Anna Mills (left) has myotonic dystrophy. Her sister, Sarah-Jane Mills, removed Anna from an IHC home after finding her severely underweight, malnourished, dehydrated, and in soiled bedsheets. Photo / Mike Scott
Anna Mills (left) has myotonic dystrophy. Her sister, Sarah-Jane Mills, removed Anna from an IHC home after finding her severely underweight, malnourished, dehydrated, and in soiled bedsheets. Photo / Mike Scott
A review has been launched by Whaikaha, the Ministry of Disabled People, after the Herald revealed allegations a severely underweight disabled woman was left lying in her own faeces at an IHC home.
Sarah-Jane took her sister home and lodged complaints with the Health and Disability Commissioner, the Human Rights Commission, and the Ombudsman.
The police opened an investigation while at the time Whaikaha said it was blindsided by the revelations and sought urgent answers from IDEA Services, a subsidiary of IHC.
IDEA Services is the biggest disability support services provider in the country receiving $315 million in Government funding last year, the bulk coming from Whaikaha.
Whaikaha chief executive Paula Tesoriero said the Ministry, established last July, had hired a barrister to conduct an independent review of complaints policies following the issues raised by Anna’s family.
The review would focus on IDEA Services’ complaints process and Whaikaha’s role in responding to concerns and complaints.
Whaikaha, Ministry of Disabled People chief executive Paula Tesoriero has launched a review into complaints processes. Photo / Ben Fraser
“Between November and December last year, Whaikaha received information about the standard of disability support services provided by IDEA Services, including its engagement with the people IDEA Services supports, and their whānau,” Tesoriero said.
The information was provided via formal and informal channels and the media.
No decision had been made about whether any of the complaints were founded, whether any action was required by IDEA Services or Whaikaha, or whether Whaikaha needed to take any formal steps over its contract with the provider, called the “Outcome Agreement”.
IHC group chief executive Ralph Jones welcomed and supported the review and said the safety and wellbeing of the people IDEA Services supports would always be its priority.
“We provide a high-quality service,” Jones said. “But we will always strive to do better, and we welcome this review”.
IDEA Services provideed fulsome reporting to Whaikaha, he said. It had already provided a significant amount of information and would continue to work closely as part of the review.
“We also welcome clarification on seeking guidance and process with Whaikaha.”
Expected to take up to eight weeks, the review would be carried out by barrister Rachael Schmidt-McCleave.
Among instructions, Schmidt-McCleave had been asked to outline:
What Whaikaha’s role should be in responding to complaints about IDEA Services and other contracted service providers;
When action should be taken by Whaikaha over complaints and what action was appropriate;
Whether IDEA Services’ complaints processes and its approach to complaints was appropriate and if not, what steps Whaikaha should take to ensure they were appropriate;
Whether Whaikaha’s processes and approach to responding to complaints about IDEA Services was appropriate and if not, what steps the Ministry should take to ensure it was appropriate.
Schmidt-McCleave was not required to make any findings or recommendations on the complaints.
She would deliver a written report at the end of the review, to be shared with IDEA Services and affected families.
Anna, who now weighs 59kg, said she was “happy that something is being done” but was concerned about disabled residents who didn’t have anyone to help them.
Sarah-Jane called the review progress but expressed concern at the length of time it had taken to get action.
“Meanwhile there are vulnerable people still in care during this process and what happens to them?”
A history of complaints
According to information released under the Official Information Act and seen by the Herald, 84 complaints were lodged with the Ministry of Health against IDEA Services between March 2019 and March 2022.
One person made 10 complaints and another made seven. IHC group chief executive Ralph Jones sought the names of the complainants but they were withheld.
Last March the same complainant - a father of an intellectually disabled woman - along with eight others with family members in IDEA Services care, made a 29-page submission to the Ministry of Health criticising the direction of IHC during the past 20 years, including the closure of the centres.
IHC chief executive Ralph Jones threatened a complainant with defamation.
In October the man, a long-standing member of IHC, received a letter from Jones threatening him with legal action over “defamation of character” after Jones obtained the submission through the Official Information Act [OIA].
On November 14, Tesoriero wrote to IHC board chairman Tony Shaw admonishing the threat by Jones.
The letter, released under the OIA and seen by the Herald said: “To reiterate, while I have immediate concerns about the correspondence with [name redacted] it is the complaints process and culture about how complaints are dealt with that remain of concern and that we discussed at our meeting on October 20, 2022.
“I understood there was agreement IDEA would look at the complaints process hence I was surprised and disappointed to see Ralph’s letter to [name redacted]. It suggests a wide chasm of views between us as to what is acceptable when engaging with disabled people and their whānau members.”
She went on to say there were “core elements of managing complaints that are important”, including independence and having Jones “determine the end result using potential litigation as a lever is inappropriate”.
Another element of concern was the power imbalance between those in care and the State, Tesoriero told Shaw, and as such, it was vital the complaints process was robust, independent and involved disabled people.
“Pursuing legal action against people who raise concerns [or even discussing an intention to do so] is not an approach that can be supported by your board or Whaikaha in any context, and certainly not appropriate in the context of a person raising complaints or concerns.”
In a further email she told Shaw and Jones: “We hope, with the work that you are committing to undertake between now and then [April 2023], that it is an easy decision for Whaikaha to renew the contract with IDEA”.
In a response Shaw said: “We assume that in light of the positive progress at our meeting the threat to cancel the Outcome Agreement [their contract] is withdrawn”.
Last year IDEA Services told the Herald the complainant threatened by Jones had been widely circulating untrue, misleading and hurtful statements about IHC for many years without any evidence to back them up.
It refuted any suggestion of bullying and said it had a clear complaints process and was in regular communication with family members and IHC members.
