Payout over board's mental health call

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Auckland District Health Board is to pay a woman $6000 after one of its psychologists incorrectly told the Child, Youth and Family service she had a personality disorder with severe problems.

The board did not admit liability in the case before the Human Rights Review Tribunal but agreed to the payout, providing the woman would not take legal proceedings further.

On February 5, 2008, the woman's 14-year-old daughter was detained at the board's child and family unit at Starship hospital in Auckland after a placement under the Mental Health Act 1992.

At the time, the daughter was caught up in an acrimonious parental separation.

On February 7, 2008, a psychiatrist with the health board had a conversation with the father who said he harboured concerns about the mother's mental health.

Specifically, he was concerned that she had a background of sexual abuse, had been placed in an institution at age 16 and diagnosed with schizzophrenia and had a borderline personality.

The same month, the mother told an Auckland District Health Board social worker that the father had previously displayed an interest in child pornography and had once had child pornography on his computer.

Shortly before the daughter was due out of hospital, CYF was notified by the health board. On February 14 a social worker and psychologist discussed the case with a CYF representative. The psychologist said she was concerned the mother had a personality disorder with severe issues.

"This is not just a case of the ADHB passing on information supplied by the estranged father," the tribunal found.

The mother, who took the case, told the tribunal the information concerning her mental health passed on by the board's psychologist was incorrect.

As a result of the incorrect disclosures, she suffered significant harm and adverse consequences.

The daughter, although she now lives with her mother, was released from Starship into the care of the father.

The mother described the case as an abuse of power.

"These people were intent on labelling me and estranging me. They were intent on abnormalising me and keeping me away from my daughter," she said.

The tribunal suppressed personal information relating to the father, mother and daughter.

- © Fairfax NZ News