Off the Couch
The weblog of Kyle MacDonald.

 

A psychotherapist's view of events and happenings in Aotearoa and beyond...

 

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System failure

by Off the Couch: Kyle MacDonald on May 8, 2012

I was always taught not to raise the topics of politics, sex or money unless you wanted to start an argument.  Todays policy announcement about free long term contraceptives for beneficiaries from National raises all three.

But why are people so concerned?  John Key seems keen to reassure us it is all optional:

“Mr Key said he did not believe Work and Income case managers would put undue pressure on beneficiaries to take up the long-term contraceptive options, saying they would simply be made aware of the options they had.” http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10804304

I think the question we need to ask is what can happen when people who have been disempowered, victimized by trauma, and suffering mental health difficulties engage with these policies in the real world?

Firstly I agree with Mr Shearer, quoted in the same article, that it is inappropriate for non-health professionals to be discussing health matters such as contraceptive choices with women or teenage girls in their role as a case manager.

With all due respect to WINZ case mangers, this is a health decision, and best left to the people who are actually trained and registered to help people make such a decision, namely doctors and health specialists.  And given recent events do I even need to point out the potential privacy issues?

Secondly policies are implemented by people.  And therein lies the core of the problem.  I have heard too many horror stories of how people with complex histories and difficulties can be mis-treated and outright abused by “systems.”

This is what therapists would call “enactments” where people with a history of being abused and mistreated find themselves being further bullied or mistreated by systems, be it WINZ, the ACC, CYFS or the health system.  John Key’s “belief” that this won’t happen does very  little to reassure me on this point.

People with little power, few skills, and a BIG incentive to be “compliant”,(namely their only source of income) can easily be gently coerced or outright forced into decisions they feel uncomfortable about.  The idea that even one woman could find herself in a position of having to accept a health procedure, which comes with considerable risks and side effects to keep their income, deeply troubles me.

Think about this for a moment.  Imagine an eighteen year old woman who is single, unemployed and is actively trying to get pregnant. Her morally conservative and enthusiastic WINZ case manager attempts to convince her to access free long term contraception.  She refuses this offer which results in conflict between her and her case manager and she comes to be seen by staff as “problematic” and “difficult.”

As a result this young person, anxious and frightened of the “system” starts to receive less entitlements and poor service.  She becomes pregnant and as a result receives disapproving comments, snide remarks and less offers of help and support to which she is entitled.  Believing she is unable to complain she simply tolerates it as “more of the same” from a world she has already learnt to mis-trust.  She becomes less and less willing to engage with services that may be able to help her, and her quality of life deteriorates.

Far fetched?  I don’t think so.  And while you may have a moral position on her decision, she has broken no laws and is entitled to the choice she has made.  And as soon as the state starts to have influence over maters of reproductive choices, we are on very, very dangerous ethical and moral ground.

National would not hesitate when in opposition to yell “nanny state” when Labour announced social policy they disagreed with.  But given the choice I’d rather have a nanny state than a strict and disapproving “daddy” state any day.

{ 13 comments }

Legal row over ACC blogger

by Off the Couch: Kyle MacDonald on April 15, 2012

This article appeared on the Stuff website on Sunday the 15th, 2012.

 

A senior medical officer in ACC’s sensitive claims unit has made legal threats to a blogger who posted information about his employment history, in the wake of a mass privacy breach.

Peter Dodwell, the branch medical advisor of the unit that deals with rape and abuse victims, was fired from his previous job in Australia over a privacy issue.

Both Dodwell and ACC’s senior medical advisor, Peter Jansen, have threatened legal action against blogger Kyle Macdonald, a psychotherapist who regularly speaks out against the corporation.

The revelations come as the Auditor General prepares to investigate ACC’s governance, adding to an inquiry by the Privacy Commissioner into a breach that saw 6000 patient files – including 131 from the sensitive claims unit – released to claimant Bronwyn Pullar.

Documents show that in March 2008 Dodwell was sacked from his role as chief medical officer at HealthQuest, the medical screening body for all public servants in Australia, after an internal investigation into his behaviour.

The investigator, former NSW Police Deputy Commissioner David Madden, found Dodwell had inappropriately passed on information to the Education Department about a teacher it intended employing, saying she was being investigated by police for defamatory website postings about him.

According to a report in the Sydney Morning Herald, there was no evidence the teacher was being investigated by police.

