CAT/C/68/D/852/2017 administration of electric shocks, unmodified electroconvulsive therapy,1 drugs2 and solitary confinement on the grounds of bad behaviour and “adopting a threatening attitude”. He was admitted to Lake Alice five times, for a total period of two years and 10 months.3 2.2 In 1976 and 1977, a number of complaints were made to the Government and medical organizations about treatment using an electric shock machine on children on various parts of their bodies and administering drugs delivered as a punishment and not for therapeutic purposes. In 1976 and 1977, a Commission of Inquiry was conducted into the treatment of a 13-year old boy at Lake Alice, but no wrongdoing or malpractice in the use of electroconvulsive therapy was found, one of the justifications being that such therapy given to children without anaesthetic is acceptable because their bones are supple and would not break during convulsions. In 1977, the Medical Council investigated a complaint by a former patient alleging use of an electroconvulsive therapy machine by Dr. Leeks to administer painful electric shocks, but there were no sanctions, so Dr. Leeks was free to continue to practise psychiatry on children. Also in 1977, following a complaint to the police about painful electric shocks administered to the bodies of two children at Lake Alice, the police found no criminal conduct, but only “lack of judgment” by staff. Finally, a 1977 complaint to the Ombudsman’s Office resulted in stricter rules regarding consent for patient treatment and termination of the practice of the Department of Social Welfare of placing children and young persons subject to guardianship orders in psychiatric hospitals without recourse to the formal committal procedures contained in the Mental Health Act. The complaints did not result in any prosecutions and the psychiatrist who was running the unit left New Zealand to work in Melbourne, Australia. 2.3 Much later, in 1997, several articles were published in the media in New Zealand and later in Australia on the abuse of children at Lake Alice. Thereafter, former patients started coming forward. In 1999, a civil claim was filed before the Wellington High Court on behalf of 56 former patients. That number had increased to 85 by 2001, when the Government compensated these victims with a payment of $NZ 6 million and a letter of apology. A further 110 claimants had come forward by 2009, including the complainant, at the invitation of the Government to provide further compensation. All the claims of illtreatment and abuse were dealt with by the way of a general apology 4 and ex gratia payments to each individual.5 In total, $NZ 12.8 million was paid out by the Government to 195 victims.6 2.4 In 1999, the Medical Council terminated Dr. Leeks’ medical practising registration. The Council stated that as Dr. Leeks was no longer registered with the Council, allegations of ill-treatment would not be investigated by them. 2.5 In 2001, retired High Court judge Sir Rodney Gallen was commissioned by the Government to review the complaints concerning Lake Alice. Sir Rodney found that the administration of unmodified electroconvulsive therapy was not only common at Lake Alice but routine, and that it was administered not as therapy but as a punishment. He also found that many of the children admitted to the hospital were not mentally ill. 2.6 In 2003, the complainant filed a complaint with the Medical Practitioners Board of Victoria in Australia, as Dr. Leeks had been practising there since he left New Zealand in early 1978. In 2006, the Board prepared for a formal hearing under the Medical Practice 1 2 3 4 5 6 2 According to a November 2002 report of the New Zealand College of Psychiatrists, electroconvulsive therapy is applied by way of electrodes attached to the head. The patient is anaesthetized and given a muscle relaxant, and the electric shock administered while the patient is not conscious. Such a form of administration is designed as modified. The therapy can also be given unmodified. In such cases, the patient is conscious during the administration of the therapy. Stelazine, Modecate, Largactil and Paraldehyde. Lake Alice Hospital nursing notes and charts indicate – over the five admissions – unmodified electroconvulsive therapy administered 15 times to the complainant in 1975. The Government acknowledged that there were some actions which were unacceptable, in particular the use of electric shocks and painful injections. The complainant received $NZ 115,000 and a letter of apology. Legal barriers made it difficult for any complaints to turn to a court, which was the reason for the Government offering ex gratia payments.

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