KEY POINTS:
A website to name and shame mental health providers and staff who breach codes of practice has been condemned by the Health and Disability Commissioner.
Psychwatch New Zealand has been set up by counsellor and mediator Steve Taylor to provide details of cases and name the providers and
staff who have fallen short of the Commission's code of practice.
In an introductory note on the website, Mr Taylor said he had become "incensed" after seeing mental health staff, counsellors and care workers not held accountable for negligence and incompetence.
He said vulnerable people had died, leading to "heartbroken and desperate families".
But Health and Disability Commissioner Ron Paterson said naming and shaming providers would have an adverse effect on the quality of care.
Mr Paterson said not only would Psychwatch be unable to capture all instances of sub-standard care but it will put mental health workers off taking part in internal investigations.
"The risk we run is that the mental health workforce, who are already stigmatised from time to time when things go wrong, are going to be even less likely to work in mental health," Mr Paterson said.
He said when things went wrong, investigators needed to get to the bottom of the issue but health workers might not be willing to take part if they believed everything would be made public.
Last Monday the Health and Disability Commissioner announced a new policy to name health providers who breached the code of practice.
The Commissioner will only name the provider if it is found that the code has been breached three times within five years.
Mr Paterson said it was likely only one practitioner a year would be named under the policy.
He said there were accountability checks and balances already in place for serious breaches through the Human Rights Tribunal and disciplinary proceedings.
Mr Paterson said often when there was a breach in the code, it is not just an individual at fault but a chain of people.
He said he had consulted widely with consumers and practitioners and found there was a reluctance for naming and shaming.
But the Wellington Mental Health Consumer's Union, an advocacy organisation for past and present mental health service users, does support the site.
Manager Karin Keith said "a lot of horrific things go on" in psychiatric wards and some of the practices are "simply not acceptable".
She said a lot of people contacted her to say their rights were not being upheld.
"They're among the most vulnerable and it's often a time when people are terrified because they don't know what's happening and they have no control," Ms Keith said.
She said, provided patients couldn't be named, the site was a good thing.
"I would like to think that there was a bit of fairness and the other party had an opportunity to say their thing too because there is always another side to the argument," Ms Keith said.
Mental Health Foundation of New Zealand chief executive Judi Clements said she understood the frustration but that naming and shaming was "effectively playing judge and jury".
"What steps is he taking to verify his facts? Has he got the full picture and how is he going to judge whether something is satisfactory or not? It's a rather difficult position for someone to take personally," Ms Clements said.
She said the Health and Disability Commissioner had an investigation team. Ms Clements said the Commissioner's requirement of three breaches was necessary and fair.
"If any of us were damned after one mistake then there wouldn't be many of us walking the planet," Ms Clements said.
