Corporate crime and failure to care adequately in disabilities - Just like Merna another young woman has died at the hands of incompetent workers…in a bath
The NDIS is now suing another provider called “Live Better” perhaps they should be called LiveWorse? After just beginning court with the case of Afford Disabilities this week and suing them for the death of the young Merna, in 2019 due to alleged drowning in a bathtub at one of their residential houses, where two new workers who had never worked there before left her in the bath alone and unsupervised.
NDIS is now facing a similar case of death to a a provider's lack of care and again suing - this time the provider “LiveBetter” previously called CareWest, for causing the death of a young woman who was nonverbal and could not save herself, letting her die from burns due to the hot temperature of the bath when two workers were bathing her in her own house in 2022 Is there no end to this? No not while they will not get educated higher standard of workers in these places and programs or even doing care in a persons home is beyond words that they did not even do the right protocols then. Providers are so money hungry they neglect to train or expect any standards from workers only wanting the money they get from all those in their care who could be hurt, abused or die it appears. That is exactly what is happening.
Is the NDIS just going to keep suing providers instead of making them have a higher standard of worker who actually knows something or even was educated at all in disabilities? How many times is NDIS going to sue providers surely that costs more than just doing the right thing and running a better system of care and checks on workers? Maybe an IQ test is in order here, or a common sense test, or can they read and write and do they know anything about disabilities? How many times will it happen that a nonverbal or vulnerable disability person or child must die? None should die. Manslaughter would be a better charge then this civil suing it is not enough.
Regarding the death of Kyah Lucas, from burns in the bath - It begs the question – why was the water so hot? - the workers said they touch tested it which is an inaccurate way to test water. The young woman died from the burns a few days later. She was non verbal and could not tell them she was suffering and burning - and she could not move to be able to get out. They say they only put her in for a few minutes and she started wriggling so they took her out. But what really happened? Unless we had cctv there in the house we would not know how long they actually left her in the water for. What is it with baths? Why do they keep killing our vulnerable children in baths? Perhaps baths should be banned since the workers seem incapable of being careful with those who they have been entrusted to the care of and paid to care for. The providers are paid top dollar – why are they not using qualified people as workers or even to supervise the workers why do they let not very clever people look after those who are very vulnerable. This should not be allowed. In fact the CEOs should be in prison for allowing such unqualified care and death to occur.
The provider came out with a statement last year in February 2022 to say that they were terribly affected by Kyah’s death and that they had worked with her for years and that the workers were experienced. Experienced enough to not check the water to see if it would burn Kyah when they put her in? Experienced enough to know she was extra sensitive to heat due to her skin condition. How experienced were they? They said the workers were traumatized by what happened. I doubt they are as traumatized as much as the mother who will not comment at present obviously due to deep grief from losing her child.
I remember when I complained to NADO about the deep bruises on my sons arm and where did they come from? She said one of the workers cried when she heard about it. I believe she was the one who actually punched James and knew she was in deep trouble if ever found out. Common assault. But they covered it up so well it was commendable if you were commending someone for hiding their crimes. The manager turned up with the workers next time he was picked up to make sure they did not talk to me.
LiveBetter’s statement saying how tragic, about Kyah dying, tch tch, and how we loved her, she was an inspiration, means little in the face of the police and ndis investigations. They said they are supporting the family of this girl – they said that about Merna’s family too, but Tanya did not get any support from Afford Disabilities.
“The front-line staff working with our client when the accident occurred are very distraught. They have been stood down with pay and are being supported with counselling as they deal with this tragic situation. These staff are not new to their profession, with over 9 years and 4 years experience supporting people with disability” said Ms Forsyth-Stock.
Ms Forsyth- Stock said All LiveBetter front-line staff go through induction and appropriate training across a range of safety and customer care courses.” M sales 2022 February Orange App News
The provider, or Ms Forsyth-STock covering their backs, called it a tragic accident but the reality when you put all the nice comments aside is that she was not surrounded by a community of love as she called it but she was surrounded by two workers who did not know what they were doing. The statement by LiveBetter was not true and the truth was this : The support workers may have had nine years and four years experience but in what? The workers had no formal training on the risks associated with bathing a vulnerable person or instructions about temperature for bathing someone like Kyra who had multiple disabilities. Just because she had disabilities does not mean she should be allowed to die and that it doesn’t matter – why do the providers treat those in their care like this? There was also no formal or specific risk assessment carried out by LiveBetter in relation to bathing a client or staff competency assessments for this duty. In Merna’s case the workers didn’t even know not to leave a vulnerable person in the bath by herself while they went off - you wouldn’t do that to a child – why do that to a person who is vulnerable oh that’s right they never go the information and as we heard at court, the information was not filled out by Afford Disabilities about epilepsy and seizure and procedures so double whammy of incompetence by Afford and ignorance by the workers. They were useless workers and negligent provider.
