The poison chalice

A blog entry from Off The Couch by Kyle MacDonald

I’m pretty optimistic by nature, so forgive my spin on this one. Maybe it’s also just my need to feel like we are actually making a difference. But I honestly believe we are.
It seems ACC are unable to find a “reviewer” for the new clinical pathway. Rumours are two have been approached, and turned it down flat. So how is this a victory? First some background.

Read the rest of this entry at http://www.psychotherapy.org.nz/index.php?page=blog

Question for written answer

2467 (2010). Hon David Parker to the Minister for ACC: How many Sensitive Claims have been sent for review, by region, since 1 November 2008?
Hon Dr Nick Smith (Minister for ACC) replied: Corrected reply: I refer the Member to the attached table which provides the total number of Sensitive Claim reviews lodged from 1 November 2008 to 13 March 2010, by region of residence at the time the claim was lodged. These figures include reviews lodged for both cover and entitlement decisions.
http://www.parliament.nz/en-NZ/PB/Business/QWA/3/9/6/QWA_02467_2010-2467-2010-Hon-David-Parker-to-the-Minister-for-ACC.htm

Letter re: independent review of ACC sensitive claims guidelines

Letter from Lynne Pillay MP to Hon Nick Smith, Minister for ACC

16 March 2010

Dear Minister

Re: Independent Review of ACC Sensitive Claims Guidelines

I note that you have made a commitment and confirmed that commitment, both in Oral and Written replies to Questions, to progress a six month Independent Review of ACC Sensitive Claims Guidelines.
The new ACC Guidelines were introduced in October 2009 and the review is due in April 2010. I have consulted widely with professionals and the professional organisations working in the field. To date, no organisations or professionals have been consulted about Terms of Reference for the Review nor have they received any information at all regarding the Review. Also you have confirmed, through written question number 01328 (2010), that there have been no committees, taskforces, or other work groups relating to Sensitive Claims established since 1 January 2010. This is of great concern given that preparation for the Review should be well underway at this stage.
In order for survivors of sexual abuse, their family and support people and professionals to have any confidence in the Review it is imperative that there is consultation with the appropriate organisations who I know have communicated with you on numerous occasions. There must also be confidence that the review is fully independent.
We in Labour are extremely concerned at the treatment of victims/survivors of sexual abuse under this pathway and have been inundated, as you have, with complaints from clients and professionals working in the field. These complaints include many clients who are still waiting for many months to hear if their complaint has been approved and a dramatic escalation in cases being declined.
In short ACC's Sensitive Claims Unit is in an absolute shambles and the government appears to be doing nothing about it. ACC has stated that they want to cut costs and this is clearly happening with the treatment of victims and survivors of sexual abuse.
If the comprehensive feedback from counsellors, psychotherapists and victims/survivors of sexual abuse was given proper consideration by the government then the new pathway should not have even commenced. However that is not the case but given the stress and anxiety and effective re-victimisation of victims because their treatment by ACC it is imperative that this Review is undertaken expediently.
I request that you provide me with all information to date on the proposed Terms of Reference and the process that is planned to select the members of the Review panel.

Yours sincerely

Lynne Pillay
Labour MP
Labour Spokesperson for Disability Issues
Associate Labour Spokesperson Justice - Victim Rights

