Faith-based facility breached women’s rights - 20HDC01848 & 22HDC3037

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Faith-based facility breached women’s rights - 20HDC01848 & 22HDC3037

Media release from the Health and Disability Commissioner
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Decisions

In a report released today, Deputy Health and Disability Commissioner Vanessa Caldwell finds a facility that provided residential faith-based programmes to young women experiencing mental health challenges breached the Code of Health and Disability Services Consumers’ Rights (the Code) regarding two complainants.

The breaches include failing to comply with legal standards in that it was not certified or audited, failing to retain health records, not returning one of the complainant's possessions and enabling her to leave the facility when she withdrew her consent to its services, and failing to inform the second complainant of her test results and give her the opportunity to participate in the decision-making regarding her care, particularly whether hospital admission was indicated.

Ms Caldwell also criticised the facility for:

  • having operated a residential healthcare facility when staff did not understand the NZDS Restraint Standards and did not have a policy on restraint and seclusion

  • having failed to explain the roles of staff members Ms H and Ms I to the residents and potentially having incorrectly implied that they were registered nurses

  • having coerced the two complainants into allowing staff to be present at medical consultations, and for having coerced one complainant into sharing her private information in order to receive counselling services.

The deputy commissioner further criticised a counsellor for having used the term ‘soul ties’ when providing counselling services and a GP for having failed to assess one of the complainants on 24 April, 30 April, and 1 May 2014 to ascertain whether it was appropriate for her to remain in the house. In addition, the GP did not inform the complainant of her test results and discuss her management with her.

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