to sustain appropriate support for young people with
respect to their disability support needs. Inspectors
encountered a 15-year-old being managed in an
adult secure home due to the lack of appropriate
youth facilities. The lack of appropriate youth beds
has brought about an inappropriate default to the
mental health and criminal justice pathways to
find a solution for some youngsters. Inspectors
noted several 16 and 17-year olds being managed
in acute mental health units due to the lack of
secure youth beds. While there were measures put
in place to mitigate the risks for the youth (line of
sight supervision), the mixing of youth and adults is
a breach of the United Nations Convention on the
Rights of the Child.
As well as raising our concerns at the time of the
inspection, ongoing discussions are being held with
the National Manager for Intellectual Disability and
A question of restraint
A thematic inspection into the care and
management of prisoners at risk of self-harm or
suicide found that the use of restraints on five
prisoners amounted to cruel, inhuman or degrading
treatment.
In March 2017 Chief Ombudsman Peter Boshier
published our first thematic OPCAT report A
Question of Restraint, about the use of seclusion
and restraint in five At-Risk Units in New Zealand
prisons. Some jurisdictions that have ratified
OPCAT have banned the use of tie-down beds.
The Chief Ombudsman found that the Department
of Corrections had breached Article 16 of the
United Nations Convention Against Torture in its
use of restraints on five prisoners. One prisoner
was tied to a bed for 37 consecutive nights, the
period of his restraint coinciding with reduced
staffing; another was kept in a waist restraint with
his hands cuffed behind his back for 12 weeks, the
cuffs being removed every two hours during the
day and every four hours at night.
The Chief Ombudsman also found that monitoring
At-Risk Units at all times by a live camera feed,
the Children’s Commissioner to find a workable
solution.
Mental Health
(Compulsory Assessment and Treatment) Act
Similar to last year, Inspectors observed an increase
in pressure on acute admission beds with dayrooms,
offices, and seclusion rooms routinely being used as
bedrooms. The effect of high occupancy levels was
having a detrimental effect on the health of staff
and service users as well as reducing staff ability to
provide optimal nursing care. The risks associated
with high occupancy levels has resulted in an increase
in restrictions for all service users, including voluntary
clients. Service users reported to the Inspectors that
the environmental restrictions (locked doors), and
lack of autonomy adversely affected their experience
of the Service. Inspectors also noted evidence of
including when prisoners were abluting, was
degrading treatment under the Convention Against
Torture. Other concerns included a lack of mental
health training for Corrections staff, limited
interaction or therapeutic activities for prisoners
isolated in At-Risk Units, poor record keeping, and
limited staff training. In response to the report,
Corrections has started a review of its practice in
At-Risk Units and we will monitor progress.
Our OPCAT team also supported international
human rights expert Dr Sharon Shalev when she
visited New Zealand in late 2016 at the invitation
of the Human Rights Commission to consider
seclusion and restraint practices in prisons, health
and disability units, youth justice and care and
protection residences. Dr Shalev’s report Thinking
Outside the Box recommended New Zealand
eliminate the use of mechanical restraints
altogether.
A Question of Restraint is available at
www.ombudsman.parliament.nz
Thinking Outside the Box is available at
www.seclusionandrestraint.co.nz
19
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