http://ncwnz.org.nz/assets/Action/2010-03-16-Hon-Nick-Smith.pdf

Help us stop ACC cuts

An article from the Whakatane Beacon

Increasing fears among counsellors in the Eastern Bay that their at-risk patients may go without help under new ACC legislation may prompt them to provide their services for free.
The Government introduced a new Sensitive Claims Unit in October last year, which requires clients to be diagnosed with a mental illness as a result of sexual abuse in order to receive ACC compensation. Under these new rules, sexual abuse victims must first visit a doctor, clinical psychologist or psychiatrist who would determine whether the client has a mental injury arising from a criminal event. If the person qualifies they can then make a claim to ACC.
However a group of five counsellors from Opotiki and Whakatane say they already knew of several cases where this new process had been followed - but the claims had still been turned down. The five counsellors and Whakatane Women’s Refuge manager Wini Te Are recently met with Labour MPs Ruth Dyson and Moana Mackey in Whakatane to air their concerns and ask for answers. At that meeting Anne Doree, Caren Mandemaker, Debbie Magee, Marion van Delden, Tracy Hillier and Ms Te Are expressed their concern about the long-term social cost of denying people counselling and the effect on their clients, who were upset that nobody had asked them.
Opotiki counsellor Debbie Magee said the new legislation had created a big hurdle for those seeking assistance to get ongoing support. Quick intervention was crucial at that early stage. Since it had been introduced there had been a huge decline in people coming forward - but that didn’t reflect a reduction in need, which was how supporters of the change would likely interpret such statistics. “They are just too frightened,” she said. “The process is already frightening and this has made it worse. I’m really angry.”
Anne Doree, a counsellor for the Chrysalis Group in Whakatane, said they were likely to end up treating clients voluntarily if they did not qualify for ACC funding. “We can’t not help these women”. Providing their services for free would seriously undermine their years of experience, she said.
Private practice counsellor Marion van Deldon said many of her clients, particularly the men, wanted her to tell the MPs that they would be “out there killing people” if it wasn’t for counselling they received. Ms van Deldon said making counselling services less accessible to those in need would inevitably result in escalating crime and substance abuse and, ultimately, an over-burdened prison system.
Ms Te Are said she was worried the already-pressured refuge would have to cover services that were no longer available in the Eastern Bay and they would bear the brunt of the social impact of these changes. “We are really worried about the direction the Government is taking,” she said. “We are struggling to provide a service in the Eastern Bay and we are well over our voluntary level already. We can’t sustain all the work in the community.”
Rape Crisis was no longer available in the district and this was one of the extra services now being covered by refuge volunteers.
Former ACC minister Ruth Dyson said she and her colleagues were battling the changes in Parliament. “I have heard some heartbreaking cases and it is terrible that these people are the first ones to be victimised,” she said. Ms Dyson said it was clearly the Government’s agenda to eventually privatise ACC but if this happened, Labour would renationalise if they were victorious in the 2011 election.
Ms Mackey, Labour’s East Coast-based list MP, said the issue was too important to let go and they would keep questioning the minister Nick Smith about it. “It isn’t an issue we are going to drop,” she said. “The system was working before so we just need to keep the pressure on. This is a government that, when it’s put under pressure, it backs down.”

© 2010 Whakatane Beacon
http://www.whakatanebeacon.co.nz/cms/news/2010/03/art10006821.php

ACC changes 'lead victims to shun aid'

An article from the Manawatu Standard by Janine Rankin

Many sex abuse victims seem to have given up asking anyone for help since changes last year in the way ACC sensitive claims are assessed.
Ann Kent, Abuse and Rape Crisis Support (Arcs) Manawatu manager, said the number of people asking about, applying for or being approved for ACC support had fallen dramatically.
Between December 2008 and last June, between seven and 17 claims a month were being accepted in the Manawatu-Wanganui region, with between eight and 13 a month being declined. In the first two months of this year, no claims were accepted, and six or more were declined.
Ms Kent said she was concerned people suffering the after-effects of sexual abuse had disappeared.
"They are not going to ACC, they seem to have decided it all sounds too hard. But they are not going to anyone else either."
She said Arcs had not seen any significant increase in referrals since last year. Other agencies offering counselling had recorded only slight increases.
"We are obviously very concerned about survivors, and want to make sure people are aware that there are alternatives to ACC that are free or low cost."
Ms Kent said that as the only specialist sexual abuse help community group, Arcs expected to see more people seeking help when they were declined ACC help or decided not to apply for it.
Counselling services run by the Women's Health Collective, Relationship Services, Across, Te Aroha Noa, Christian Counselling Centre, Te Runanga O Raukawa and Manline offered support and referrals. The Women's Health Collective and Methodist Social Services said they had not seen an increase in numbers either.
The Manawatu Standard asked ACC Minister Nick Smith if he was satisfied that people with a legitimate case for counselling were seeking and receiving the help they needed. His spokesman said the changes around sensitive claims were driven entirely by clinicians and were not about cost cutting.
"It is true that concern has been raised by some counsellors about the new pathway to managing sensitive claims."
An independent clinical review of ACC's processes for dealing with sensitive claims would be announced next month.
"It is the minister's intention to ensure those leading the review are well qualified to provide claimants and all New Zealanders with an assurance that what ACC is doing in this area is in the best interests of those claimants."
He said ACC's new approach was the result of more than four years' work and reflected evidence-based clinical guidelines developed by ACC following research from Massey University under the previous government.

http://www.stuff.co.nz/manawatu-standard/news/3433842/ACC-changes-lead-victims-to-shun-aid

