Mother to sue ACC over care for son

A mother whose son has Down syndrome has won the right to sue ACC in what will be a landmark case.

She is fighting the corporation to cover her personal financial losses, which she suffered after becoming a fulltime carer.

John Miller, a personal injury lawyer who specialises in ACC claims, is not surprised the corporation is fighting her claim tooth and nail.

‘‘It will be a tough case to win,’’ he said. ‘‘But if it succeeds, it will open up liability for lots of families.’’

The woman’s son was relatively high functioning as a child, and attended mainstream classes at primary school. However, he was segregated at the age of 8 after he began to exhibit inappropriate sexual behaviour. When he was 16 he revealed he had been sexually abused as a child by a family member, who was subsequently convicted. He was later diagnosed with post-traumatic stress disorder resulting from the abuse.

The teen lived at a care facility for 10 years until he was 24 before moving back to live with his mother in 2004.

ACC provided some support, but the mother insisted it did not go far enough; Miller explains that is a common sentiment among those who have to deal with ACC.

‘‘Often the amount they pay for attendant care doesn’t take into account the fulltime work the family are called upon to put into caring for such a person,’’ he said.

The mother said she suffered financially and lost her business and home because all her time was spent caring for her son.

The corporation debated with her for several years over how much of his care needs were caused by his PTSD.

ACC refused to help her secure compensation payments and also refused to pay for transport so the young man could attend group activities. A neuropsychological assessment in 2007 found he needed more care than would be normal for someone with Down syndrome, due in part to the PTSD. ACC did not challenge a reviewer’s decision that it had been wrong.

The mother now wants the corporation to pay up for the financial hardship she suffered while caring for her son. Her lawyer said ACC’S failure to provide her with entitlements had a serious knockon effect on the family’s overall financial wellbeing.

ACC has already tried to have the legal action thrown out, but that was rejected by the High Court. - Fairfax NZ