The Health and Disability sector has also seen some positive developments. These
include the launch of the Zero Seclusion project initiated and led jointly by Te Pou
and the Health Quality and Safety Commission (HQSC); an increased use of sensory
modulation spaces and techniques; refurbishment of existing facilities, including
seclusion rooms and units, and plans for additional newly built, modern facilities.
However, seclusion persisted in Health and Disability facilities, and at the time of
this review some refurbishment plans were being delayed.
It was positive to note that the newly established Oranga Tamariki – Ministry for
Children, which took over responsibility from the Department of Child, Youth and
Family for the care of children and young people in state residences in 2017, is
committed to greater incorporation of Mäori culture and values in how children in
care are treated. This commitment is also enshrined in law (Oranga Tamariki Act
1989, as amended in 2017), though it is early days to assess the degree to which
this commitment is reflected in practices on the ground.
Corrections have similarly committed to greater focus on issues of race and
ethnicity, for example, in its strategy document Hökai Rangi: Ara Poutama
Aotearoa Strategy: 2019-2024.1 This, too, is very positive and welcome and,
as the analysis in this report demonstrates, much needed. This focus could also
benefit, in my view, from stronger Mäori voices amongst Corrections’ workforce,
especially at the managerial levels and not only in cultural roles, but also in
other areas of the prison, including the development of use of force policies
and practices.
The overall picture, though, positive developments notwithstanding, was
disappointing. With the exception of the Department of Corrections, detaining
agencies were unable to produce comprehensive and up to date data on their use
of seclusion and other forms of restraint on request. By and large data needed to be
collected especially for this review, meaning long delays and data of varied quality.
Despite the apparent goodwill, an understanding of the undesirability of seclusion
and restraint practices – and the availability of strong research and inspection
reports to back this knowledge – not much appears to have changed on the ground.
Many of the issues identified in Thinking Outside the Box? including an overuse
of seclusion and restraint; risk averse policies and practices; poor record keeping;
impoverished regimes; poor material conditions; lack of individual autonomy; and
over-reliance on staff good will and availability, remained a concern.
Too many people continued to be held for too long in sparsely furnished rooms
and cells, with limited access to fresh air and exercise, and with little access to
meaningful human contact.
1.
Available at: https://www.corrections.govt.nz/__data/assets/pdf_file/0003/38244/Hokai_Rangi_Strategy.pdf
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