UPDATED 12.03pm: Top level officials are warning the treatment of an autistic man at a Porirua mental health facility is a breach of human rights.

LISTEN ABOVE: Disabilities lawyer Nan Jensen talks to Rachel Smalley

Ashley Peacock has been in 'seclusion' for five years at Capital and Coast District Health Board's Tawhirimatea Unit.

His parents have been trying to have him moved from the often-locked cell, but have been told his condition means he should stay.

The 37-year-old is autistic, has auditory processing difficulties and a low IQ.

His mother, Marlena Peacock, said they're not allowed to visit him in his tiny cell, that has no bathroom and a plastic mattress on the floor.

"We've been told this so many times by the disability human rights commissioner and lawyers. They've all said the same thing, it has been a terrible breach of human rights."

MORE: Rachel Smalley: Moral shame of mental health unit isolation

Mrs Peacock said he thinks he's in prison and doesn't know why.

"He has auditory processing difficulties, and there's three rooms in the unit and often the other patients are screaming their heads off for 24 hours a day, so it's like torture with his condition."

Mr Peacock gets no more than 90 minutes of exercise a day.

Disability lawyer Nan Jensen told Rachel Smalley there are huge issues with our Bill of Rights Act as it's too easy to violate.

"There are huge violations of his rights and I just can't see that it's customised to his needs. I mean, his parents have given all the information on what sort of environment he thrives in, and this is the opposite of that."

Ms Jensen said despite his violence, there's no need for Ashley's isolation.

"There are many many autistic people who have violent tendencies who are able to live in the community in an environment that is customised to their needs, who don't have to be in the kind of facility that Ashley is in."

Autism advocate Wendy Duff told Mike Hosking something has gone dreadfully wrong for this to happen.

"If you're really get to the bottom of this funding will be the lack of it. It's easier to put someone in a caged environment with less staff around. The funding to actually to get into the houses to provide help is lacking, sadly lacking."

Ms Duff believes many more cases will come to light over the next few weeks.

"This isn't isolated. There are many families out there at the moment between the age of 12 and 20 going into crisis within their own home. Parents ringing their hair as to what to do. No funding being put in there to help them."

She said because of the compulsory care act, his parents are helpless and unable to remove him from his predicament.

Minister of Health Jonathan Coleman said he has huge sympathy for Ashley Peacock's parents, but there are no easy answers and it's not because of funding.

"My understanding is that health officials have been doing obviously their very very best in what are very difficult circumstances."