Big drop in sex abuse claim approvals

An article from the Dominion Post

Administrative changes to the processing of sexual abuse claims had led to a dramatic drop in the number approved for counselling, Labour MP Lynne Pillay said yesterday.
Just 32 cases had been approved for counselling in the first two months of this year, compared to 472 in January and February 2009.
Another 112 applicants this year had their cases for ACC support declined and "hundreds of people are languishing in no-man's-land waiting for their claims to be processed", Ms Pillay said.
ACC Minister Nick Smith has promised to hold a six-monthly review of the changes, but this had yet to take place.
The Government has said the changes were not cost-cutting measures introduced by them, but were recommended by clinicians as part of better practice.

© 2010 Fairfax New Zealand Limited

http://www.stuff.co.nz/dominion-post/politics/3427254/Big-drop-in-sex-abuse-claim-approvals

Questions for written answer

1796 (2010). Hon David Parker to the Minister for ACC: How many sensitive claims did ACC receive each month in 2008 and how many of these were declined broken down by claim category?
Hon Dr Nick Smith (Minister for ACC) replied: Corrected reply: I refer the Member to the attached table which shows all new sensitive claims lodged with ACC from 01 January 2008 until 31 December 2008. ACC does not capture specific data, for reporting purposes, regarding the sensitive claim categories. To provide the Member with this information would involve substantial analysis of individual claims.
http://www.parliament.nz/en-NZ/PB/Business/QWA/1/c/a/QWA_01796_2010-1796-2010-Hon-David-Parker-to-the-Minister-for-ACC.htm

1797 (2010). Hon David Parker to the Minister for ACC: How many sensitive claims did ACC receive each month in 2009 and how many of these were declined broken down by claim category?
Hon Dr Nick Smith (Minister for ACC) replied: Corrected reply: I refer the Member to the attached table, which shows all new sensitive claims lodged with ACC from 01 January 2009 until 31 December 2009. ACC does not capture specific data, for reporting purposes, regarding the sensitive claims categories. To provide the Member with this information would involve substantial analysis of individual claims.
http://www.parliament.nz/en-NZ/PB/Business/QWA/e/b/f/QWA_01797_2010-1797-2010-Hon-David-Parker-to-the-Minister-for-ACC.htm

1798 (2010). Hon David Parker to the Minister for ACC: How many sensitive claims has ACC received each month in 2010 and how many of these were declined, broken down by claim category?
Hon Dr Nick Smith (Minister for ACC) replied: Corrected reply: I refer the Member to the attached table, which shows all new sensitive claims lodged with ACC from 01 January 2010 until 6 March 2010. ACC does not capture specific data, for reporting purposes, regarding the sensitive claim categories. To provide the Member with this information would involve substantial analysis of individual claims.
http://www.parliament.nz/en-NZ/PB/Business/QWA/d/5/9/QWA_01798_2010-1798-2010-Hon-David-Parker-to-the-Minister-for-ACC.htm

1799 (2010). Hon David Parker to the Minister for ACC: What is the average length of time it has taken ACC to determine whether to accept or decline a sensitive claim for the year to the end of December and how does this compare to the previous year?
Hon Dr Nick Smith (Minister for ACC) replied: Corrected reply: I refer the Member to the attached table, which shows the average length of time it has taken ACC to determine whether to accept or decline a sensitive claims for the year to the end of December 2008 and 2009.
http://www.parliament.nz/en-NZ/PB/Business/QWA/3/d/3/QWA_01799_2010-1799-2010-Hon-David-Parker-to-the-Minister-for-ACC.htm

