Second Gloriavale school review as lawyers prepare for High Court challenge

Safety concerns hang over Gloriavale Christian School, where more than 80 children continue to be taught as the board and Ministry of Education prepare to battle over its future in court.

The Secretary for Education told the private school's leaders in December that she was cancelling its registration because of serious concerns the school was not a physically and emotionally safe place for students.

The school remains open as a result of a High Court challenge by the board, with a judicial review hearing set down for three days in October.

Court documents obtained by RNZ show secretary Ellen MacGregor-Reid is now revisiting her assessment of whether the West Coast Christian community's school is meeting registration requirements and if not, whether it is likely to do so within a further reasonable time frame.

The second decision is expected by 20 July.

If the decision is unfavourable to the school, MacGregor-Reid will apply to lift interim court orders preventing the school's closure in time for the decision to take effect by the end of term three.

A ministry spokesperson told RNZ the secretary considered it appropriate to check whether the school's circumstances had changed because several months had passed since her December decision.

"This review is about making sure decisions are based on current information and that student wellbeing remains under active consideration," the spokesperson said.

Asked whether the ministry had sought to expedite the case, the spokesperson said October's hearing date reflected the earliest available fixture the court could allocate.

Children's Commissioner Dr Claire Achmad said while scheduling was up to the court, it seemed a lengthy wait given the case was considering Gloriavale children's wellbeing and their right to an education.

"I would like to see that court proceeding happen in a faster manner because all children and young people, wherever they are in New Zealand, have the right to be physically and emotionally safe at school and that includes at the Gloriavale school," she said.

Achmad called for the school's urgent closure in August, saying she had zero confidence that students were safe.

"Unless there have been widespread and enduring changes made to the school and the safety of children there, my concerns remain," she said.

"Our school monitoring and reporting system must be taken seriously. There is a real opportunity while this court case is pending for the Gloriavale community to work closely with the Ministry of Education around ensuring children's safety in the school but also to ensure that there are alternative options for education for these children."

Ministry letters to Gloriavale obtained by RNZ under the Official Information Act in May detailed concerns from community members, specialists and agencies about the private school, as the secretary moved to cancel its registration.

The letters noted concerns about most teenagers being prevented from progressing beyond Year 11, a lack of support for young victims and abusers and students not being able to use school toilets without fear.

Separately, an Education Review Office special review of homeschooling by Gloriavale families concluded that they were not meeting the legal requirements.

The agency said homeschooling families were living and learning in overcrowded hostels that could be unsafe and some of the children were struggling to write.

Lawyer Dennis Gates, who has previously represented Gloriavale leavers, said the welfare and best interests of children must be the first and paramount consideration in legal proceedings.

"The welfare of the children seems to have been forgotten or they're just paying lip service," he said.

"The kids are the ones who suffer. They have no power. They're poorly educated, they're under-educated. I just can't fathom why there hasn't been some intervention to stop this ongoing sore that is Gloriavale from continuing. They are a law unto themselves."

Former Gloriavale member Virginia Courage said she believed there was enough evidence to support the decision to close the school.

"I understand that there's a process of law but I think it's already established that Gloriavale has a harmful system. The school is part of that system," she said.

"Where you've got many children in a potentially harmful situation there should be the ability to process and act a little bit faster."

Courage said the uncertainty would be unsettling for Gloriavale parents.

"They do care about the education of their children and they want them well educated but it's inside the Gloriavale lens. Unsettled parents and unsure parents are limited in their ability to provide a safe environment for their children," she said.

The Royal Commission into Abuse in Care recommended that the "government should take all practicable steps to ensure the ongoing safety of children, young people and adults in care at Gloriavale".

Education Minister Erica Stanford said the ministry could not legally move any faster.

"The Ministry of Education has a plan in place but we have to go through the correct procedures," she said.

"My Secretary for Education is updating me on what's happening at Gloriavale every time we have our officials meetings. She is working through the process, we can't go any faster legally but we're doing everything that we can."

An Office of the Chief Justice spokesperson said while it was not appropriate to comment on a particular case, High Court hearings were scheduled according to a range of factors.

"In scheduling court hearings, the High Court must manage its overall workload across criminal, civil and appellate jurisdictions. Hearings in the High Court are scheduled on the first available date taking into account a range of factors, including the nature and urgency of the proceeding, the parties' estimate of the hearing time required, courtroom and judge availability, the readiness of the parties to proceed and counsel availability," they said.

"Multi-day fixtures take longer to schedule than half-day or one-day fixtures."

Gloriavale did not respond to a request for comment.

Ministry of Education figures showed there were 84 children on Gloriavale Christian School's roll.

The ministry said two surplus classrooms were relocated to Awahono School in Ahaura in June to support roll fluctuations and could also cater for Gloriavale students if families choose to enrol their children there in future.

RNZ understands a number of Gloriavale secondary students are enrolled at the government-funded tuition-free online charter school Aotearoa Infinite Academy.

A spokeswoman said the school provided access to "high-quality education for every student in Aotearoa, regardless of where they live, their background or their previous schooling experience".

"We do not comment on individual students or families, however, every student who enrols at Aotearoa Infinite Academy is supported by the same framework: registered teachers, live classes, pastoral care, regular contact with their dean, and access to a counsellor," the spokeswoman said.

"All staff complete child protection training in line with the Children's Act 2014 and the requirements set by the Charter School Agency, and our policies are reviewed regularly to ensure they remain fit for purpose.

"We report to the Charter School Agency on attendance, achievement and the wellbeing of our students, and we work closely with parents, caregivers and, where appropriate, other agencies to make sure every young person in our care is seen, heard and supported."

In a statement in December, Gloriavale's school board said it was "deeply disappointed" by the ministry's decision to cancel its registration.

"We believe this decision is unjust and does not reflect the significant efforts we have made to address concerns raised. The position taken by the ministry is not accepted and will be challenged," the board said.

If the Secretary for Education finds that the school is meeting the registration requirements or is likely to do so in a further reasonable timeframe, she will set aside the December decision and invite the school to withdraw its application for judicial review.