclusion and Restraint

15 years earlier, before our children were even born, the Ministry of Education in New Zealand had provided schools with a systematic approach to the management of extreme behaviour. The Ministry made it clear then, that shutting students into rooms where they can’t get out, was aversive and placed students and staff at risk. lt warned schools not to use timeout rooms, as doing so could result in teachers and schools being accused of using inhumane and cruel punishments. But some schools did it anyway and no one was watching.

I viewed the safe room and found it to be dark and grimy.

Schools used emotive terms to describe these rooms e.g. concrete bunker, the cage and quick and dirty

Seclusion and Restraint

ROYAL COMMISSION OF INQUIRY INTO ABUSE IN CARE

Our names are Callum and Victoria Turnbull. Our son, Rovin Turnbull, experience physical and psychological abuse, including restraint and seclusion, while at school. This is our joint statement about our family's experience with the New Zealand education system, and our attempts to find out what happened to our son and seek accountability.

When our Witness Statement for the Royal Commission of Inquiry into Abuse in Care was finalized, we sent it to various agencies, organizations and people referenced in it.

Iona Holsted PUBLIC HEARING - 18 AUGUST 2022​

9:23:36

Seclusion and Restraint
David Wales PUBLIC HEARING - 18 AUGUST 2022​

11:57:16 to 12:42:30

Seclusion and Restraint
Iona Holsted PUBLIC HEARING - 18 AUGUST 2022​

14:55:55

Seclusion and Restraint

ROYAL COMMISSION WITNESS STATEMENT WAS SENT TO TEACHING COUNCIL OF AOTEAROA NEW ZEALAND

Teaching Council Logo

Thank you for your email. This was shared with Lesley (CE) and Pauline Barnes (DCE-Professional Services). I am reaching out to confirm the course of action you would like the council to take with your attached witness statement. We have identified some registered teachers in your statement which means the council could take this is as a complaint and begin the process of looking into the allegations.

In April 2023 we submitted formal complaints against 5 teachers to the Teaching Council of Aotearoa New Zealand. Multiple complaints were made against each teacher. The various complaints were detailed, with evidence, which included our Witness Statement to the Royal Commission.
On 20 September 2024 we received 5 generic decision letters from the Council.

Teaching Council of Aotearoa New Zealand - just another cog in the cover-up.

10 years ago today, was when we first saw the barbaric, dark and grimy storeroom that teachers and staff had been secretly shutting students in, for many years, at Ruru Specialist School in Invercargill. We were horrified. Abuse was the first thing that came to our minds.

..together we have carefully considered whether there are any further actions the Teaching Council could take on this matter. We have reached the decision that there are none.

Like you, the Ministry head used the Ombudsman investigation to deflect, fabricating investigations of the individuals.

Not only did your office fabricate investigation of individual teachers by the Ombudsman, it has also fabricated a response from the teacher – which is deceptive and dishonest.

COMPLAINTS AGAINST MINISTRY OF EDUCATION STAFF AND CONTRACTOR

We decided to make formal complaints against Ministry of Education staff and contractor soon after the teacher complaints were sent to the Teaching Council.

In June and July 2023, we sent complaints to the Secretary for Education, Iona Holsted.

Ministry of Education Logo

We followed up the serious complaints with letters to Hon Jan Tinetti (then Education Minister), as we waited for a response from Secretary for Education.

Nancy Bell, Hautu, Deputy Secretary for Education was asked to respond to our correspondence.

The themes you have raised in your correspondence over the last few months are interlinked, and largely relate to the conduct, or intent of former Ministry staff or contractors.

We wrote to the Chief Ombudsman, Judge Peter Boshier on 9 December 2023, seeking confirmation from him that he had reviewed matters, as referenced in response letter written by Nancy Bell. We included the complaints against Ministry of Education staff and conctractor, the response letter from Nancy Bell and The Use of Physical Restraint and Seclusion in Schools: Legal Issues paper written by Terri Johnstone Ministry of Education Contractor

We wrote to Nancy Bell on the 27 February 2024

We find your response unacceptable and inappropriate considering the nature and gravity of the accusations. We are talking about abuse of children and young people.

