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Allegations of Abuse
in Institutions |
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More than 150 former mental
hospital patients suing for alleged abuse and mistreatment are fighting a
court ruling that severely reduces the scope of their claims. The claims, each of up to $500,000
for what happened in the 1960s and 1970s, were cut back to allegations of sex
abuse, and mistreatment of informal patients before April 1972. Associate Judge David Abbott
struck out almost everything else last month because the claimants did not get
a judge's permission to start the claims. The allegations included that
electric shock treatment, medication and solitary confinement were used as
punishment and staff assaulted them and failed to protect them from abuse by
other patients. Permission was needed under a law to protect against
unfounded civil and criminal cases for treatment in mental hospitals. An earlier judgment had ruled
against the agency that has assumed responsibility for the liabilities of
Porirua and Lake Alice hospitals, where most of the acts are alleged to have
happened. The agency had argued the claims were brought too late to be
allowed to proceed, but Associate Judge David Gendall said he was not willing
to strike out the claims. Both sides are challenging parts
of the associate judges' decisions. The review hearing is due to start
in the High Court at Wellington on August 30 and 31. At a hearing yesterday, Associate
Judge Gendall proposed a hearing of about six of the claims over at least 10
weeks starting in September next year. |
