New Zealand / Disability

Disabled falling through the cracks for years - human rights lawyer

12:27 pm on 17 July 2024

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The report analysed 363 complaints over a five-year period which identified several areas of concern. Photo: Supplied/ Office of the Health and Disability Commissioner

A report on complaints to the health and disability commissioner (HDC) about residential disability support services has revealed they are failing in their duty of care.

The report analysed 363 complaints over a five-year period to the HDC which identified several areas of concern, as well as how pressures on the sector are affecting the experience of disabled people and their families.

The findings included inadequate care standards, use of restraint and force, and a lack of respectful and culturally appropriate communication.

Other concerns included poor medication management, poor oversight and supervision of staff, household safety issues, lack of appropriate services and poor identification and management of long- and short-term health conditions - including deteriorating health.

It found broader systemic issues contribute to the themes including workforce shortages, poor-quality frameworks and appropriate funding of services.

Deputy commissioner disability Rose Wall called for a consistent quality framework to be developed and implemented across the disability support sector, as a result.

"Such a framework would enable better monitoring of the support delivered to tāngata whaikaha/disabled people. It would also set clear expectations, which would help people to communicate their concerns when these expectations are not met.

Rose Wall. Photo: Supplied / HDC

"I acknowledge that the disability sector is under pressure and most people working in the sector are committed to supporting disabled people to live good lives.

"However, it is critical that robust safeguards are in place to uphold disabled people's rights, and that there are responsive pathways for people to raise concerns and make complaints.

"This thematic report has given me an opportunity to make recommendations that will further strengthen the quality of supports provided to disabled people."

Other recommendations included the continued work of Whaikaha - Ministry of Disabled People and service providers in better facilitating and resolving complaints about disability services and making information on what they can expect from disability service providers available to the community.

Human-rights lawyer Dr Huhana Hickey called for an overhaul of the disability support sector to ensure the quality of care was upheld.

"A large number of recipients of abuse are disabled because they are a vulnerable, marginalised group, easy to manipulate, easy to abuse, they are always the ones, along with elder abuse, who are facing these negative outcomes."

Hickey said it was important people with disabilities had more of a say in care to ensure they did not fall through the cracks. She said many people were scared to complain, as there was currently no safe space for them to do so.

"One of the other issues is the fear and the bullying, towards disabled has led disabled people not going to complain, not laying them, even though it happens to them. They're afraid, they don't lay complaints because they get bullied out of it, or they're told not to, or they get abused, and that's been a big issue."

Hickey said all the issues highlighted in the report had been known for a long time, and it was time to make big changes to the sector to ensure duty of care was upheld and the community was not left behind.