Too big for their boots - the lack of real care or accountability by Afford Disabilities – the loss of Merna Aprem a 20 year old young woman - something that never should have happened – how can we trust any providers in disabilities? We just cannot – parents are the ones in the end who have to police and make the providers accountable as the NDIS watchdog does that it just watches and rarely moves to do anything… ‘Afford admitted its conduct was negligent and careless, but argued it was not deliberately reckless.’ (ABC news 14 June 2023)https://www.abc.net.au/.../ndis-provider.../102478372
I disagree – Afford not only were negligent and careless they were deliberately focused on their money making at the expense of the lives of those they were supposed to be caring for. Their goals made them ignore the needs of those with special needs and yet their organization claims to care for the vulnerable. They were deliberately reckless in how they run their organization with little time to take the trouble of training and checking on workers or even checking all the houses they run as they have grown bigger and bigger they have cared less and less for the humans they hold in their disability houses the ones they take all their funds off and use. The workers may not have been deliberately reckless, they were careless and thoughtless, but the organization certainly was reckless and still is. The ABC News (14 June 2023) notes: ‘Justice Wendy Abraham acknowledged the severity of the actions and told the court Afford's failures may have caused or contributed to the woman's death.'
This seems a very watered down statement – but perhaps because it was a civil case – it looks obvious that Afford’s failures did cause and contribute to her death but that needs to be taken to criminal court then because causation is very important there. This court case makes it such a light thing to say ‘it may have’ caused or 'contributed' to Merna’s death. When it was such a tragic death. A crime.
This is the first case because of a death of a young woman that the NDIS commission have sued any provider – and yet Afford disabilities is still allowed to run – why? Because they make alot of money since NDIS is money orientated? The disconnect between technology and human life and reality is too great allowing for neglect. Just as Integrity care was shut down after the death of Anne Marie Smith at the neglect of her support worker – so should Afford should be shut down.
Afford allowed Merna to die – simply because the USB with Merna’s information was not given to the workers, the workers were never informed she had epilepsy seizures (but where is their common sense for giving a vulnerable person a bath??) Simply because they never got the memo or usb – the technology failed this poor merna died alone they left her alone. Yet when you look at the judgement papers from court – even if they got the usb or files on Merna the epilepsy plan was not filled out because they forgot to get more information from Merna’s mother for the new doctor – even though Tanya had given them all the medical information and instructions on Merna never to leave her in the bath alone. Unsupervised. Are they stupid or something ? Afford? The workers? Do they have a brain? It is not just simply to do with a USB it is to do with the whole system at Afford – the workers not trained properly, and the leadership not caring about those they are making their millions out of and that is the root problem. The leadership itself should be punished.
Disturbingly, not only were Merna’s epilepsy medical forms not filled out but the forms of many of the other clients with epilepsy were also not filled out. Why make the parents fill out forms if they are not going to be read or given to the relevant people? Why are they not handed on to each worker of Team leader etc etc or to the support workers? Who will be the next to die because someone did not fill out the forms or check on them or train the workers at all? Its shocking to know that many of the other disability vulnerable persons with epilepsy in the care of Afford did not have their seizure medical forms filled out. Why should the NDIS be paying Afford at all? NDIS is also being negligent by not having human involvement in the checking of the providers services. Its not a retail business. Humans need human involvement and care and accountability, plus policing. Humans can be devious or lazy or do the wrong things and humans can coverup what they do to those who cannot speak and are so vulnerable they are at the mercy of the human carers who must be checked always.
Noted by the Court judgement :
37 ‘The McLeay Report and the correspondence between the Commission and Afford following Ms Aprem’s death, indicate that the relevant failures were indicative of systemic failures within Afford. The McLeay Report identified that various underlying failures contributed to the incident, including: a disconnect between box ticking for compliance reporting versus processes that assist in patient care; staff did not have all of the relevant information about the clients in an accessible and secure way to meet their needs effectively; and ambiguity of responsibility for collecting and storing of information and confusion in responsibilities of staff on shift. An audit prompted by the Commission found that a number of clients had no EMP in place, noting that the audit results provided by Afford suggest that there was a significant failure within the organisation to ensure that EMPs were completed for clients with epilepsy.’ P.15 Federal Court - 14 June 2023
Gross negligence of the technology and paper kind. Leading to gross negligence of the criminal kind in the death of dear young Merna.
On the instructions from Merna’s mother alone that should have been enough. Do the workers ever read the instructions, can they read? Do the leaders of each department in th$148million a year organization ever read the instructions or check if the workers are carrying out their jobs properly? Why are they letting technology run the show? While they pull the millions of dollars into their coffers.
The court charged Afford with not keeping Merna safe. That is putting it mildly. I was there at the court day with Merna’s mother and family listening the while the lawyers rattled on about the money and that Afford could afford it. Afford can afford it no doubt, they should be made to pay 4 million dollars not $400,000 a mere drop in their bucket. Each client paying them over $170,000 a year. Yes, Afford can afford it. None of us the parents can afford to lose our children though. We only get one life how dare they treat our vulnerable disability children and adults with such disregard.
