Anna Mills was found by her sister at an IDEA Services home weighing 35kg and lying on a soiled bed. It was one of the reasons Whaikaha, Ministry of Disabled People, launched a review of complaints policies at IHC.
A review of how complaints are handled by the country’s largest disability services provider has found 50 current and former IHC residents or their families distrust IDEA Services and fear retaliation or removal if they speak up.
It comes as disability advocates and whānau call for the resignation of the long-standing chief executive and the board chairman, as IDEA Services says it is committed to doing better.
The review of complaints policies at IDEA, a subsidiary of IHC, was launched by Whaikaha, the Ministry of Disabled People, in March after it became aware of multiple complaints from the families of intellectually disabled residents in November and December last year.
Barrister Rachael Schmidt-McCleave’s eight-month investigation, made public today, found common themes of “distrust and unhappiness”. These included:
The perceived stifling of complaints;
Fear of retaliation for raising issues;
Terse and threatening interactions and communications;
Delays and failures to respond to inquiries;
A perceived culture of control and institutionalisation;
And specific concerns related to access to services, closure of day bases, withdrawal of services, and Covid-19 lockdown concerns.
Other concerns included the bath ban, issues with food, staff, and getting permission to visit family members or take them on holiday.
Participants also outlined delays and failures to respond to inquiries, requests for information, and complaints including multiple requests some made that went unanswered or which were only answered after repeated follow-up requests.
One participant expressed concerns about the chemical restraint of her son through the administration of a benzodiazepine, drugs that slow down activity in the brain and nervous system, to manage his behaviour, and an absence of independent advocates to ensure fair and humane treatment.
The mother produced a copy of an email she sent expressing concern that IDEA staff told her they would not work with her son unless he was prescribed benzodiazepines to manage anxiety.
This year IDEA Services would receive $330 million in government funding from Whaikaha, the ministry established last July, to provide its service to the intellectually disabled.
Much of the details of the specific complaints were redacted from the report and the review did not allow for Schmidt-McCleave to investigate the complaints.
But in one case that was detailed, Schmidt-McCleave said the former resident described how IDEA staff “did not help her with her mental health issues, hid food from her, prevented her from going anywhere she would enjoy, and threatened to send her to a psychiatric unit”.
“She said that the staff took charge of her money and placed signatories on her bank account. At one stage, she was left in her room while she was having a depressive episode.
“She said no one asked her how she was feeling or whether she wanted any food or drink, and her medication was withheld.”
Also included was the case of a father who was threatened with defamation by IHC and IDEA Services chief executive Ralph Jones when the man complained to the Ministry of Health criticising the direction of IHC over the past 20 years.
“There has also been correspondence with some participants to the review which has come from the board and/or executive of IDEA/IHC which is not respectful and can be interpreted as retaliatory or condemnatory,” Schmidt-McCleave wrote.
“Any retaliatory or condemnatory behaviour whatsoever at any level must not be tolerated from here on in and that message ought to be conveyed from the board itself.”
She recommended IDEA Services take a zero-tolerance approach to retaliation and consider removing any staff member accused of retaliatory action while an investigation was carried out.
Schmidt-McCleave said the perception of what happened when a person complained was critical to all organisations in the sector to regain any trust lost.
“Whatever the outcome of this review, it is absolutely vital and critical that both Whaikaha and IDEA work to rebuild the trust of the community they serve.
“Without the rebuilding of this trust, those concerns repeatedly raised with me by participants will continue to be felt and experienced.”
Her recommendations included a review of IDEA’s policy on complaints, Whaikaha setting its framework in writing including how natural justice considerations would be met, expanding a management plan to all its portfolio managers, open communication and regular meetings, and a section on how to correctly apologise.
Schmidt-McCleave said there was a power imbalance between service providers and users that could leave residents feeling unheard so the disabled community must be involved in the trust rebuilding.
Disability advocate Glenn Marshall called for Jones and board chairman Tony Shaw to resign saying they were each involved in retaliatory or dismissive responses to complaining families.
The call was supported by the father Jones threatened with defamation, and by Parents of Vision Impaired NZ national executive officer Dr Rebekah Graham.
Graham said past actions and comments by Jones and Shaw to PVI families advocating for better care for their disabled loved ones “does not leave us with confidence that they are able to provide the type of organisational leadership necessary to implement the significant changes recommended in the report to Whaikaha”.
“The report notes there is a strong need for trust to be restored by IHC and IDEA Services.
“The relationship breakdown is such that I do not think that the current leadership team is able to constructively engage in the type of relationship building required.”
Jones and IHC would not comment on the issue but acknowledged there was some distrust and said while the report was concerning, IDEA Services was committed to working with Whaikaha to improve the process in both organisations.
“It is very troubling that some individuals and families feel their voice has been lost in the complaints process and that some were reluctant to come forward. As an advocacy organisation we are working to address this right now.”
Jones, who has been IHC chief executive for 21 years, said while the report found the complaints process “fit-for-purpose” he wanted better than that and IDEA was already making improvements.
He said there had been “extraordinary pressures” in the sector in recent years due to Covid-19 and chronic workforce shortages.
“IDEA Services is already working hard to improve its processes and now calls on Whiakaha to accept the many recommendations for changes to their own processes in order to benefit all people with disabilities and the wider sector.
“We are committed to a better process and a shared framework for managing and addressing complaints for the people we support and their families and we hope Whaikaha is too.”
Whaikaha deputy chief executive Amanda Bleckmann said the ministry took seriously its responsibilities to disabled people and wanted to see improved experiences for those supported through IDEA and other Whaikaha-funded providers.
“Our highest priority is the safety and wellbeing of disabled people. They should receive the support they need in a way that respects their rights, dignity and autonomy.”
She said Whaikaha accepted the recommendations and would work with IDEA to improve the complaints process.
Bleckmann would not be drawn on Marshall’s resignation call but said: “We are concerned about the common themes expressed to the reviewer and set out in the report”.
“We look forward to the board’s response to the review, in particular, as the recommendations call for specific action from them.”
Sarah-Jane Mills, the sister of former IDEA resident Anna Mills, did not participate in the review but read the report.
“Seeing what my sister had been through was absolutely heartbreaking and the decision to go public with her story was a difficult one to make.
“However, the outcome of this investigation shows we are not alone. If it prompts action to ensure that nobody ever has to experience what Anna had to go through, then we have achieved our goal.”
Natalie Akoorie is the Open Justice deputy editor, based in Waikato and covering crime and justice nationally. Natalie first joined the Herald in 2011 and has been a journalist in New Zealand and overseas for 27 years, recently covering health, social issues, local government, and the regions.