I have always been inclined to complain about injustice. It will surprise few that I have even been known to send the odd letter to the editor in the past and much to my partner’s annoyance even yell at the evening news. Occasionally I even stop watching the news, just so I stop yelling at it. This behaviour is not good for my blood pressure. It may have even caused me a mental injury.
However nothing soothes my furrowed brow, and lowers my systolic pressure more than a well crafted, slightly patronising, sarcastic and verbose letter of complaint. Any good letter of complaint contains a few crucial elements, but in essence is a clever longwinded way of saying “F**K YOU, YOU'RE WRONG (and may very well be an idiot.)”
Fortunately for all this blog, the online petition and numerous complaints to ACC have led to much less yelling at the television. And we know that effective expression of aggression is actually good for us, to move from powerless “victims” to assertive actors is what much of good therapy is all about.
So despite the somewhat worn out, defeated tone of my last blog, I have resolved in 2010 to complain more, and I hope to provide you all with some guidance and motivation to do the same.
Members of the public:
Wait until you are in a bad mood. Don’t kick the cat, or yell at the television for that matter, write a letter:
“Dear Hon. N Smith, It astounds me that you seem able to ignore the very real impact your government’s decisions are having on the most vulnerable members of our society…”
Template letters from the National Council of Women are here and one I have posted in the past is here. Please feel free to edit to your hearts content.
The details of all minsters of the National Government are here. Postage to government is free, so send them to as many ministers as frequently as you like. More is, in this case, more. Don’t forget to mention how likely this all is to influence your voting…
Counsellors, therapists and other professionals.
Feel free to do the above. Also if you still see ACC clients, then in the interests of self care, and general wellbeing I suggest you complain vociferously and often to complaints@acc.co.nz ACC are required under their statutory obligations to process all complaints received. If they offer you the option of either having it resolved at the “unit level” or escalating to the office of complaints, escalate. A simple count of the number of complaints received at the six month review is evidence of the new pathway not working. Any action or inaction by ACC is grounds for complaint. Rude case managers, not sticking to their own pathway, delays in processing claims, customer service people not knowing about their own processes etc.
However when it comes to clinical decisions there is a separate process of mediation, review and appeal. This process is managed externally by DRSL. Again, ACC are required to follow through on all requests for mediation and review received and increased number of reviews is also evidence of the new pathway not working.
An excellent detailed summary of the process here and another on DRSL’s site here.
It is important to note that you can do all of the above for one claim. So if your claim is declined, in ways that are clearly in violation of ACC’s statutory obligations, you can make a complaint about the nature of the declined claim, request mediation and request a review of the decision. Also for each claim filed under the new pathway don't forget to fill out our survey for clinicians, linked to on this site or go here.
Clients:
So here’s the good news: despite how powerless you feel at the hands of ACC, you are more powerful than you think. All of the above is available to you as well. As a client of ACC you are able to make a formal complaint, and request a review of a claims decision. See here for ACC’s info page on how to do these things, as well as the above links.
It is inevitable that as this fight against such a faceless and cruel beauracracy wears on that this will become a war of attrition. The risk is that as we lose energy, faith and as the bruning fire of anger slowly dies the Sensitive Claims scheme dies with it, fading into antiquity and ACC wins. We must continue to find ways to voice our anger and target it in ways that are effective. The more valid complaints, mediation requests and reviews are conducted over this six month period prior to the review, the better.
And if you need to add some fuel to the fire, I suggest you read this excellent article from Saturday's Christchurch Press. In it Dr. Peter Jansen trots out all the usual nonsense, along with this little gem:
"He [Jansen} believed counsellors were unhappy because the ACC was not allowing them to make a diagnosis.” Press, 09/01/10.
So join me in my resolution to keep fighting. Don’t yell at the television, yell eloquently at ACC. And feel free to let me know your own experiences of mediation, review and the complaints procedure. I’d love to hear how you get on.
10th January, 2010
The Rapists Charter.
One of the most well recognised tactics that abusers of all types use, and this is confirmed time and time again in the clinical literature, is to "blame the victim." The classic example of this being when a woman is blamed for being attacked due to having dressed too provocatively.
That's why I was so shocked to read the report last week in the New Zealand Herald when ACC responded to accusations that the new pathway was blocking access for clients by blaming clinicians and professional organizations:
"Some might also suggest that the scaremongering being undertaken by certain lobby groups has also put off some clients from seeking ACC help. Today's description of the new process as a 'rapists' charter' is one such example."
So why refer to it as a "Rapists Charter?" That’s a bit over the top isn't it? Why do therapists, counsellors and social workers feel so vehemently about these changes?
Well first it requires an understanding of the dynamics of the types of families that sexually abused children come from.
Research and clinical experience tells us that families where abuse occurs tend to be chaotic, unpredictable, invalidating of the emotional world of others (particularly the children) secretive, socially isolated and poorly supported.
Okay, so what? Well the main way that abusers tend to be able to continue to maintain to have sex with children (or adult men raping women for that matter) is to completely deny the impact of their actions, through denying the emotional response of the victim and blaming the victim for being provocative, enjoying it or having in some way been complicit in the abuse.
So when ACC tells a claimant that their sexual abuse, when they were 12, with an 18 year old abuser who was allowed to live with the family by dysfunctional parents (real example I'm afraid) is not abuse because the sex is judged to be "consensual" they are acting in exactly the same way as an abuser.
I mean it's not "a little bit like it," not therapists "reading too much into things" it's right there "your months of terror and rape when you were a child was not abuse, you're wrong to feel and believe the things you do."
Also ACC seems isolated, unsupported and able to behave any way it chooses, much like an abusive family, where everyone is too scared or too brainwashed to hold the abuser to account. Our feedback is that the Health and Disability Commission has no ability hold them to account, nor do any other health body. The only body that has any power to oversee ACC is the Government via the Minister for ACC, currently Hon. Nick Smith, and he explicitly supports this Rapists Charter see here.
So what about chaotic and unpredictable? Where do I start...
The kindest thing one can say about this process from start to finish is that it has been incompetent (as opposed to malicious.) Inconsistent answers, different answers to the same questions from different people, inconsistent application of the new pathway rules to different cases, last minute changes to the pathway; the list goes on...
And don't even get me started on the complete lack of transparency.
So is this a Rapists charter? It most certainly is. ACC could hardly have done a better job of designing a system that would be guaranteed to re-traumatize claimants if they'd tried. It's an amazing accident; I'm not for one moment suggesting that it is deliberate because that would require reading the clinical literature, and it's clear they haven't done that.
So this is why I am no longer taking any ACC referrals.
I just can't knowingly put clients through this traumatizing invalidation of their trauma, I've tried and I now feel certain that to do so is unethical and irresponsible. I have a small number of clients that I currently see, and will continue to see and a small number I am currently battling ACC about and will also continue to do so.
In this vein the results of my online poll are in and you can view them here. To quickly summarize:
Only 10% surveyed intended to continue offering a service under the new pathway;
85% rate ACC's service and communication as worse or terrible over the last six months;
84% disagree or strongly disagree with the compulsory use of the DSM-IV in the new pathway.
My colleague Gudrun Frerichs has designed two excellent surveys, one for clinicians and one for clients to assist us in recording the injustices of this new pathway in anticipation of the review early next year. The clinician’s version is here and the clients here.
Lastly this (click here) is from a client, which seems a much more efficient way of saying everything I've just said.
16th December, 2009