Auckland man Gareth Lowndes is still waiting for answers from the Health & Disability Commissioner four years after his mother’s death following a routine medical procedure.<\/p>\n
The HDC, which assesses, investigates and resolves complaints about care quality, has admitted that about 40% of complaints still under investigation were filed more than three years ago.<\/p>\n
The figure was approximate because the Crown agency did not have the IT tools to count the exact number, it said in answer to questions from the select committee.<\/p>\n
\u201cPeople are living in limbo and can\u2019t move on. People like me have lost a loved one and don\u2019t have answers,\u201d Lowndes said.<\/p>\n
He believed the problem was linked to \u201csystemic underresourcing\u201d, which had led to \u201cfar-reaching consequences\u201d for families, healthcare professionals, and the integrity of New Zealand\u2019s healthcare system<\/a>.<\/p>\n Parliament petitioned<\/p>\n Lowndes petitioned Parliament<\/a> for \u201curgent resourcing\u201d to address the HDC\u2019s backlog of complaints and to make its processes more efficient, while setting clear timelines for its investigations.<\/p>\n He noted that Budget 2025<\/a> allocated $1 million specifically to address the complaints resolution backlog. However, he sought to have the $3million of funding cut from the previous Budget restored immediately, to address the case backlog and modernise IT systems.<\/p>\n He also requested an independent inquiry into its operations, processes and management structure to check its fitness to carry out its functions. <\/p>\n The health select committee, which assessed the petition last month, issued a final report in which it expressed concern that the HDC was not resourced properly to conduct \u201cthorough investigations while managing a high volume of complaints\u201d.<\/p>\n At the same time, it considered a petition of the Health Consumer Advocacy Alliance<\/a> running concurrently, which sought an independent patient safety commissioner accountable to Parliament.<\/p>\n While the committee was non-committal about further steps, it said future resourcing of the HDC might be needed to address some of the concerns.<\/p>\n The committee said the HDC played a vital role in improving patient safety and protecting consumers\u2019 rights, but it was not convinced that every measure to improve processing times had been taken.<\/p>\n It was also concerned that it was unable to produce an exact number of complaints older than three years, because, according to the HDC, its IT systems were unable to readily produce this figure without manual processes.<\/p>\n The committee considered that prominent leadership and initiative to address systemic issues were lacking.<\/p>\n Health and Disability Commissioner Morag McDowell acknowledged the stress that delays caused for providers and complainants.<\/p>\n She told NZME that, like many public agencies, its ability to undertake broader, systemic inquiries was influenced by the funding and resourcing available. <\/p>\n \u201cFor HDC, addressing complex, sector-wide issues by way of investigation requires sufficient capacity and resource to ensure this work can be carried out alongside core complaints functions \u2013 a matter recognised by the committee,\u201d McDowell said.<\/p>\n \u201cThat said, much of HDC\u2019s work is focused on quality and safety improvements for the system.\u201d<\/p>\n What is the HDC?<\/p>\n The HDC is an independent Crown entity responsible for the promotion and protection of health and disability consumer rights. <\/p>\n Its remit is to assess, investigate and resolve complaints about care quality. <\/p>\n It makes recommendations to health organisations and monitors their implementation. <\/p>\n McDowell, a former Crown prosecutor and Auckland coroner, has headed the HDC as lead commissioner since September 2020. She was re-appointed for a six-month term in September last year, according to a Government notice in the NZ Gazette.<\/p>\n A four-year wait<\/p>\n Lowndes\u2019 action was forged by his own experience with the HDC immediately after the death of his mother at Auckland\u2019s Middlemore Hospital<\/a> in January 2022, after a routine outpatient procedure.<\/p>\n The family had received a report from the hospital, but were still waiting for the results of the HDC investigation.<\/p>\n A recent update said a draft report had been reviewed and that further information from an independent expert had been requested.<\/p>\n \u201cIt could be a couple more months to go,\u201d Lowndes told NZME.<\/p>\n Auckland woman Tracy Jarman<\/a>, left paralysed from spinal surgery at a private hospital, is also still waiting for a decision years after lodging a complaint with the HDC.