Dear Health and Disability Commissioner,

In May 2022 the Health Select Committee released their report on the Petition of Renate Schutte: A right to appeal decisions made by the Health and Disability Commissioner, which can be accessed here: https://petitions.parliament.nz/418f4840....

The following is an excerpt from the Health Select Committee's report:

"We were pleased to hear that the HDC is working to improve its processes and that it
expects that this work will address some of the matters raised in the petition. This includes
work to include the closed file review process. We encourage the HDC to consider how this
process could be better publicised and made more accessible. We acknowledge submitters’ concerns that the closed file review is not an independent review.
We note that the Commissioner is required to review the Act and Code at least every five
years and report their findings back to the Minister of Health. We also note that the
Commissioner has indicated that she intends to review the Act and Code in late 2022 or
2023. As part of this review, we strongly encourage the HDC to publish:
 guidelines about the relevant factors in deciding whether to investigate a complaint
 NFA decisions that include any reasoning or have broader implications.
We note that several submitters requested legislative change to introduce a right of appeal.
We agree with the Commissioner that a right of appeal is a matter that is complex and
requires careful consideration. We encourage the Commissioner, as part of the review, to
address the complexities of creating a right of appeal."

I would like to know
- what has been done in regards to the Select Committee's encouragement to improve accessibility to closed file reviews?
- when will the HDC's review of the Act and Code be taking place?

The Office of the Ombudsman issued an opinion in December 2020 titled " Investigation into the Health and Disability Commissioner’s assessment of three complaints". The opinion contained the following recommendation: "HDC develops comprehensive guidelines for staff and decision-makers within its SOP on: i. the interplay between sections 33, 38, and 40, with particular guidance on the appropriate extent and duration of preliminary enquiries under section 33; and ii. the factors considered when deciding when to take no further action, and when to instigate an investigation. I ask HDC to report back on the progress of this recommendation within 60 working days of my final opinion. I would be happy to make relevant members of my staff available to assist with reviewing these guidelines." At the end of the opinion there is an additional note that includes: "HDC also began a review of its internal complaint-handling policies with assistance from the Office of the Ombudsman."

Regarding the Ombudsman opinion I would like to know what changes the HDC has made to it's guidelines and SOP, and I would like a copy of these.

Yours faithfully,

Gloria Ashton