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Auckland District Health Board Taikura Trust Aranui Home and ...

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<strong>Health</strong> <strong>and</strong> Disability Commissioner<br />

younger people with high <strong>and</strong> complex needs is known to be a problem nationally. 39<br />

The need for a more diverse range of drug <strong>and</strong> alcohol treatment facilities throughout<br />

the country is highlighted in the recent Law Commission report on compulsory<br />

treatment for substance abuse. 40 What concerns me here is the lamentable failure to<br />

acknowledge the difficulty in any way, <strong>and</strong> respond accordingly. When Ms A’s stated<br />

goal was identified as not viable, no consideration was given to an alternative, even<br />

though Ms K, Dr J, <strong>and</strong> Oak Park staff had also expressed their concerns about the<br />

unsuitability of her placement in a home caring mostly for older people with<br />

dementia.<br />

219. Over the next three months, there is evidence that Ms A <strong>and</strong> staff at Oak Park made<br />

multiple attempts to seek further assistance from <strong>Taikura</strong> <strong>Trust</strong>. She was eventually<br />

reassessed on 17 June. Shortly after this, Dr U <strong>and</strong> CADS became involved, <strong>and</strong> steps<br />

were finally taken to address Ms A’s inappropriate living situation. <strong>Taikura</strong> <strong>Trust</strong><br />

should have responded to the requests <strong>and</strong> done more, significantly sooner than they<br />

did.<br />

220. The service provided to Ms A throughout this period at this time was not consistent<br />

with NASC st<strong>and</strong>ards, it did not reflect the intention outlined by Ms G when she<br />

sought IFP funding approval, it was not supportive of staff at Oak Park, <strong>and</strong> it was not<br />

fair to Ms A. It was woefully inadequate <strong>and</strong> a breach of Right 4(1) of the Code.<br />

Documentation<br />

221. <strong>Taikura</strong> <strong>Trust</strong>’s records in relation to Ms A are sparse. It would appear that much of<br />

the contact staff had with her, <strong>and</strong> with other providers, was simply not documented.<br />

Some of the gaps can be filled with reference to the records of other providers,<br />

including Oak Park, Dr J, <strong>and</strong> particularly CADS.<br />

222. There is very little evidence of communication between <strong>Taikura</strong> <strong>Trust</strong> staff regarding<br />

Ms A, but it is not possible to establish the extent to which this was a lack of<br />

communication, or a failure to record it. Either way, this is a problem. Several staff<br />

members were involved in Ms A’s service from <strong>Taikura</strong> <strong>Trust</strong>. Their involvement<br />

took place over an extended period of time, it included staff employed directly by<br />

<strong>Taikura</strong> <strong>Trust</strong> as well as contracted staff, <strong>and</strong> different people were responsible for<br />

different aspects of the service.<br />

223. Irrespective of <strong>Taikura</strong> <strong>Trust</strong>’s responsibility to ascertain who it should be<br />

communicating with on Ms A’s behalf, it should also have been consulting with Ms<br />

A, to the extent appropriate to her competence. Ms O recalls that for a time, <strong>Taikura</strong><br />

<strong>Trust</strong> received calls daily from Ms A, or Oak Park staff on her behalf. Mr V recalls<br />

39 See, for example, the Social Services Committee report from the Inquiry into the quality of care <strong>and</strong><br />

service provision for people with disabilities (September 2008), available at http://www.parliament.nz/<br />

NR/rdonlyres/06259D2F-780B-40A0-9170-005C8C046E72/93089/DBSCH_SCR_4194_6219.pdf<br />

40 http://www.lawcom.govt.nz/sites/default/files/publications/2010/10/r118_compulsory_treatment_for<br />

_substance_dependence.pdf<br />

38 3 November 2010<br />

Names have been removed (except <strong>Auckl<strong>and</strong></strong> DHB, <strong>Taikura</strong> <strong>Trust</strong>, <strong>Aranui</strong> <strong>Home</strong> <strong>and</strong> Hospital/Oak<br />

Park Dementia Unit <strong>and</strong> the expert who advised on this case) to protect privacy. Identifying letters are<br />

assigned in alphabetical order <strong>and</strong> bear no relationship to the person’s actual name.

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