Allegations of Abuse in Institutions


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October 6 2006

Date set for former psychiatric patients' action against govt
NZPA

One of the lawyers representing around 350 former psychiatric patients seeking compensation from the Government says the first cases will go before the courts next year.

The first two cases have been set down for October 2007.

The former patients are alleging they suffered physical, sexual and mental abuse at mental institutions, while in state care.

In 2001, the Government apologised and paid compensation to a group of former patients of the Lake Alice Hospital child and adolescent unit, near Marton, which closed in the late 1970s.

It later extended this to a second group, bringing to $10.7 million the total paid to 183 people.

The group of around 350 former patients who were cared for in other state-run institutions say they too should be paid compensation.

Lawyer Sonja Cooper told TV3's Campbell Live show last night that if these patients had been at Lake Alice, "pretty much all of them" would have been eligible for compensation.

"The claims that are being made by our client group are essentially exactly the sorts of claims that were being made by the client group at Lake Alice," she said.

The former patients were being forced to go through the courts process – which was "extremely traumatic" for them, time consuming, and expensive.

Ms Cooper said the explanation for the exclusion given by the Crown in 2004 – when the group was trying to get an out-of-court settlement – was that there were factual and legal issues in dispute.

The Crown had argued these issues needed to be resolved before the Government could consider compensation, and that court was the best forum for those issues to be resolved.

Factual issues had also been in dispute with the Lake Alice settlement, Ms Cooper said, but had been accepted on the basis of what the claimants said.

"So why our claimant group is in a different position is actually hard to understand."

The patients represented came from Oakley near Auckland, Kingseat south of Auckland, Porirua and other institutions.

At least two-thirds of the client group had been children or adolescents when they were at mental institutions, Ms Cooper said.

They largely corroborated each other's accounts of their treatment regardless of which institution they were at.

The accounts were similar to those told by former Lake Alice patients, she said.