LETTER TO THE MINISTER OF EDUCATION

On the 9 April 2024 we wrote to Hon Erica Stanford – Minister of Education, after receiving a response letter from the Office of the Ombudsman.

The Ministry of Education has fabricated reviews by the Office of the Ombudsman in an attempt to exonerate the actions of Ministry staff.

Nancy Bell, Hautu, Deputy Secretary for Education sent us a new response letter on 1 July 2024. She advised she was rewording parts of her response letter dated 19 October 2023.

The Ombudsman has raised a concern that our letter to you suggested that specific matters in relation to your complaint about Christine Menzies and Murray Roberts were considered by the Ombudsman when they were not.

We wrote a formal complaint against Ministry of Education Hautu, Nancy Bell on 15 August 2024.

Ministerial intervention is required to ensure disabled and neurodivergent students are safe at school, especially those in segregated settings. It is heart­breaking to hear students are still being restrained and secluded in schools and that is still no proper complaints process.

To date, we have had no response from the Minister of Education.

INDEPENDENT POLICE CONDUCT AUTHORITY - IPCA

IPCA Logo

The 2016-2017 Police investigation was flawed because of Christine Menzies involvement and actions.

In relation to Ms Menzies: You have also raised concerns that the Police investigation was flawed. We cannot address the concerns about Police processes as that is a matter for Police. Any further concerns regarding the Police investigation should be raised directly with Police.

We had already made a formal complaint against Christine Menzies to Andrew Coster, New Zealand Police in July 2023.  In August 2023, Detective Inspector Shona Low travelled to Invercargill to interview Christine Menzies and then wrote us a letter in response to our complaint.
 
Under OIA we received a NZ Police Job Sheet with details of the interview – confirming Christine Menzies was aware of the guidelines that were about at the time. 
 
We arranged to meet with Detective Inspector Shona Low, who requested we submit any questions we had for her, prior to meeting.  At the meeting, which was recorded, Detective Inspector Shona Low answered most of our questions “I don’t know why.” “I don’t know!”  She said, “I’m not sure, I’m not in her brain.”
 
We provided evidence to Detective Inspector Shona Low, the reasons Christine Menzies gave her for withholding information from Police during the Police Investigation into allegations of abuse at Ruru Specialist School, were invalid and deceptive.

New Zealand Legislation Crimes Act 1961 – 111 False statements or declarations

On the 8 November 2023 we made a formal complaint to the Independent Police Conduct Authority (IPCA), against Detective Inspector Shona Low for her handling of our Police complaint against Christine Menzies.

She (Christine Menzies) said she complied with the Ministry’s internal protocols and took advice in accordance with those protocols in deciding what should be given to Police.

It was obvious to us internal protocol of this nature did not exist.

The official information confirms there was no ‘internal protocol’ that would allow Ministry staff to pick and choose what Ministry documents should be given to Police

Your complaint remains closed and the Authority will not respond to further correspondence.

..MoE internal protocols ‘relied on by Ms Menzies’ and ‘reviewed’ by the IPCA Case Resolution Panel, do not exist.

Christine Menzies withheld information from Police with the intention of misleading the 2016-2017 investigation into allegations of abuse of vulnerable children and young people. The reasons she gave Police are deceptive and have all been rebutted by evidence provided to Police and IPCA.

Your complaint remains closed and the Authority will not respond to further correspondence about this matter.

The Authority has either fabricated evidence or accepted fabricated evidence (after being informed) and rejected actual evidence and is therefore complicit in the cover-up.

WHANAKETIA - THROUGH PAIN AND TRAUMA FROM DARKNESS TO LIGHT

We all have a role to play in ensuring that Aotearoa New Zealand recognizes what happened and why, seeks to right those wrongs, and seeks to build a future where abuse and neglect has been eliminated. We now know that countless thousands of children, young people and adults in the care of State and faith­based institutions have been abused and neglected, at times by multiple abusers, and that this has occurred for generations. We all have a role in seeing that this does not continue.

Judge Coral Shaw – Chair
Dr Andrew Erueti – Commissioner
Paul Gibson QSO – Commissioner