Nick Smith’s mismanagement continues to hurt sexual abuse victims and survivors

A press release from the Labour Party by Lynne Pillay

Victims and survivors of sexual abuse are caught in a bureaucratic nightmare that has seen just 32 people approved for counselling nationally in the first two months of this year, Labour’s Victims Rights spokesperson Lynne Pillay says.
“In January and February 2009 ACC approved 472 sensitive claims enabling survivors of sexual abuse to access the counselling services they need. This year however just 32 people nationally have had their cases for counselling approved for the same period.
“While 112 people have had their cases for ACC support declined and hundreds of people are languishing in no man's land waiting for their claims to be processed,” Lynne Pillay said.
“If this is the National Government’s idea of frontline services, then heaven help anyone who needs support.
“Counsellors and psychotherapists have told me that hold-ups, reams of paperwork and blatant cost cutting are now the norm when they try to support a sexual abuse victim’s case for counselling,
“Changes made by the National Government for people accessing counselling services have been an unmitigated disaster that has caused people who have suffered at the hands of sexual predators even more suffering.
“ACC Minister Nick Smith promised to hold a six monthly review of the changes he has initiated. However, nearly six months after first announcing the review he has yet to even determine the Terms of Reference and so far not one psychotherapist who I have had contact with has been consulted about the review.
“I now firmly believe that under pressure from victims, survivors, counsellors and the public Dr Smith simply announced a review without actually doing anything about it.
“Meanwhile people in desperate need of counselling services are going without, because Dr Smith simply refuses to accept that the policy that he instituted is failing dismally.
“Dr Smith’s entire handling of this issue is a disgrace. His changes have moved the goalposts now making it almost impossible for victims and survivors to receive the help they deserve
“Professionals working in this field have described the new process and guidelines a bureaucratic minefield that it is designed to cut costs rather than help those victims and survivors who have sought help.
“People who have suffered at the hands of paedophiles and rapists deserve better,” Lynne Pillay said.

See also: http://img.scoop.co.nz/media/pdfs/1003/01228_2010__PQ_01228_2010_Table.pdf

http://www.labour.org.nz/news/nick-smith%E2%80%99s-mismanagement-continues-hurt-sexual-abuse-victims-and-survivors

Women's rights slipping in New Zealand

A blog entry from E2NZ

On International Women’s Day we thought we’d do a round up of just three issues that impact on women in present day New Zealand and look to see what progress, if any, is being made with them. What we found is that women’s affairs are going backwards ...

Read the rest of this entry at http://emigratetonewzealand.wordpress.com/2010/03/08/womens-rights-slipping-in-new-zealand/

Questions for written answer

1710 (2010). Lynne Pillay to the Minister for ACC (05 Mar 2010): How many sensitive claims were lodged, and how many did ACC approve and decline in November and December 2008 and January and February 2009, by region?
Hon Dr Nick Smith (Minister for ACC) replied: Corrected reply: I refer the Member to the attached table, which shows all new sensitive claims lodged with ACC from 01 November 2008 to 28 February 2009, by region of accident, and including the decision status of the claim. I caution the member from using data over such a short time frame to draw significant conclusions, particularly the months around Christmas when claims numbers can vary due to holiday periods for practitioners.
http://www.parliament.nz/en-NZ/PB/Business/QWA/f/d/6/QWA_01710_2010-1710-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

1711 (2010). Lynne Pillay to the Minister for ACC: How many sensitive claims were lodged, and how many did ACC approve and decline in November and December 2009 and January and February 2010, by region?
Hon Dr Nick Smith (Minister for ACC) replied: Corrected reply: I refer the Member to the attached table which shows all new sensitive claims lodged with ACC from 01 November 2009 to 28 February 2010. The table shows the regions in which the accidents were recorded, and the claim’s current decision status. When collecting the data on claims where a decision has not been made, ACC has also attempted to gather information about the reasons for the delay. These reasons have been grouped into two categories, awaiting necessary external information, and under assessment by ACC for claims decision. In the latter, the assumption is that ACC has received sufficient information to begin deliberating on the cover decision. I would caution the member around drawing conclusions over just a four month period, covering Christmas, when data for this period is atypical as a consequence of many people taking holidays during January.
http://www.parliament.nz/en-NZ/PB/Business/QWA/b/6/d/QWA_01711_2010-1711-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

Questions for written answer

1328 (2010). Lynne Pillay to the Minister for ACC: What committees, taskforces, or other work groups has he or his officials established since 1 January 2010, relating to sensitive claims?
Hon Dr Nick Smith (Minister for ACC) replied: There have been no committees, taskforces, or other work groups relating to Sensitive Claims established since 1 January 2010. The Member may wish to note that I have asked, and ACC have agreed that an independent review of the new clinical guidelines be conducted 6 months after they have been implemented.
http://www.parliament.nz/en-NZ/PB/Business/QWA/a/2/3/QWA_01328_2010-1328-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

1329 (2010). Lynne Pillay to the Minister for ACC: What, if any, written reports relating to sensitive claims has he received since 1 January 2010, by date and title?
Hon Dr Nick Smith (Minister for ACC) replied: The Member has other, more appropriate, avenues to request such information.
http://www.parliament.nz/en-NZ/PB/Business/QWA/c/5/6/QWA_01329_2010-1329-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm