New Zealand Human Rights Commission Submission to the CAT in relation to NZ’s 6th
periodic review
174.
It is recommended that the Government take steps to develop a national strategy
and agree a set of actions to ensure the provision of mental health care in places
of detention which includes mechanisms to ensure the timely sharing of
individuals’ health information across Government agencies.
Seclusion
175.
The Commission recognises that within a detention context it may be necessary to
temporarily separate a person from other detainees for their own or others' safety.
Human rights standards require that the use of segregation, seclusion or other
conditions amounting to isolation must be limited and accompanied by safeguards,
such as monitoring, review and appeal processes. Because of the potentially harmful
effects on a person’s physical and mental health, human rights minimum standards are
premised on the notion that conditions amounting to ‘isolation’ should be a measure
of last resort and used for as short a time as possible.
176.
Although there has been an improvement in the philosophy of care in many mental
health facilities the Ombudsman has identified some facilities where controlling
practices are still in place. Specifically two forensic units were identified in
2012/2013 where a blanket policy was applied of locking patients in their bedrooms
overnight.
177.
The Office of the Director of Mental Health’s annual report provides the following
data in relation to seclusion in 201394
Between 1 January and 31 December 201, 7146 people spent time in New Zealand
adult mental health units (excluding forensic and other regional rehabilitation
services). Of this total, 768 (10.7 percent) were secluded at some time during the
reporting period.
178.
Annual seclusion rates have been progressively dropping since a reduction policy was
introduced in 2009. The Office of the Director of Mental Health annual report shows
that the total number of seclusion hours has decreased nationally by 50 percent
between 2009 and 2013.95 However some district health boards (“DHB”) are
94
95
Ministry of Health (2013) 2012 Annual Report, Office of the Director of Mental Health
Ibid.
67