Children’s Commissioner Dr Claire Achmad says the unlawful restraint and forced medication of an 11-year-old Māori autistic child represents a profound failure of the systems responsible for protecting and caring for children.
The comments follow the release of findings from the Health and Disability Commissioner and the Director of Mental Health, which detail how the child was misidentified as an adult and subsequently subjected to restraint and injection medication on two occasions.
Dr Achmad says the tamaiti, who has disabilities and specific communication needs, was not recognised, understood or treated in a way that upheld her rights when she came into contact with police and mental health services.
She says the reports show the incident caused significant and lasting harm for the child and her whānau, raising serious concerns about systemic failures across both the health and justice sectors.
While acknowledging steps taken by Health New Zealand since the incident, Dr Achmad says much stronger action is needed to ensure children, particularly disabled children and mokopuna Māori, are clearly prioritised throughout the health system.
She says services must be child-centred, culturally safe and grounded in children’s rights, ensuring every child is treated with dignity regardless of their circumstances or communication needs.
The Commissioner is also concerned by expert advice indicating similar mistakes could occur elsewhere in the mental health system, placing responsibility on Health New Zealand to ensure robust safeguards are consistently applied across all districts.
Dr Achmad says this includes improving systems, strengthening staff capability and ensuring workers understand how to appropriately support children and young people.
The child’s whānau have called for accountability and system-wide change, stressing that the lessons from the case extend far beyond Waikato Hospital.
They have also highlighted the importance of recognising that the child involved was 11 years old, Māori and autistic, saying the full context must be understood if meaningful change is to occur.
Dr Achmad is urging greater investment in training focused on autism, neurodiversity, disability awareness and child mental health across both the health and justice sectors.
She says every child in Aotearoa has the right to be seen, understood and treated with dignity, and that meaningful reform is essential to restore trust and ensure no other child experiences a similar failure.
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