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DP v Leighton

Human Rights Review Tribunal, 1 August 2006

On 1 August 2006 the Human Rights Review Tribunal made orders by consent between the Director of Proceedings and Jacqueline Leighton.

At the relevant time, Ms Leighton was a social worker, employed by a Christian child and family support service. The consumer had a history of childhood sexual abuse and was suffering from chronic post-traumatic stress disorder, with ongoing relationship difficulties, eating disorder, alcohol problems and recurrent depression.

In April 1999 the consumer's psychotherapist referred her to the service, and a social worker was assigned to assist the family. In April or May 2000 the consumer went into a residential programme. The service continued to support the family and, in June 2000, Ms Leighton took over as social worker.

In August 2000 the consumer went home on leave for 3½ weeks. During this time the consumer and Ms Leighton became close, drinking alcohol together, and they formed a sexual relationship.

While the consumer was back in her residential programme, the two continued to have telephone contact and exchange cards. Ms Leighton closed the social work file during this period.

In November 2000 the consumer returned home and continued contact with Ms Leighton.

In December 2000, as a result of a friend's concern about the consumer's increased alcohol consumption, and the potential harm to the children if she drove under the influence of alcohol, Ms Leighton re-opened the service's file temporarily.

In February 2001 Ms Leighton started to work at another agency, where she commenced a relationship with a male colleague. In April 2001 she told the consumer that she wanted to discontinue her relationship with her because she did not love her and she wanted to pursue her relationship with her colleague.

The consumer was very distressed. She consumed a great deal of alcohol and attempted to commit suicide by taking an overdose of a sedative. She was taken to hospital and, upon recovering, she told her husband about her relationship with Ms Leighton.

It was agreed that there would be a declaration that Ms Leighton's conduct amounted to a breach of Right 4 of the Code of Consumers' Rights and that there would be an order restraining her from engaging in conduct of the kind as that constituting the breach.