<\/p>\n The former corporate high-flyer has been in a wheelchair since surgery in 2021 to relieve symptoms from an ongoing chronic condition.<\/p>\n Jarman said her complaint to the HDC had helped her to process what had happened because of the amount of research required in forming the statement, but she was frustrated by delays in providing a decision.<\/p>\n She told NZME this week that she still struggled with what had happened, and the lack of resolution had made it harder to move on.<\/p>\n \u201cEvery time I check my emails, I hope for an outcome, but the only emails I get are every three months saying, \u2018Sorry it\u2019s taking so long\u2019.\u201d<\/p>\n Wait times grow with 52% increase in complaints<\/p>\n Lowndes said that, while the HDC had experienced a 52% increase in complaints over the past five years, its funding had not increased, and had been reduced by $3m in the 2024 Budget, which was a 16.5% reduction on the previous year. <\/p>\n The committee noted the HDC\u2019s caseload was also influenced by concerns raised in 2020 by the Ombudsman<\/a>, who said the threshold for complaints needing an investigation was too high.<\/p>\n A reduction in the threshold resulted in increased numbers of complaints proceeding to investigations.<\/p>\n Lowndes\u2019 research revealed that average investigation wait times had increased 17% in four years from 2018-19.<\/p>\n In 2019-20, the average investigation time for a complaint was 762 days. By 2022-23, that had risen to 893 days.<\/p>\n He believed the problem was linked partially to budget cuts but also to increased caseloads since the Covid-19<\/a> pandemic.<\/p>\n The HDC said the number of complaints received rose an \u201cunprecedented\u201d 25% in the year from 2020-21, from 2721 complaints to 3413.<\/p>\n Complaints dealt with novel and complex issues related to the pandemic, the committee said.<\/p>\n However, the gap was beginning to close with a 40% increase in case closures in 2024-25 and a 33% reduction in the number of complaints still open, the HDC said.<\/p>\n It was now closing more complaints than it received, with a net closure rate of 120%.<\/p>\n McDowell said that, in the 2024-25 year, HDC\u2019s funding was reduced by 9.6%, but it managed to close 4406 complaints \u2014 a 40% increase on the number closed in the previous year.<\/p>\n She said \u201ctargeted early resolution initiatives\u201d had also played a key role in this progress, with average early resolution timeframes reducing from 17 weeks to 10 days.<\/p>\n Lowndes was disappointed that the committee\u2019s report had not been forwarded to the Health Minister for recommendation.<\/p>\n Committee chairman Sam Uffindell, a National MP, has not responded to NZME\u2019s request for comment.<\/p>\n Health Minister Simeon Brown told NZME he \u201cgreatly valued\u201d the important role the HDC played for patients and families, which was why the Government<\/a> provided an additional $1m last year to help reduce the backlog of cases.<\/p>\n He said the funding had enabled the HDC to improve the efficiency of its processes, resulting in continued increases in the number of complaints being resolved.<\/p>\n \u201cI will remain focused on ensuring it has the support it needs to carry out its work effectively.\u201d<\/p>\n The HDC told the committee it had taken steps to improve in the past 18 months, including a leadership restructure, staffing and operational changes, and streamlining its processes. <\/p>\n In the past year, it made 809 recommendations for quality improvement in the health and disability sector, resulting in a 91% compliance rate.<\/p>\n In addition, it escalated 329 systems and public safety issues to agencies that could address such concerns.<\/p>\n Software used to manage complaint cases was being upgraded, and it received $500,000 last June for a new case management system, which would be ready in March. <\/p>\n McDowell said she was proud of the hard work and committed efforts of her team, which had enabled \u201csignificantly improved results\u201d.<\/p>\n The health select committee said it would continue to monitor the situation as part of its regular financial scrutiny of the HDC.<\/p>\nMorag McDowell, a former Crown prosecutor and Auckland coroner, has headed the Health & Disability Commissioner since September 2020.<\/p>\n
Former chief financial officer Tracy Jarman’s life was turned upside down four years ago when she emerged paralysed from her fifth surgery for spinal cysts. Photo \/ Mike Scott<\/p>\n
Health Minister Simeon Brown said he would remain focused on ensuring the HDC had the support it needed to carry out its work effectively. Photo \/ RNZ Mark Papalii<\/p>\n