Disabled teen faces $33,000 court fees despite rulings in his favour
The country’s largest disability support service is pursuing a profoundly disabled teenage boy on an invalid’s benefit for $33,500 in court costs, despite being found in breach of his rights.
IDEA Services breached Eamon Marshall’s right to his personal health information by withholding critical documents for up to 22 weeks, according to a Human Rights Review Tribunal decision released in May.
It also breached his right to services of an appropriate standard.
The tribunal, however, ruled in favour of the provider when it came to a complaint over a separate request for redacted emails.
The first withheld documents were part of health information requested by Eamon’s parents Glenn and Fran Marshall and showed failings by the service in its oversight of their son’s care.
Eamon, now 17, was born with tuberous sclerosis, cerebral palsy, severe epilepsy, visual impairment and intellectual disability.
He was raised by foster parents from a young age because of his high and complex needs.
In November 2015 the Marshalls, from Napier, complained to IDEA Services — part of the IHC Group — that Eamon was being neglected and an investigation was launched.
The couple also complained to the Health and Disability Commissioner, who separately said that IDEA Services staff deliberately removed information from the investigation report to minimise the significance of its findings.
In its first decision the Human Rights Review Tribunal found IDEA Services interfered with Eamon’s privacy by failing to supply the requested information without undue delay.
The documents included a health adviser’s report and several file notes. The health adviser’s audit into Eamon’s epilepsy medication management detailed major failings by IDEA Services.
These included that Eamon’s seizure medication was not being administered correctly, his medication folder was not correctly maintained and medication was signed for in error.
IDEA Services’ investigation also found Eamon was being fed unsuitable food, that IDEA Services had missed nine monthly visits to his home in a two-year period and was failing to engage with Eamon’s school.
Because each party had some success in the tribunal, both were eligible to claim for costs although because Marshall was a layperson representing his son, he can only claim for disbursements such as photocopying.
IDEA Services however, which received $274 million in Government funding last year, can claim for legal costs and has applied for $33,505.40 across the three claims, from Eamon Marshall.
Glenn Marshall said his son did not have that kind of money.
IDEA Services said it was unable to comment because the matter of costs was still before the Human Rights Review Tribunal.