The Ministry of Health's Director of Mental Health, Dr John Crawshaw, is considering what further action is needed following the receipt of Health New Zealand's Rapid Incident Review of the Waikato Hospital Event.
Under the Mental Health Act, the Director of Mental Health has statutory powers to examine the events that took place at Waikato Hospital, including whether an inquiry under Section 95 is required.
Dr Crawshaw said, 'Firstly, I would like to acknowledge the distress this incident has caused to the young person and their whānau. This event should never have happened and it is important that we fully understand what took place.
'I have now had Health New Zealand's findings into the event referred to me, I'm looking at the findings and will be considering whether to use my statutory power to instigate a Section 95 Inquiry. In doing so, I will consider how this may sit with any other potential investigations.'
The Director of Mental Health expects to finish his initial review next week and will formally notify Ministers on the next steps after that.
A Section 95 inquiry can be instigated under the Mental Health Act by the Director of Mental Health where there are concerns of a systemic nature or there is a major incident that requires an independent statutory investigation.
About Section 95 inquiries
The Director of Mental Health plays a crucial role in strengthening mental health services by commissioning section 95 inquiries into serious matters where patients may have been harmed or issues affecting services.
These inquiries can range from large-scale formal inquiries into significant incidents to routine, focused investigations into individual incidents - as would be the case here.
The Director of Mental Health commissions these inquiries from District Inspectors, who are lawyers appointed to the role and who would carry out the inquiry and who have the authority to summon witnesses and collect evidence, enabling very thorough investigations.
The inquiry findings are reported to relevant authorities to address unresolved issues and recommend improvements to service provision, policies, or legal frameworks.
S95 inquiries would usually follow on from an internal investigation where the Director of Mental Health considered further inquiry was warranted.
This process is part of the broader framework of mental health services and ensures an appropriate level of accountability and quality improvement in mental health care.
