Law said to be unclear

Press, 26 May 1977, Page 10

Law said to be unclear

PA Wellington Legislation relating to the emergency treatment of children and young people needed to be improved, the superintendent of Lake Alice Hospital, Dr S. L. Pugmire, said. Commenting on a critical report by a former Ombudsman, Sir Guy Powles, involving a 15-year-old boy given shock treatment without consent, Dr Pugmire said the law needed clarification. Contradictory interpretations had been made in the past and staff needed to be familiar with the Mental Health Act, and provisions of the Children and Young Persons Act and other legislation. Lake Alice staff bad always attempted to “meticulously observe the letter of the law”' and obtain the best advice about interpretation of legislation. It could be that interpretations by the Health and Social Welfare Departments differed to that of the Ombudsman. The same issue had been pointed' to in last week’s report involving the Niuean boy at Lake Alice, Dr Pugmire said. “It would seem that one of the only ways a doctor can avoid criticism is to walk on by on the other side and leave or ignore a child, who may urgently need help.” The superintendent said he though Sir Guy’s report contained some “very useful” suggestions. Commenting on the recomemmendation that the Department of Health ensure he had closer con-

trol and final responsibility for the disturbed children’s unit at the hospital, Dr Pugmire said he agreed this would be desirable. Criticism and recommendations in the report had been noted and “we are certainly trying to improve and leave no loopholes so we can be criticised again.” Commenting on the use of electro-convulsive therapy and that the use of unmodified E.C.T. — without anaesthetic and muscle relaxant — be discontinued, Dr Pugmire said he did not believe it would be a good idea for a Government or an administrator to lay down details for clinical treatments. Such decisions were clinical decisions and should be made by the doctors in charge of a particular case“It would be like suggesting there be no open heart surgery because the Government considered it undesirable. Or that it was decided appendicitis should only be treated in a certain way.” The Director of Mental Health with the Health Department (Dr S. W. Mirams) was not available to comment because he was in Melbourne. However, Dr R. A Barker, Deputy DirectorGeneral of Health, said the report was being studied by the department and the Department of Social Welfare. “The Ombudsman has also asked for comment and this will be forwarded to him in due course,” Dr Barker said.