Human Rights Commission welcomes Court of Appeal decision overturning care ruling

The Human Rights Commission welcomes the decision by the Court of Appeal to overturn the Ministry of Health’s ruling about how much a mother received for caring for her son full-time.

Disability Rights Commissioner Paula Tesoriero says that the decision recognises the hardships that families have faced over the years caring for disabled adult family members who have chosen to be cared for by another member of the family.

“Dedicated family members have had to go through protracted, complex and stressful court proceedings to access fair and equitable compensation for their work,” says Ms Tesoriero.

“By recognising this, and encouraging these matters to be settled without litigation, the Court of Appeal has shown that there need to be changes to the current system to make it more accessible for the people it is set up to help.”

The Court also noted the complexity of the law on funding eligibility for disability support services, saying: “They verge on the impenetrable.”

“This decision signals an opportune time to review how Funded Family Care is implemented in New Zealand and recognise the fundamental role family members play in caring for loved ones and providing them with the support they need,” says Ms Tesoriero.

“I sent a letter to the Minister of Health about this issue, and I look forward to talking to him about this at the earliest opportunity. We must ensure disability support services are appropriate and accessible and enable people to provide the best possible care to disabled family members.”

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