Police have been placing children in the care of others without their parents’ consent and without the legal power to do so, a watchdog has found.

The Independent Police Conduct Authority investigated 4 complaints from parents and guardians who said officers had moved their children or teenagers into someone else’s care without their agreement.

The children involved were aged between 11 and 15.

Some were found by police at a friend’s house and did not want to go home, while others asked officers to take them to a friend’s house because they did not want to, or could not, stay at home.

The parents raised similar concerns, saying police did not listen to their views, withheld key information including where their child was staying, failed to check the placement was safe, and did not follow up afterwards.

Officers told the Authority they had made pragmatic decisions, weighing the wishes of parents and children against the risk involved.

They said they had limited powers to remove children, struggled to reach Oranga Tamariki for help, and found the assistance offered was sometimes of little use.

Under section 48 of the Oranga Tamariki Act 1989, police can act only when they find an unaccompanied child whose physical or mental health is being harmed or is likely to be harmed.

In those cases, police can return the child home, provided the child agrees and a caregiver is willing and able, or place the child with Oranga Tamariki.

The Authority said those powers were intended for the most serious situations involving immediate risk.

Without a court order, police have no power to remove a child unless officers believe there is an immediate or ongoing risk to their safety or wellbeing.

The Authority said officers could not override the rights of parents and should obtain consent before placing a child away from home temporarily.

The investigation found confusion among officers over how section 48 should be applied, and uncertainty about what to do when a child refused to go home but the threshold for those powers was not met.

Officers were also unclear about what they could tell parents when a child or temporary caregiver did not want their location shared.

The Authority found police and Oranga Tamariki had different understandings of how easily real time support could be obtained.

It said officers were taking on responsibility for investigating and deciding on placements despite having no legal power to do so.

The Authority said officers should speak directly to the child, the parents and any proposed temporary caregiver, but should not make decisions about care arrangements or keep a child’s whereabouts from their parents.

It recommended police develop a protocol and training package for situations not covered by section 48, and said it wanted to be consulted as that work progressed.

Police and Oranga Tamariki are already refreshing their guidance on section 48, and police are finalising a national training package on placements made under it.

Police said they accepted the findings.

Assistant Commissioner Tusha Penny said section 48 did not cover many of the complex family situations officers regularly dealt with.

“If a child or young person doesn’t want to return to the care of their parent or caregiver, Police has a duty to understand why that is and take action to ensure their safety.”

Penny defended the officers involved in the 4 cases.

“It’s clear that in each of the four cases highlighted by the IPCA, Police staff have made well considered and thoughtful decisions with the young people’s safety in mind.

“In saying that, we’re always willing to learn and continuously improve our processes to ensure decisions are consistent, coordinated and focused on safety.”

Penny said national guidance on section 48 had recently been refreshed and was being delivered to frontline staff by Youth Aid practitioners.

“Some of these cases can be complex and we need to remember that children are ever reliant on adults to act in their best interests to ensure their safety.

“Police takes the ongoing safety of children seriously and in that spirit the decisions we make every day involve them and their families.

“We acknowledge that in some cases there are learnings and alternative options available. Ultimately, we all want what’s best for these children and young people.”