Govt agencies 'minimised, overlooked' harm to Tom Phillips' children, inquiry finds

Government agencies “underplayed, minimised or overlooked” the harm Tom Phillips caused to his three children during almost four years of isolation. 

The finding is one of many in a damning report released following the inquiry into the children’s disappearance in the remote Marokopa area, which began in December 2021 and ended when Phillips was shot and killed by police on September 8 last year. 

The inquiry, conducted by Simon Moore, KC, was critical of police and Oranga Tamariki for not adequately appreciating the “concerns of the maternal whānau” and panned poor communication between the two agencies, while noting the “care, diligence and commitment” shown by agency staff including from the Defence Force. 

The inquiry’s nine recommendations have been accepted by the Government. They include Oranga Tamariki ensuring police reports of concern are “understood, rather than listed”, amending the Oranga Tamariki Act regarding sibling reports of concern and police reviewing policies so their concerns are fully explained. 

Minister Louise Upston, who is responsible for the Government’s response to the inquiry, says she is “deeply sorry” that the agencies “did not take all practical steps” to protect the Phillips children. 

“Significant opportunities were missed, particularly between the two disappearances,” Upston said, and while the agencies “worked well together at times, a more consistent and collaborative interagency approach could have prevented the children’s disappearance the second time and brought them back sooner”. 

Upston and agency heads are holding a press conference following the release of the report about 1pm. A livestream will be played at the top of this article. 

In a statement, Upston pointed to police strengthening its missing persons policy to include instances where children are deliberately concealed or isolated, while also updating procedures to ensure senior oversight and appropriate resourcing was applied to complex investigations. 

Police, Oranga Tamariki and Health New Zealand Te Whatu Ora had also updated child protection protocols to recognise more forms of harm and updating training for children’s workers to better identify abuse. 

Police Commissioner Richard Chambers, noting the “complex and unique situation”, acknowledged the police’s investigation was not given the appropriate level of “focus and resource” and accepted there were “gaps in information-sharing and follow-up discussions” with Oranga Tamariki. 

The inquiry report canvassed how the police’s initial report of concern to Oranga Tamariki, following Phillips’ disappearance in September 2021, was prompt but “lacked key and critical explanations for the concerns it raised”, including how police considered Phillips had staged his death and that of his children. 

Concerns about future actions to isolate the children were not appropriately conveyed. While Oranga Tamariki was found to have acted swiftly following the police’s report, the inquiry found agency staff were “largely dismissive of multiple concerns raised by the maternal family”. 

The report said that on October 6, 2021, Oranga Tamariki reported to the Family Court that the children were “completely fine” and that, in the circumstances, there may not be need for further Oranga Tamariki involvement. 

“Oranga Tamariki did not inform the court of the concerns of the maternal family, or the ongoing police investigation and concerns. It should have,” the report read. 

“Had police and Oranga Tamariki worked more closely and collaboratively during this early stage, the taking of the children by Tom Phillips a second time could have been prevented or, at least, made more difficult.” 

More to come ... 

Adam Pearse is the Deputy Political Editor and part of the NZ Herald’s Press Gallery team based at Parliament in Wellington. He has worked for NZME since 2018, reporting for the Northern Advocate in Whangārei and the Herald in Auckland.