Commissioner’s investigation shows that women’s rights have been violated in a care home – 24HDC00460

A woman’s rights under the Code of Health and Disability Services Consumers’ Rights (the Code) were breached by a care worker when he provoked her, retaliated by spitting at her, failed to intervene when she self-harmed, and verbally abused her , Deputy Commissioner for Health and Disability Rose Wall said in a decision released today.

The woman lived in a residential care setting for the disabled and had multiple complex social and mental health problems that could manifest in challenging behavior and actions. The interactions between her and the counselor at the center of the investigation, in which the counselor was heard verbally abusing her and spitting at her, were captured on video.

A complaint was made to HDC about the woman being recorded without her consent, but the content of these recordings was of sufficient concern to Ms Wall to undertake a Commissioner Initiated Investigation (CII).

I view this complaint as significant because it raises concerns about a long-term care worker’s verbal abuse of a vulnerable consumer with dual disabilities and challenging behavior in residential care. The complaint would never have been brought to the attention of this office if it had not come to light in another complaint investigation,” Ms. Wall said.

Ms Wall said it was clear the care worker had provoked and insulted the woman, which amounted to serious disrespect, and failed to intervene when the woman injured herself.

“There were many options available for (Mr. B) to intervene, including talking to (Ms. A), applying de-escalation techniques he had learned in Nonviolent Crisis Intervention training, and/or calling for help. of these actions or any other form of intervention.

“I am critical and shocked watching and listening to the videos, and I am of the opinion that (Mr B) has behaved completely inappropriately towards Mrs (Mrs A). Under no circumstances is it acceptable for a community support worker to behaves this way.’

Ms Wall found that the man failed to treat the woman with respect – contrary to Right 1(1) of the Code, and that he failed to treat the woman with dignity, contrary to Right 3.

Ms Wall advised (Mr B) to issue a formal apology to the woman and re-familiarize him with the Code. Although (Mr. B) no longer works in residential care, in case he finds work as a support worker, Mr. consumers and relationship management. communicate with people who exhibit difficult behavior.
Evidence of these actions must be provided to HDC.