Allegations of Abuse in Institutions


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The Timaru Herald
June 30 2007

Mental health patients to sue Govt

Hundreds of former mental health patients are suing the Government for millions of dollars over their treatment in New Zealand's psychiatric institutions.

The first trials will begin in October.

But Roger Chapman, one of the lawyers representing the 230-strong group, believes the former patients should not have to go through the court system.

"It's horrifying that these people have to go to court and go through it again," he said.

Mr Chapman proposed an alternative forum in 2004 for hearing complaints and awarding compensation, but this was rejected by the Government.

However, in response to a damning report detailing abuse endured by former mental health patients, the Government said it was seeking a robust alternative to the adversarial court system to address complaints.

Health Minister Pete Hodgson said litigation through the courts would be immensely costly for the crown and litigants.

"It's heartening that Pete Hodgson is at last considering the possibility of dealing with this," said Mr Chapman. "I just hope he doesn't take very long about it."

Mr Hodgson says a decision is not likely until October.

Mr Chapman was wary of suggestions the Government could offer compensation and a formal apology.

"We've been there before and found it was a blind alley. I'm not discounting it, but I'm not getting excited about it," he said.

Mr Chapman said the sums sought by each of the 230 complainants varied significantly.

"Some are quite small amounts and others are quite substantial. They would probably add up to quite a few million," he said.

Many former patients wanted to hear the Government say "This should not have happened and we are sorry about it", he said.

Compensation was important for some because they had had their lives wrecked.

"They don't expect to get enormous sums of money. It's a way of the Government saying `We really mean what we say'," Mr Chapman said.

There were still several other claims being considered and he believed there were some intellectually disabled people who suffered in the institutions who had not come forward.

The report from the confidential forum for former patients details the experiences of 493 people held in institutions from Dunedin to Auckland between 1940 and 1992, including five former Christchurch psychiatric hospitals.

Former patients told of being subjected to physical and sexual violence, being held in overcrowded, dirty and smoky hospital rooms, and of electroconvulsive therapy, lack of privacy and over-medication.

Mr Chapman said one of the valuable things in the report was that former staff members had confirmed what the patients had been saying.