Commissioner Initiated Investigation Finds Breach Of Woman’s Rights In Residential Care Home 24HDC00460

A woman’s rights under the Code of Health and Disability Services Consumers’ Rights (the Code) were breached by a support worker when he provoked her, retaliated by spitting at her, failed to intervene when she was self-harming, and verbally insulted her, said the Deputy Health and Disability Commissioner Rose Wall, in a decision released today.

The woman was living in a disability residential care setting and had multiple complex social and mental health disorders which could manifest in challenging behaviours and actions. The interactions between her and the support worker at the centre of the investigation, where the support worker could be heard being verbally abusive and spitting at her, were recorded on video.

A complaint was made to HDC about the woman being recorded without her consent, however, the content of these recordings were of sufficient concern for Ms Wall to undertake a commissioner-initiated investigation (CII).

I consider this complaint is significant, as it raises concerns about a longstanding support worker’s verbal maltreatment of a vulnerable consumer with dual disabilities and challenging behaviour in residential care. The complaint may never have been brought to the attention of this office had it not come to light in another complaint investigation," said Ms Wall.

Ms Wall said it was clear the support worker had provoked and insulted the woman, which amounted to a serious lack of respect and that he failed to intervene when the woman was self-harming.

"There were many options available to [MrB] to intervene, including talking to [Ms A], employing de-escalation techniques he had learned in Non-Violent Crisis-Intervention training, and/or calling for assistance. He did not attempt any of those actions or any other type of intervention.

"I am critical and appalled when watching and listening to the videos, and I consider that [Mr B] behaved entirely inappropriately towards Ms [Ms A]. Under no circumstances is it acceptable for a community support worker to behave in this way.’

Ms Wall found that the man failed to treat the woman with respect - breaching Right 1(1) of the Code and did not treat the woman with dignity in breach of Right 3.

Ms Wall recommended [Mr B] provide a formal apology to the woman and for him to refamiliarise himself with the Code. Whilst [Mr B] no longer works at the residential care setting, in the event Mr B finds employment as a support worker, she has recommended he ask his future employer to put him through training on treating consumers with respect and dignity and relationship management/communicating with people who display challenging behaviour.

Evidence of these actions is to be provided to HDC.

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