Madden said Dodwell passed on the information in an attempt to adversely influence the department’s decision to employ her.

”The way in which he [ Dodwell] went about informing the Department of Education was inappropriate and not reasonable behaviour of a public official,” the report said.

Madden said the teacher had no opportunity to defend herself against Dodwell’s claims, and he should be disciplined for breaching privacy restrictions. He was later fired.

After Mr MacDonald posted a link to the SMH story, and an opinion of its contents on his blog, he received a letter from Dodwell’s lawyer requesting parts be changed or removed because they were defamatory.

The letter was similar to one MacDonald received from Jansen in 2010 about a defamatory blog post and tweet, which he removed for fear of legal action.

Jansen was the senior ACC manager at the centre of another defamation case last year, involving a blogger who was also claimant of the Sensitive Claims Unit.

The blogger, known as Jax, was under the police witness protection programme for sexual abuse at the time, and alleged her ACC file had been accessed by someone within ACC in order to find her contact details.

MacDonald said the threats against him, in his view, were another example of how ACC bullied critics and ”whistleblowers” who had genuine concerns about the organisation.

Dodwell was hired to provide expert opinion about claims and treatment decisions, he said.

”I thought the information should be in the public domain, given someone with that kind of history is in a clinical role. The reality is that it’s a political position, so the public have a right to express their views.”

MacDonald said the fact Dodwell had a history with privacy issues was important given the recent breach and his role in sensitive claims.

”Privacy is important for people with a sensitive claim. Lack of it can cause emotional harm, but it can also be dangerous for people who are in hiding because of sexual abuse,” he said.

In a statement, an ACC spokeswoman said: ”The importance of confidentiality is vital to the good faith employment relationships between ACC and it’s staff. Consequently it would be inappropriate for ACC to comment on any individuals employment matters.”’

But ACC said that Dodwell had provided a complete CV to ACC when he applied for the job.

Dodwell himself said he disclosed, directly to his ACC manager, details of the matter that led to his dismissal in Australia.

As for the legal action, ACC said it had no role when an employee ”acting independently or out of personal motives” initiated legal communications, proceedings or actions with an external party.

Dodwell argued there was no legal action ”either taken or threatened”.

”The letter acquainted Mr McDonald with inaccuracies in his article, and invited him either to remove certain specified passages or to amend his article to reflect the true situation,” he said.

Jansen said the material on McDonald’s blog ”seriously defamed” him. He wouldn’t answer a question asking if he thought his actions were appropriate.

By KIRSTY JOHNSTON

- © Fairfax NZ News

http://www.stuff.co.nz/national/politics/6746061/Legal-row-over-ACC-blogger

{ 11 comments }

ACC adviser’s shaky past

April 15, 2012

This article appeared in the New Zealand Herald on Sunday the 15th of April, 2012   The medical adviser for the ACC sensitive claims unit left two previous jobs amid controversy. Dr Peter Dodwell resigned as principal medical officer for the Civil Aviation Authority after a report found an unacceptably high error rate in decisions [...]

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ACC Sensitive Claims Provider and Client Survey: Results

April 11, 2012

For those of you who were kind enough to participate in the survey posted here in a previous blog, I thought you might be interested in seeing the results.   Click this link to download a PDF copy of the summarised results: Online survey results for public release   I think they speak for themselves.

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Insuring our future

April 2, 2012

I hate insurance.  Always have.  Seems like the biggest rort in the history of the Universe.  I give you money, and you give some of it back to me if some pre-agreed bad thing happens.  And if I do claim, you charge me more. It is a necessary evil, but it bugs me.  I think [...]

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Blow your own whistle

March 25, 2012

There has been a flurry of commentators and even the Minister for the ACC Judith Collins lining up to blame Bronwyn Pullar for her her actions, and suggest that she has not behaved responsibly. Whistleblowers usually have to go through hell and back.  We even have laws in this country to protect them.  And don’t [...]

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Where there’s smoke…

March 22, 2012

When all this ACC carry on about Sensitive Claims kicked off in 2009, and I started this blog, I had no idea that three years later I’d still be banging on about the problems and difficulties claimants and professionals encounter. I’ve become one of those people who have become embattled with ACC, albeit for a [...]

