The Children’s Commissioner has found evidence of “inhumane treatment” used regularly at a facility for intellectually disabled children, where one child was held in seclusion for 62 days.
A surprise visit was carried out by the Children and Young People’s Commission, at a Hikitia Te Wairua NationalYouth Service facility in Porirua, in April, and a report was released, detailing practices that breach human rights. However, two government ministries have criticised the report.
The report’s authors described the use of “inhuman” practices and “degrading” treatment which breached UN conventions against torture and other cruel treatment.
It detailed a number of areas of concern, and highlighted regular and inappropriate use of seclusion at Hikitia Te Wairua.
The Porirua facility was not fit for purpose, with poor and limited therapeutic spaces for mokopuna and unsafe staffing capacity of kaimahi, and the writers concluded the national service was failing to meet their needs for mokopuna with intellectual disabilities.
Chief Children’s Commissioner Dr Claire Achmad told Midday Report: “Young people have been held in seclusion for long periods of time, at Hikitia Te Wairua. For one young person we found evidence that they had been held in seclusion for approximately 62 days.
“We also found that some young people had been held in adult facilities, where really they should be held in facilities that are specific to them as children and young people.”
Hikitia Te Wairua, the National Youth ID Secure Service, provides national services for people aged between 12 and 18.
“We know that when children and young people are held in seclusion it does create lasting affects,” Achmad said.
“This shouldn’t have occurred.”
She stressed that the report pointed to systemic problems that had let the young people down, and the criticisms were “not about the particular staff”.
“They were seeking to do all that they could as I understand, to keep those young people safe. We know the team at Hikitia are committed to providing that really high level of care for the young people who come in to that facility, but the fact is we need to look at a whole of system response here.
“We want to ensure that ever happening again.”
The Children and Young People’s Commission Mana Mokopuna noted there were no children in isolation during their visit to the Porirua facility, but said both children and staff were able to provide examples of seclusion.
One child who was kept isolated for two months compared their treatment to animals: “They locked us in the room and treated us like f****** dogs.”
Reporting and oversight systems were also found to be inadequate in terms of documentation and accountability.
Both the Ministries of Health and Social Development criticised the report, which they said lacked context, including that seclusion was used for children or young people who were violent or dangerous to themselves or others.
In a joint letter, they said the period monitored at the Porirua facility was highly unusual.
“Some of these young people engaged in serious acts of violence which resulted in damage to the facility and significant harm to care staff, who suffered fractures and head injuries. This meant that some restrictive practices such as seclusion, which is always a last resort, were used to keep the young people, our staff and the public safe.”
It defended the use of seclusion, saying it had not been used since March.
But despite those protests, both ministries had accepted the report’s 12 findings.
Chief Children’s Commissioner Dr Claire Achmad. Photo / Mark Mitchell
Achmad said that was good news: “I am really pleased that the government agencies involved here have accepted all of our 12 recommendations that we have made in this report ... they are being progressed.
“We report on the evidence that is at hand. We need to keep central here the fact that no young person should be held in seclusion at any time, it goes against their human rights – the UN has been very clear.
“We are clear in our report that the cohort of young people who were being cared for at Hikitia Te Wairua ... were presenting with complex behaviours. That the team at Hikitia Te Wairua – they didn’t have the particular specialist capabilities to deal with those complex behaviours – and that is why seclusion ended up being used.”
Since March this year, no children or young people had been held in seclusion at the Hikitia Te Wairua facility, Achmad said: “I want to see them continue to build on that progress.”
“And so I am calling for a whole-of-system approach here, so they we never have young people held in seclusion, in places where they are deprived of their liberty. We want to see continued action so children and young people are safe.”
What changes does the report call for?
The report’s 12 recommendations included an urgent review of the use of seclusion at Hikitia Te Wairua, with the aim of reducing and eliminating its use.
It called for a review of the use of adult inpatient wards to treat mokopuna, and for a plan to reduce their use for children under 18.
It recommended a therapeutic de-escalation area be created for mokopuna, to help them self-soothe and regulate in an environment conducive to their needs.
And it said staff must be given comprehensive training.
