The mother of a man with autism and intellectual disabilities will argue in the Supreme Court that her son is being unfairly detained. Jay*, whose real name is not disclosed, has been in care for 18 years under the Intellectual Disability Compulsory Care and Rehabilitation Act because he is seen as too dangerous to be released.
Last year, the Court of Appeal noted that Jay’s offenses were minor but stated that experts believed he posed a very high risk to the public. Human rights lawyers Tony Ellis and Graeme Edgler will represent his mother, claiming that his detention violates his human rights.
The appeal will also address whether the courts have balanced community safety and the rights of disabled individuals. The Human Rights Commission and the IHC will contribute to the discussion on human rights and disability issues related to the Act.
Jay was first detained in 2004 after breaking his neighbor’s windows with an axe. He was charged but found unfit for trial due to his disabilities. In 2006, he was placed in a secure care facility where he has remained ever since, spending the last four years in total seclusion at the Mason Clinic in Auckland.
His mother visits him weekly but has never seen his living areas as she is only allowed in a visiting room. She feels her son is being punished for his autism and wishes for him to be released into a service that better understands him.
Around 100 to 120 people are estimated to be under compulsory care orders at any time. These orders are approved by the Family Court and usually last up to three years but can be extended indefinitely. Jay’s order has been renewed 11 times over 18 years, now running until April 2026.
Experts say Jay poses a “high, or very high risk of violence” if released. While in care, he has tried to steal weapons, made threats to staff, and damaged property. Advocates argue he is not receiving proper rehabilitation and is not always cared for by trained staff.
A 2021 inspection of the Mason Clinic revealed it may not be suitable for people with autism. The report criticized the ongoing use of restraints and seclusion, which had increased despite previous promises to reduce them.
