IDEA Services ‘failed disabled boy’
‘‘I am particularly concerned that for a period of two years, IDEA Services staff were aware that the oversight was suboptimal . . . ’’ Rose Wall, Health and Disability deputy commissioner
Having caregivers neglect their disabled son was one thing but the botched investigation and withholding of information by IDEA Services was what really riled Glenn and Fran Marshall.
And now, 21⁄2 years after the couple complained, the Health and Disability Commissioner’s office has confirmed their concerns and found a ‘‘culture of noncompliance within IDEA Services’ senior leadership team’’.
IDEA Services has apologised to the Marshalls, identified failings and initiated some procedural changes.
An 84-page report written by deputy commissioner Rose Wall has found that IDEA Services’ investigation was flawed and poorly handled.
Eamon Marshall, now a teenager, has cerebral palsy, profound intellectual disability and epilepsy. He needs close visual observation to monitor his frequent and severe seizures, for which he needs medication.
From the age of 18 months, he was put in the care of IDEA, which placed him with foster parents, who cared for him between 2004 and late 2015.
In 2015, the Marshalls raised concerns about whether their son was receiving the medication he needed.
IDEA’s Hawke’s Bay area manager carried out an investigation. The Marshalls were not interviewed and they were never told about the findings. When they asked for them, they were given a one-page ‘‘summary report’’.
Unsatisfied, they used the Privacy Act and eventually got the full four-page internal investigation report, which wrongly stated the Marshalls had been interviewed.
Most alarming to the couple was the fact that IDEA had not investigated the issue of Eamon’s medication. They complained to the commissioner.
Even as late as July 2016, IDEA told the commissioner that its investigation ‘‘was reasonable, robust and appropriate as part of responding to the complaint’’.
In April last year, IDEA finally acknowledged its investigation had been flawed and apologised to the Marshalls.
Wall’s report – released to the couple on October 12 – identified a raft of failings by the area manager and managers above her.
‘‘I am particularly concerned that for a period of two years, IDEA Services staff were aware that the oversight was suboptimal but took no action to manage the risk to Eamon of not carrying out these visits, and also failed to take action to ensure that appropriate support and training was in place,’’ Wall said.
Eamon was highly vulnerable and needed a significant amount of support. IDEA had failed to provide appropriate oversight and support to his foster parents and caregivers. It had breached the Code of Health and Disability Services Consumers’ Rights, she said.
Based on the information she had received, including an email chain between senior managers, Wall believed ‘‘information was deliberately removed from its report to minimise the significance of its findings’’.
‘‘I conclude that the involvement of several senior management level staff in establishing a report that was non-compliant with IDEA Services’ complaints policy is reflective of a culture of non-compliance within IDEA Services’ senior leadership team.’’
The full report should not have been withheld from the Marshalls, who were entitled to know about any failures or issues identified in Eamon’s care.
IDEA, two managers and the foster parents are to apologise in writing to the Marshalls. Other recommendations concerned the way that IDEA audited its complaints and medication policies, and the provision of foster care.
Wall also recommended that the ministry consider how its contracts protect and safeguard vulnerable consumers, such as Eamon, who are placed into care under the Oranga Tamariki Act.
The case may be referred to the Health Practitioners Disciplinary Tribunal and/or the Human Rights Review Tribunal.
IDEA Services chief executive Ralph Jones said the organisation has apologised unreservedly to the Marshall family and accepted the findings of Wall’s report.
‘‘We identified these matters of concern and since that time . . have made a number of changes relating to the issues raised by the Marshall family.’’