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Survivors’ trust in ACC at rock bottom

March 16, 2012

Friday, 16 March 2012, 4:23 pm Press Release: New Zealand Association Of Psychotherapists Survivors’ trust in ACC at rock bottom 16th March, 2012 ACC has once more shown its lack of understanding of the needs of survivors of sexual abuse. Whilst it is clear that the privacy breach this week of 6000 individuals’ private health [...]

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Is there a doctor in the house?

March 13, 2012

25/03/12 Update: This blog post has been edited from it’s orginal after legal counsel for Dr. Dodwell expressed concerns about the impact of this blog post on his ongoing professional reputation.   Today’s announcement that ACC has managed to send information about 9000 6000 clients, including allegedly 250 137 Sensitive Claims clients, has been described [...]

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ACC Sensitive Claims Provider and Client Survey

February 6, 2012

The last step of the Independent Clinical Review of the ACC Sensitive Claims Treatment Pathway is nearly upon us, namely the 18 month follow up review.  As part of that process representatives of the various professional bodies will be meeting with Barbara Disley, the review’s lead author in late March to discuss how ACC are [...]

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Time is right to protest via social media sites

January 15, 2012

This post appeared as a guest column in the Sunday Star Times on the 15th January.  Click here to see the original.   The past 12 months have been a great time for protesting. Internationally, Time magazine made The Protester its Person of 2011. And it’s not surprising really. We are more connected to each [...]

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Who benefits?

August 16, 2011

Much has already been said about the recent announcement by National of it’s “solution” to what it claims are the many young languishing as school dropouts or on either a Domestic Purposes Benefit or an Indepednent Youth Benefit.  Like a lot of policies instituted by this National Govenrment the position it has taken seems devoid [...]

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Feminist sympathiser?

June 28, 2011

I have been accused of many things over the last couple of years and most of them I feel proud of.  Like this accusation from the MENZ website (the website of John Potter husband of Dr. Felicity Goodyear-Smith see here) because of this blog I wrote sometime ago. “Perhaps his judgement has been impaired by an [...]

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ACC Sensitive Claims: Core concerns yet to be addressed

May 26, 2011

Media Statement 26th May 2011 ACC Sensitive Claims: Core concerns yet to be addressed Kyle MacDonald: Psychotherapist ACC has released today the six-month report by Dr. Barbara Disley, in follow up to the Independent review of the Sensitive Claims “new pathway” introduced in August 2009. The report highlights a number of areas where progress has [...]

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What price pride?

April 25, 2011

Readers of this blog over time will be familiar with Dr. Peter Jansen’s work, and may even have their own opinions about his clinical and medico-legal expertise. You may have even expressed some of those opinions to friends and colleagues. I have. You are entitled to do so, and to be fair, it would be [...]

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Progress Report – Through the Looking Glass

February 23, 2011

When I wrote the last “Off the Couch” I was optimistic.  We had just received a very supportive and clear Independent Review and it seemed unthinkable that ACC could do anything but simply follow the recommendations, and implement it’s suggestions. I’m not stupid, but I now realise I have been very naive. So what has changed?  Nothing, [...]

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And now for the apology…?

September 22, 2010

I may be old fashioned, or conditioned by my profession to focus on “the relationship” but perhaps it’s now time for ACC to apologise. In these times of “systemic failure,” independent reviews and Ministers who are unable (or unwilling) to take a position, there is still a lot to be said for a good old [...]

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“Sex-abuse cuts ‘all about costs’”

September 5, 2010

By TIM HUME – Sunday Star Times A former senior ACC manager says the corporation’s cuts to sexual abuse counselling are “all about costs”, contrary to ACC Minister Nick Smith’s claims they were about ensuring best practice for clients. David Rankin, now Child Youth and Family’s senior medical adviser, has also revealed an advisory group [...]

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“Conflicting Interests?”

August 29, 2010

“Professor Felicity Goodyear-Smith is a senior academic and doctor who was commissioned by ACC to research sexual abuse counselling. She is also the daughter-in-law of Centrepoint guru and paedophile Bert Potter, is married to a convicted sex offender and has controversial views on the workings of the ‘sexual abuse industry’. Tim Hume examines allegations of [...]

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Light at the end of the tunnel?

August 11, 2010

ACC Media Release Wednesday 11th August 2010 Extra support for sexual abuse survivors Extra support is being made available to survivors of sexual abuse, ACC announced today. From Monday 16 August, people with a new ACC sensitive claim, or with a new claim already in the system but awaiting a decision, will be able to [...]

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