Service to support victims of abuse in state care
Hon Rick Barker
Minister of Internal
Affairs
8 July 2008
Media
Statement
Confidential Listening and Assistance
Service to support victims of abuse in state
care
Internal Affairs Minister Rick Barker today announced the appointment of Judge Carolyn Henwood as Chair to the confidential Listening and Assistance Service, and released its terms of reference.
The Service is based on the Confidential Forum for Former In-Patients of Psychiatric Hospitals, established in 2004 to provide an opportunity for former in-patients to speak about their experiences.
“Given the success of the Confidential Forum, the government decided to extend the listening and assistance services of the forum to all people who allege abuse or neglect or have concerns about their time in state care in the health, child welfare or residential special education sector prior to 1992,” Mr Barker said.
“This date was chosen as it reflects the time by which these sectors had modernised their standards and improved mechanisms to manage complaints.”
Once the Service is operating, it
will:
• provide the opportunity for participants, along
with their families if participants wish, to talk about
their concerns and/or experiences with a panel of suitably
qualified people
• help participants and their families
identify their needs and get assistance to access services
on a non-preferential basis compared to other members of the
public
• enable participants to access information held
about them by the State, in an environment where they can
ask questions and seek corrections to the information held
• assist participants to come to terms with their
experience and achieve closure, as far as it is reasonable,
within the context of the Service.
The Service is not intended to determine liability or the truth of participants’ experiences or stories, nor provide for the payment of compensation.
“I am very pleased that Judge Henwood has accepted the position of Chair of the Service. Judge Henwood is a member of the New Zealand Parole Board and has over 20 years experience as a District Court and Youth Court Judge. The mediation and negotiation skills that Judge Henwood has developed throughout her career will be of great assistance to help participants talk about their concerns or experience in State care,” Mr Barker said.
The Service will be established over the coming months. Once it is up and running, information will be provided about how those wishing to take part in the Service can do so.
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Terms_of_Reference__LAS.pdf
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Confidential Listening and Assistance
Service: Questions and Answers
What is the
Confidential Listening and Assistance Service?
The
Confidential Listening and Assistance Service (the Service)
is a new body established by the Government to provide
assistance to those who allege abuse or neglect or have
concerns about their time in State care in the health, child
welfare or residential special education sector prior to
1992.
Why has the Service been established?
The
Service is largely based on the Confidential Forum for
Former In-Patients of Psychiatric Hospitals, established in
2004 to provide an opportunity for former in-patients to
speak about their experiences. Given the success of
Confidential Forum, the Government decided to extend the
listening and assistance services of the forum to all those
in State care before 1992 rather than just those who were in
psychiatric hospitals.
Who is eligible to participate
in the Service?
The Service is open to those who were
in State care in the health, child welfare or residential
special education sector prior to 1992 who wish to talk
about their concerns and/or experiences. If participants
wish, their families may attend to support them.
Why
is the Service only open to those who were in State care
before 1992?
This date was chosen as it reflects the
time by which these sectors had modernised their standards
and improved mechanisms to manage complaints.
What
are the functions of the Service?
The functions of
the Service are to:
• provide the opportunity for
participants, along with their families if participants
wish, to talk about their concerns and/or experiences with a
panel of suitably qualified people;
• help participants
and their families identify their needs and get assistance
to access services on a non-preferential basis compared to
other members of the public;
• enable participants to
access information held about them by the State, in an
environment where they can ask questions and seek
corrections to the information held; and
• assist
participants to come to terms with their experience and
achieve closure, as far as it is reasonable, within the
context of the Service.
The Service is not intended to determine liability or the truth of participants’ experiences or stories, nor provide for the payment of compensation.
How will the Service
operate?
The Service will operate as a panel of
appropriately qualified individuals who will meet with
participants and hear their stories. As outlined in the
Terms of Reference for the Service, members of the panel
will be selected because they:
• are familiar with at
least one aspect of State care in New Zealand from a
consumer’s perspective; and/or
• have a significant
and respected community profile.
The membership will
include a gender and cultural mix to reflect the background
of likely participants.
Participants will be able to
appear before the panel and have their stories heard in a
comfortable, confidential and private setting. The panel
will normally be made up of three members but meetings can
be held with two members if necessary. Participants may
also be permitted to have their story heard by one member
alone if this is what they would prefer.
Facilitators
will be available to participants to provide them with
support through the process.
Judge Carolyn Henwood has been appointed Chair of the Service. No panel members have yet been appointed to the Service.
Why has Judge
Henwood been chosen to chair the Service?
Judge
Henwood is a member of the New Zealand Parole Board and has
over 20 years experience as a District Court and Youth Court
Judge. During that time, Judge Henwood has been involved
with youth and criminal justice issues, as well as having
significant involvement in the arts. Judge Henwood has also
been involved in Te Hurihanga, a residential programme aimed
at preventing youth re-offending. The mediation and
negotiation skills that Judge Henwood has developed
throughout her career will be of great assistance to help
participants talk about their concerns or experience in
State care.
When will the Service be established and
how long will it run for?
The Service will be
established over the coming months. It is anticipated that
the Service will run for a period of approximately five
years. However, this length of time depends on the number
of participants who choose to take part in the Service. The
Service may operate for a lesser or greater period of time
depending on demand.
If I participated in the
Confidential Forum can I also participate in the
Service?
The terms of reference do not explicitly
exclude this possibility. It will be up to the members of
the Service whether it will allow those who have previously
participated in the Confidential Forum to also participate
in the Service.
If I participate in the Service will
anyone else be able to find out what I have said?
The
Service must ensure that processes and systems are
established to maintain complete confidentiality.
Participants must be advised that they participate on the
basis that what is said to the panel will be treated as
strictly confidential to the extent possible under the
law.
Will the Service impact on litigation that is already before the Courts? The litigation will be able to continue separately from the work of the Service. The work of the Service is not to confirm truth or guilt but is designed to assist people in another manner.
How much
will the Service cost?
This will depend on its
duration and the number of participants. $1.6m has been
budgeted for the first full year of operation for the
Service.
How will you publicise the Service to the
general public?
This will be done widely through the
media and other appropriate channels such as consumer
groups.
Who is responsible for administering the
Service?
The Department of Internal Affairs will have
responsibility for appointing the panel members and
administering the Service.
Once the Service is up and running, information will be provided about how those wishing to take part can do so.
ENDS