4 Mar 2024

Support worker filmed clients, made 'inappropriate' animated video, watchdog finds

2:35 pm on 4 March 2024
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The support worker used a photograph of a male client to create an animated video that depicted him dancing while dressed in a rabbit costume (file image). Photo: Jae Park/ Unsplash

A community support worker inappropriately filmed her disabled clients and made an animated video of one of them for her own entertainment, a health watchdog has found.

A report by the Health and Disability Commissioner said the non-consensual photos showed multiple care home residents in various situations - sleeping and sitting on a couch, reading a newspaper, and at the beach.

One video showed a woman punching herself in the face after the worker told her to go to her room.

In another, the worker can be heard telling a different woman she was "stinking", while a male worker said: "You smell like a dead rat".

The client spat at the second worker, who spat back at her, saying "if you spit, I'll spit", and, "you look like a devil".

The first worker did not intervene or take any steps regarding her colleague's behaviour and did not report the interaction, the report said.

She used a photograph of a male client to create an animated video that depicted him dancing while dressed in a rabbit costume. Another video of him was taken while he was upset after an argument with another client.

The woman's estranged husband laid the complaint against her, after seeing the photos and videos.

He said he had been sent the content by his wife, but she argued he had accessed them himself on her personal phone.

Deputy Commissioner Rose Wall said either way, the woman should not have taken the non-consensual photos and videos. She rejected the worker's claim that she took them as evidence of violent and erratic behaviour, noting they mostly showed the clients appearing calm.

"The act of taking these photographs and video recordings was inappropriate and did not demonstrate respect for the consumers," Wall said.

"In my view, the community support worker took these photographs and video recordings for an unnecessary and personal reason."

She found the worker had not treated the clients with respect, and had failed to manage several incidents.

The worker has formally apologised to the clients and their whānau.

Wall recommended her employer, which was a "large provider of services for Whaikaha [Ministry of Disabled People]", use this case for training on personal mobile phone use and incident reporting.

The disability service has since taken disciplinary action against the employee, the report said.

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