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Allegations
of Abuse in Institutions |
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Former psychiatric
hospital patients claiming compensation for abusive treatment are angered by
Government plans to set up a confidential forum instead of an inquiry, their
lawyers say. Attorney-General
Margaret Wilson yesterday said former psychiatric patients who claimed to
have suffered abuse while in hospital would be able to talk about their
experiences at a confidential forum. Former patients have
alleged widespread abuse at most of Ms Wilson said former
psychiatric patients had wanted the opportunity to talk through their
experiences, and try to get "some closure" and an acknowledgment of
what had taken place. The Government could
have set up an inquiry but was trying to establish a system where former
patients, their families and hospital staff could have their say. The forum would be
"non-confrontational" and would put the emphasis on resolving the
issue, Ms Wilson said. It would refer people
to appropriate existing agencies such as ACC, the Health and Disability
Commissioner and police, where necessary, and professional counselling would
be made available, Ms Wilson said. However, lawyers acting
for more than 300 claimants who allegedly suffered physical, sexual and
emotional abuse said patients would still have to go to court to pursue
liability and compensation claims. "The Government
said in June that it wanted to find a way of settling claims outside the
courts," lawyer Sonja Cooper said. "But today's
announcement makes a mockery of that. It forces most of our clients to take
their cases through the courts, to confront the very people who abused them,
and to relive the traumatic experiences they'd hoped to put behind
them," she said yesterday. "The alternative -
the confidential forum the Attorney-General suggests - is unlikely to satisfy
them." Claimants were
disappointed the Government had refused to follow the pattern set by
inquiries established to investigate similar abuses at "The refusal to
set up an inquiry here suggests the Government is afraid of what it may
reveal," Ms Cooper said. Another of the
claimant's lawyers, Roger Chapman, agreed. "The cost of
fighting these claims in court will be enormous. Almost all of our clients
are legally aided so the cost will fall on the taxpayer," he said. "We have suggested
ways to investigate and settle cases justly and economically, but the Government
has ignored what we said. What's needed is a responsible and enlightened
approach that addresses claimants' needs. "That's what's
happened in institutional abuse cases overseas - in So far about 80 claims
have been filed in the High Court at Ms Wilson yesterday
acknowledged those seeking to establish liability or claim compensation would
have to go to the courts. "A court is the
best place to do this given the historic nature of claims, the issues of
credibility and the size of compensation sought," Ms Wilson said. "Furthermore, an
initial investigation of the claims indicated some alleged abusers deny the
allegations. It is a matter of natural justice to allow them to defend their
reputations." Ms Cooper said other
governments had set up redress and compensation schemes, but Ms Wilson said the
forum, which was expected to begin early next year, would be open to those
who were inpatients in psychiatric hospitals before 1992. Those hospitalised
after 1992 had greater access to complaints mechanisms under legislation
passed that year. The forum - of up to
three members - would be administered by the Department of Internal Affairs,
in consultation with the Health Ministry. It would be chaired by
Ombudsman and former district court judge Anand Satyanand. Two other members would
be appointed to the panel after consultation with representatives of mental
health consumers, Ms Wilson said. The Green Party
welcomed the plan to establish a forum, but was questioning its
implementation, Green justice spokesman Nandor Tanczos said. "Staff who worked in those facilities must be able to full and frankly disclose what they know. We cannot allow a cover-up," he said.
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