Children’s Commissioner says system must do better on children’s rights after systemic failures in case of 11-year-old child

Children’s Commissioner Dr Claire Achmad says last year’s incident involving an 11-year old child being misidentified as an adult, and unlawfully twice restrained and medicated by injection, was a profound failure of the systems meant to protect and care for children.

A decision released today by the Health and Disability Commissioner finds that the rights of the child were severely compromised, and a separate inquiry by the Director of Mental Health finds that essential safeguards were missed following a central failing of misidentification.

“When she came to the attention of Police and then the mental health system, this tamaiti with disabilities was not recognised, not properly understood, and not treated in a way that upheld her rights. I understand based on these two reports published today that the impact has been enduring and detrimental, causing significant distress for this mokopuna and her whānau. As Children’s Commissioner, I remain very concerned about what happened here, due to the systemic failures that occurred.

“I acknowledge the steps that have been taken by Health New Zealand since the incident. But its work to systemically address the failures that occurred requires a much stronger and specific focus on mokopuna - particularly disabled children, including with particular communication needs. I will continue advocating to Health New Zealand for a stronger child-specific focus in its mental health system work and across the wider health system, so that children – including mokopuna Māori – are made a much clearer priority. This is crucial given the impact the health system has in their lives.

“The mental health and wider health system, as well as the justice system which interconnects, must ensure it is working in ways that are child-centred, culturally safe, and grounded in children’s rights. This is crucial, because any time a child is accessing the health system and justice system, no matter who they are and what their communication needs are, their dignity and basic rights must be respected and protected.”

“It is concerning to me that expert advice in this case indicates other services across the mental health system may be vulnerable to the same kind of error. This places a clear responsibility on Health New Zealand to exercise leadership and ensure all districts have the systems, processes and capability needed to safely support all children and young people, and that these are well understood and implemented by all health system workers.

“I note the expectation of the Health and Disability Commissioner that Health New Zealand will provide an apology to the child and her whānau. I note that the whānau of the child have highlighted the importance of accountability, and their belief that preventing this from happening again requires system-level change, beyond Waikato Hospital alone.

“They have also asked that the record clearly reflect that the tamaiti involved was 11 years old, Māori and autistic, so the full context is well understood and learnings can be fully captured.

“The findings outlined in these two reports today must lead to meaningful systemic changes, including strengthened staff training in autism, neurodiversity, disability and child mental health across our health system. I think it is crucial for this same kind of training, with a child focus, to also happen across the justice system, and other systems that have a role in caring for children.

“Every child in Aotearoa New Zealand has the right to be seen, understood, and treated with dignity and care, consistent with their rights, including to the highest attainable standard of health. We must ensure that what happened to this tamaiti is never repeated, so that all mokopuna and their families and whānau can have confidence and trust in the care the mental health system and wider health system provides. As Children’s Commissioner I extend my continued aroha to this tamaiti and her whānau, and I deeply hope that she can feel safe being in our communities again.”

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Media contact: Melissa Wastney 029 909 2715

Media contact:
Melissa Wastney
029 909 2715