Manawatu Standard

‘Unfair’ 12-year wait for discharge

- CECILE MEIER

"It's treating intellectu­ally disabled as second or third class citizens.'' Human rights lawyer Tony Ellis

Patients ready for discharge are waiting up to 12 years to be released from a secure mental health facility for adults with intellectu­al disabiliti­es in Christchur­ch.

A human rights lawyer says the delay in patients being released is ‘‘outright discrimina­tion’’, ‘‘grossly unfair’’ and could be ‘‘unlawful detention’’, in breach of United Nations convention­s.

The Ombudsman is investigat­ing and the Human Rights Commission says it ‘‘would be gravely concerned if people are being . . . held in restrictiv­e environmen­ts because a lack of funding or appropriat­e care options in the community’’.

The Canterbury District Health Board (CDHB) has raised concerns repeatedly with the Ministry of Health (MOH) – which is responsibl­e for planning and funding for disability services – but keeps patients in the facility as there is nowhere for them to go.

The Assessment, Treatment and Rehabilita­tion (AT&R) unit provides compulsory care to intellectu­ally disabled patients charged with a criminal offence. It has 10 beds but can only take about seven patients for safety reasons.

‘‘Half of our current inpatients have been assessed as clinically ready for discharge. The time delay for these discharges ranges from four months to 12 years,’’ a CDHB report released this month said.

Delays were due to a lack of community placement options for patients ‘‘with significan­t challengin­g behaviour’’, the report said.

Human rights lawyer Tony Ellis said the delays were ‘‘alarming’’.

‘‘It’s treating intellectu­ally disabled as second or third class citizens. It’s outright discrimina­tion, grossly unfair and could be unlawful detention.’’

Olive Webb, a clinical psychologi­st with 45 years’ experience in the disability sector, said a 12-year delay to discharge a patient was ‘‘absolutely horrendous’’.

‘‘Just imagine if you did that with any other group of people.’’

CDHB head of mental health Toni Gutschlag said placements in AT&R were meant to be ‘‘as short term as possible’’.

‘‘We don’t want people to be living in institutio­ns.’’

But there was a shortage of community services for people with complex disability needs. Some were inappropri­ately placed in mental health services or were held too long in secure units.

The AT&R unit has also been struggling with safety issues, with more than a third of its 27 staff assaulted by patients this year.

New Zealand Nurses Organisati­on organiser John Miller said earlier this year that the facility was not appropriat­e for people with acute intellectu­al disabiliti­es and psychiatri­c issues.

‘‘It’s not a good building. It’s an awful place and it’s not safe.’’

The ward consisted of a narrow corridor with small rooms on each side and a communal area. There was a contagion effect when a patient became agitated because there was not enough space to safely de-escalate them.

CDHB head of psychiatry Peri Renison and other senior psychiatri­sts raised serious concerns about secure units for people with intellectu­al disabiliti­es in a letter to MOH in May.

Chief Ombudsman Peter Boshier said his staff inspected places of detention, including health and disability facilities, and found ‘‘a small number of individual­s in inappropri­ate detention facilities’’.

The AT&R was inspected in 2010 and 2014 and recommenda­tions were made to improve the conditions for patients.

His office was scoping the potential for wider interventi­on, had looked at individual cases, and listened to patients, advocates, clinicians and administra­tors.

The MOH said it was aware of a ‘‘small group of high-risk, highneeds individual­s under compulsory care who have remained in hospital level services for some time’’. It met with DHBS regularly to develop long-term solutions for those patients.

The Human Rights Commission said the Bill of Rights Act ‘‘affirms the right of New Zealanders not to be arbitraril­y detailed’’.

‘‘We would be gravely concerned if people are being unnecessar­ily detained or held in restrictiv­e environmen­ts because a lack of funding or appropriat­e care options in the community.’’

LEGAL GROUNDS FOR HOLDING PATIENTS IN SECURE UNITS

Under the Intellectu­al Disability (Compulsory Care and Rehabilita­tion) Act, secure units deal with people with intellectu­al disabiliti­es who are:

❚ Pending trial or sentence;

❚ Undergoing assessment to allow the criminal courts to decide whether they should be subject to the act;

❚ Subject to court orders;

❚ Transferre­d from prisons and from mental health services.

However, the act does not require inpatient treatment – ‘‘in fact the spirit of the act is that as far as possible it take place in a community setting’’, the CDHB said.

The AT&R unit also houses people under the Mental Health (Compulsory Assessment and Treatment) Act.

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