According to the Mandarin News April 2023 on Kyah’s recent death: The NDIS commission said the company did not give employees or agents caring for Ms Lucas any formal training on the risks associated with bathing a vulnerable person, or instructions about a suitable temperature for bathing a person like someone with Ms Lucas’ disabilities and vulnerabilities.
The claim also alleged there were no formal or formal or specific risk assessments carried out by LiveBetter in relation to bathing the client, or staff competency assessments for this duty.
Any “on the job” training of staff about Ms Lucas’ bathing needs were given by her mother — not a person employed by LiveBetter.”
Why are these providers allowed to run? They take the funds and then lie to cover up any of their misdemeanors or crimes of neglect. They are not being monitored not being checked not even by the NDIS they just get sued after the fact. Note : “The commission alleges those services, including 81 in-home bathing supports, were not provided with care or skill from April 2021 onwards.” The Mandarin 2023
The claim against LiveBetter alleges the provider breached s 73J of the National Disability Insurance Scheme Act 2013 by failing to comply with practice standards, failing to identify and manage risks to Ms Lucas, and not giving the client access to “competent and appropriate supports” to meet her needs.
This is very similar to what was breached regarding Merna Aprems case - also dying in a bath – failing the same things, not giving the client access to ‘competent’ and ‘appropriate’ supports i.e supervision in the bath. Are the workers ever competent?
The Financial Review (April 2023) writes about Kyah’s death “It is alleged the bathwater was only checked by feel and “not in a reliable manner, or by reference to Ms Lucas’ specific needs and vulnerabilities”. Ms Lucas could not communicate to staff that the water was burning her. She died in hospital five days later.”
The Ndia Commission said : Where such allegations are proven to be true, it may ban workers or providers, deregister providers and seek civil penalties.
“The death of Ms Lucas is tragic and our sympathies continue to be with her loved ones,” Ms Mackey said. “NDIS providers have very clear obligations. Failures, like those alleged by the NDIS Commission in these proceedings, will never be tolerated.”
“We will use our power to investigate any matters relating to any NDIS provider and workers [including allegations] where the provider has failed to deliver supports and services in a safe and competent manner with care and skill.”
However, words are cheap and the NDIS is letting many providers fail to deliver supports and services in a safe and competent manner. They only time they pull them up is when someone dies. When should it not be a manslaughter case – a negligent one a criminal case not just a civil case? They have to stop letting providers get away with causing and allowing deaths in their care due to that lack of proper care – a ndthe CEOs and workers involved should be in prison. They would be if it was a childcare case. Otherwise there is no deterrence and the way they run things through the NDIS needs change and reform or more innocent ones will die and more mothers and parents will be broken. We must not let them get away with this. There should be a Disabilities protection Bill to stop Providers walking away scott free after abuse, neglect and death occurs to those in their duty of care. It is wrong.
The workers are wrong they are not being checked, trained or educated enough. The providers know nothing about disabilities always acting as mere bank managers or business people with money on their minds. They wouldn’t like it if their children died. They would be up in arms suing people, using the law, hoping for prison for the offenders wanting justice. They need to stop committing these crimes and cover up of neglect and the NDIS needs to stop being so easy and pussyfooting around them with official words that mean nothing. They say they will not tolerate providers not providing proper safe care and yet they tolerate it all the time! The Financial news says that the NDIA watchdog is seeking financial penalties from Live Better. The NDIA did not even shut down Afford Disabilities when young Merna died in the bath - again financial penalties is what they seek. Afford made 148 million dollars profit last year from looking after those in disabilities with their ignorant workers. How shameful. They are making so much money they are not being even punished properly.
Noted also in the Financial News are assaults at LIveBetter and even suing the person that blew the whistle on them! Always the cover-up
“LiveBetter has come under scrutiny since an investigation by The Sydney Morning Herald in 2018 revealed allegations from parents of NDIS participants in LiveBetter’s care raised concerns their children were assaulted in the group’s disability care homes.LiveBetter later sued its former work health and safety coordinator Ken Freedman, alleging he blew the whistle on the company. The matter was withdrawn after Mr Freedman agreed, without admission, to not disclose anything considered confidential unless it became public or he was required to by law.”
Even the work health and safety coordinator was sued by LiveBetter for blowing the whistle on them. So crimes are kept in the dark. The job of the work, health and safety person is to stop at risk things happening. This provider obviously did not care about those in its care enough to allow health and safety to speak up. The NDIS should be also pulling up Live better on that. Someone also needs to make the NDIS accountable for what they are allowing providers to do.
Sign my petition - for cameras in care to be made mandatory –

change.org/disabilitycameras

Only with hard evidence can we have a provider or worker charged for neglect, assault abuse by the justice system. Providers all are allowed cameras but they don’t want them, they don’t want to get caught. Without them we do not get proper justice for our vulnerable children ever.
All the best

Anndrea x

#disabilitylivesmatteroz