IDEA Services chief executive Ralph Jones called a 29-page submission criticising his leadership of IHC defamatory. IDEA Services is a subsidiary of IHC. Photo / Supplied
IDEA Services chief executive Ralph Jones called a 29-page submission criticising his leadership of IHC defamatory. IDEA Services is a subsidiary of IHC. Photo / Supplied
A complaint about the closure of IHC’s activity centres for the intellectually disabled has been reopened by the Health and Disability Commissioner two years after the patient watchdog decided not to investigate.
The father of a woman in IDEA Services care said he was surprised when the HDC contacted him unexpectedly late last month to say it was reopening his complaint.
The man, who did not want to be named to protect his intellectually disabled daughter, complained to the HDC in October 2020 after his daughter suffered a mental breakdown following the closure of IDEA Services’ activity centres.
At the time the HDC opted not to investigate the complaint, saying the permanent closure of 59 of the 114 day bases that initially shut before the first level 4 lockdown, was the responsibility of the Ministry of Health.
The father told the HDC then its statement acknowledging “the challenges that have arisen” in relation to his daughter’s fragile mental state did not acknowledge the severity of the harm done.
Health and Disability Commissioner Morag McDowell. Photo / NZME
However, on November 28 this year he received a notification from the HDC that it was reopening his complaint, a rare move by the Commissioner.
“A decision has been made to revise our preliminary decision on your complaint, and reopen the file in accordance with section 33(3) of the Health and Disability Commissioner Act 1994,” the letter said.
“This decision was made after carefully considering all of the information on file, including your complaint, IHC’s response to our requests and after engaging with Whaikaha [the Ministry of Disabled People].”
The Herald understands it is not the only complaint against IDEA Services recently reopened by the HDC but the HDC said it could not answer this question before deadline.
The submission and the legal threat
In March this year the man, along with eight others who have family members in IDEA Services care, made a 29-page submission to the Ministry of Health criticising the direction of IHC during the past 20 years.
Some of the main concerns were that:
In 2008 IHC branches were downgraded to associations and the members, relatives of intellectually disabled residents, no longer had voting rights;
In 2010 IHC closed all its workshops taking away the ability for intellectually disabled people to work;
In 2020 IHC closed its day activity centres and moved activities into homes meaning social excursions were much less frequent.
In October the father, a long-standing member of IHC, received a letter from the group chief executive Ralph Jones threatening him with legal action over “defamation of character”, after Jones obtained the submission through the Official Information Act.
He said the man had continued an “unabated campaign” against him personally with defamatory and false allegations to deliberately harm Jones’ reputation, and that the derogatory comments were libellous and falsely impugned his reputation.
“The comments are outside the bounds of common decency and acceptable behaviour and if you continue to pursue this hurtful campaign specifically targeted to defame my character I will seek appropriate remedies from you including initiating civil proceedings against you.”
Asked about allegations of bullying and intimidation of families who complain to IDEA Services, Whaikaha operational design and delivery deputy chief executive Amanda Bleckmann said a strong complaints process was essential to providing services that were safe, responsive, and in a way where providers were able to respond to problems swiftly.
Under the Code of Health and Disability Services Consumers’ Rights, consumers had a right to complain and health and disability services providers must facilitate the fair, simple, speedy, and efficient resolution of complaints, she said.
“We expect a strong complaints process from IDEA Services. We expect to see services delivered to people in their care in a safe and appropriately managed way.”
IDEA Services refuted any suggestion of bullying and said it had a clear complaints process and was in regular communication with family members and IHC members.
A spokesperson said the man had been widely circulating untrue, misleading and hurtful statements about IHC for many years.
They said if the man provided evidence to support his accusations IDEA Services would immediately investigate them, “but he hasn’t”.
“Despite the IHC board chair meeting with [the man] and his family to discuss and resolve his concerns he has continued his unrelenting campaign to discredit IHC and various officers and staff.
“This has now culminated in [the man] publishing a 29-page ‘submission’ containing defamatory statements against IHC’s Group chief executive in particular.”
In response to the submission, Jones told NZME the change from branches to associations was voted in by IHC’s members and endorsed by all 32 IHC branch presidents.
He said IHC was an incorporated society and changes to the society’s rules could only be made with the approval of its members, usually at the society’s AGM.
On workshop closures, Jones said societal attitudes had moved on from sheltered workshops, “where people are not paid fairly or respected for their work”.
Jones said the closures were in line with Pathways to Inclusion, a direction set by the government 20 years ago for vocational services for people with disabilities that he said provided more choice, self-esteem, purpose and enjoyment of life.
Regarding day centres, Jones said following extensive consultation, IDEA Services agreed to modify its services programme so that it was flexible and offered choices.
“There are still a couple of day bases left that are scheduled to reopen but haven’t yet because of chronic staffing shortages we are presently facing.”
He said IDEA Services had worked with families to offer services and support, including in the case of the woman who suffered the breakdown.
