In February after having sent a complaint through my local MPs to the NSW Disability's minister - I was then sent a letter from the Federal Minister for Disability's Secretary who informed me it was a Federal matter. She then passed it on to Hon Stuart Robert. I received a letter from the Federal Minister 11 February saying they had done all they could and the NDIS Commission was the new regulator of NDIS providers to quality and safety of NDIS services and resolution of complaints. There are protocols and codes of conduct he said that the NDIS commission would put in place. Stuart Robert also said that cameras were not a mandatory requirement by NDIS providers.
I want to say here and now that it needs to be a mandatory requirement of NDIS providers who run respite, accommodation and day programmes for disability persons, especially those who are non verbal, and children included - since any injuries are not taken seriously can be smoothed over and hidden which is why I am doing this petition.... workers are not questioned by police without cameras to prove what has happened...and organizations often cover up the incidents...
Hon. Stuart robert noted that the NDIS Commission had asked the organization where my son was injured to work with them and to contact me with the outcome of the investigations into my son James injury (a medium impact hit to the head which was swollen then for three months). The organization informed me that they could not find or "unable to ascertain and absolute cause of the injury that James sustained".
This was not surprising since the organization "Life without Barriers" branch manager had told me they would probably find nothing. I had also told the Police that the organization would lie to cover up the incident obviously investigation by the place where James was hurt was not going to be properly done as it was a conflict of interests. The police told me the organization could handle it as they would not, especially without cameras to prove anything. I complained to the superintendent of the police when they refused to question the worker who was with my son, I complained to the Commissioner of Police who said the matter was closed due to lack of evidence. I complained to the Commissioner NSW police and the inspectors of the local police at Springwood NSW you did not even question the worker, you refused to. The commissioner said the matter was closed and would not even answer that. Disability persons appear to have no rights to justice, or proper investigation.
How dare they treat my son like that. All disability vulnerable persons and children should be cared for properly even by the justice system and law enforcers. Police need to be re - educated about disability persons and have respect to them as members of society and follow up complaints properly. Even if that vulnerable person cannot speak, they are still a person with feelings, and pain and trauma. We need hard evidence for the police.
Hence, the need for cameras.
Below is my letter back to Hon. Stuart Robert
Lets keep fighting for our vulnerable ones, and our children in society young or old to have proper justice and proper protections - cameras to defend them when those who would harm them - wolves lurk in our disability places of 'care' many care but there are those who do not and it only takes one incident, or hidden incidents to hurt our children - young or old - if the person is never caught on camera they will continue to hurt the vulnerable with terrible consequences for those vulnerable ones who cannot defend themselves or talk about it.
We need to defend our disability persons since they cannot do it for themselves. Please keep signing and pass on the petition to others or put on your face book and social media groups....
fight the good fight with me!
Anndrea Wheatley (mother and resilience psychologist)
Letter I sent back to Minister NDIS (Hon Stuart Robert) 22nd February 2020-
Thank you for your letter to Trish Doyle (Ref:MC20-000006) which she shared with me regarding your answer to my complaint against Life without Barriers after my son James was injured at their respite house in Faulconbridge NSW.
The NDIS Commission did contact me by phone and said that protocols had been put in place and the girl respite worker was no longer in the respite house where James goes. However, the girl was only removed after I told ....... that she must never work with James again. Yet she is still with other disability people working for that organization. I received a letter from the respite organization on 21st January 2020 and they said they could not determine the cause of the injury, which they had always said they would never know what happened. Which is completely disregarding of James's needs and what happened.
The NDIS commission asked if I was satisfied with the outcome and I said I was not satisfied since the commission could do nothing about the girl worker who had been with my son and I believe was the one who injured him. Indeed they had told me the commission does not do investigation but just works in with the provider to find out what happened.
This is inadequate and unsatisfactory, as the providers will not tell the truth about what has happened. The provider, Life without Barriers, indeed initially told me that they would investigate but would probably find ‘nothing’. In their recent letter to me they said they did investigate and they did just that 'found nothing' , or do not know what happened or how the injury was caused. My son does not fall over nor does he hit himself with objects which the Police suggested. This is unsatisfactory
Allegations can never be proven or anyone penalised without cameras for proof of what happened since my son cannot speak. He therefore, is the most vulnerable in that he cannot say what happened. He is unprotected wherever he stays or goes and at the mercy of those workers in these day programmes, respite or full time care accommodation.
We need cameras in places of care and respite houses, day programmes for vulnerable disability children and adults. They are in daycare places, libraries, high schools, shops why can they not be in places of care for disability persons who need that protection?
Without cameras no allegations can be proven, and those workers who do hurt the vulnerable such as my son walk away with no punishment or penalty as it cannot be proven.
The need for cameras is urgent. Parents worry for their children's futures as adults in these places especially in fulltime accommodation.
To not have cameras is to leave these vulnerable ones unprotected. In addition we need these places regulated properly not just with a code of conduct but with punishments for that conduct code being broken. The organization should be penalized in some way and the worker punished if they are found to be the one who does the assault.
Lawyers have told me that I cannot even sue the organization without camera footage to prove what happened. Police have told me they will not investigate any further due to no cameras to show what happened to my son, calling it lack of evidence. However, the evidence is on my son's head, it was swollen for three months and now still has a significant mark on his forehead. This is not good enough.
In effect there is no justice for my son, and that is a breach of human rights that he can be hurt and no justice is made for it, just because he has a disability.
We have a Children's Protection Act where the government is responsible for the protection of children, and was amended so that vulnerable persons have been included but only if they make a statement in court which makes it very difficult. For those who cannot talk there is no justice and no investigation followed up. Hence, the need for cameras in places where the vulnerable disability persons are being cared for. We need stronger laws that also protect disability persons like my son who are like children in that they cannot defend themselves.
The recent article in January 2020 in the Guardian showed the many cases of abuse occurring at least 100 a week reported only in three months and that was in South Australia and New South Wales alone,(many are unreported) yet no one is punished and no organization is penalized for those cases of abuse.
That means there is no deterrence for those who might hurt our sons and daughters in care. We need stronger laws for accountability. Without cameras we cannot know what happened or prove what happened if someone does assault our child.
When someone is negligent or shows lack or duty of care toward a disability person, what penalties are there for an organization? Similarly if they are guilty of hurting a disability person what penalties are there?
This lack or protection reflects badly and shows the NDIS commission has little or no power to do anything about abuse except tell the organizations that they should not do it. Yet you are willing to pay providers when they do not do the right thing. Parents also pay providers on top of the NDIS money for fees, thereby, condoning their lack of care.
I urge you to bring in cameras and stronger laws to protect these vulnerable ones like my son. Parents have a hard enough job looking after their disability child without abuse and assaults occurring and people 'managing the incident' by covering it up as many providers would try to do, or the NDIS commission telling them they did wrong with no repercussions. No wonder the amount of abuse keeps occurring since there are no punishments or penalties when it does occur. A disability person needs the same justice and protection as those without disabilities at present there is none.
Please consider my concerns for changes in these group home so that our children can be protected who cannot speak up or defend themselves.
Yours faithfully
Anndrea Wheatley