Since they made their 148 millions dollars last year, and Afford quibbled over being charged twice for the same breach of protocols which was not the case. To them it was a business argument to the family it was a deep loss.
How will we ever know how long they left Merna alone in the bath? Or did she really say to the worker to go out? Did the worker make that story up to cover herself? WE would only know with CCTV cameras at least know the time the worker walked out. Or when they decided oh well lets check and see how Merna is going? The investigation is going by phone calls and texts. It was a good twenty minutes before they rang the ambulance. As they said in court – why didn’t the worker wait outside the door until Merna had finished her bath? at least keep an eye on – supervise her ? Why indeed, as they had signed a contract with the mother saying they would look after Merna, and the mothers notes said never to leave Merna alone in the bath or shower. They broke the contract and they let a girl die.
Notes on what the workers told in their story was that Merna said the water was too hot so the worker put more cold water in and said Merna was jumping around and the worker told her not too as it was unsafe. Maybe she was jumping around because of the hot water, and it is ironic that the worker told her to sit in the water as it was unsafe - maybe the worker put too much water in?yet the support person could not work out that it was unsafe to leave Merna alone in the water and to not supervise at all? Its all about convenience but the simple fact is they did not even keep health and safety protocols with this girl in their care. Did the workers actually care? Were they too busy too care? Not enough workers in the house if there was so much personal care to do for the clients? Afford could afford to have more workers surely?
28 ‘The two support workers employed by Afford on the evening of Ms Aprem’s death, 23 May 2019, had both commenced working for Afford in 2019. While they had worked at other Afford locations, neither had worked at Woodbine before and neither had completed a buddy shift there. Neither were aware that Ms Aprem suffered from epilepsy and nor had they seen her Epilepsy Management Plan (EMP) or Comprehensive Health Assessment Program (CHAP) prior to commencing their shifts. There were two other clients at Woodbine on the evening of 23 May 2019. (14 June 2023 Federal Court)’
Afford disabilities say they have made it all better now. Really? The CEO should be in prison but this case in the hands of the NDIS is just a civil one yet it is criminal that the neglect occurred. If you do the ‘but for’ test of causation – but for the workers not leaving Merna alone, she would not have died, but for the information not being passed on to them by Afford administration Merna would not have died. Causation of the crime should be swiftly left at the feet of Afford Disabilities.
The workers were never charged. Yet when a bus driver has an accident or is reckless and people die he is charged, but a disability worker can do the wrong thing or their organization and an innocent person dies and no one is charged. A baby died in childcare a few years ago in Sydney and the childcare place was closed down at Randwick. A disability person dies and not one person is charged or the organization shut down not here in NSW. The lack of justice in this is criminal. We need stronger laws that make it an offence to let someone die in a provider’s care through negligence and neglect. The CEOs of the provider corporate organizations should be charged if they have allowed the neglect and have not put in proper health and safety protocols. It is all talk what they say in their policies.
I even heard in the court that day from the reports of how one supervisor person at Afford had said no Merna did not drown – instantly covering up what happened immediately after the death. They only think of coverup but this time they could not as there were lawyers involved and a mother who would fight for her daughter’s right to justice.
The lawyer for Afford, called Afford’s policies robust – really then why did a girl die? The policies are useless if they are just lip service to Health and Safety rules but the workers do not keep the rules or the people over them have little to do with those doing the care.
The Federal court (14 June 2023 page 25, paragraph 74) noted :
‘The respondent submitted, given the circumstances, including the steps taken by Afford after Ms Aprem’s death, that the Court should be satisfied that it is unlikely to engage in future contravention. The respondent submitted that at all relevant times, Afford had in place policies and procedures in respect of epilepsy and seizure management and that the McLeay Report described Afford’s policies and procedures were “generally robust and comprehensive”. Noting the failures addressed above at [37], the applicant submitted they were evidence of systemic failures in Afford, and that the Court could not be satisfied there is a corporate culture conducive to compliance, or that future contraventions are unlikely.’
The Court noted that despite Afford saying their policies were robust they obviously were not robust enough to prevent Merna’s death.
75 ‘There is some force is the applicant’s submission. As plain from the agreed facts, the policies and procedures relied on by Afford were in place at the time of Ms Aprem’s death, and did not prevent the patent failures occurring in this case. The evidence of systemic failures makes it difficult to make the finding sought by Afford as to the unlikelihood of future contraventions. It is not just the failures of compliance, but that whatever the system in place to ensure compliance with the processes and procedures, it was not robust enough to meet that task. That said, it may be accepted that Afford has taken steps after Ms Aprem’s death to address its compliance obligations, with the aim of ensuring future compliance does occur.’ Federal Court: 14 June 2023, (NDIS v Afford 2023 paragraph 75)
Policies need accountability and enforcement by those in charge or those independent organization to police such as health and safety. Where are the health and safety officers in disabilities? There are none. Afford needs to change we know they promise to but do they mean it? They are just dodging more fines and charges. Do they (the court) really believe Afford will be good?
Afford needs to be punished criminally then in a different court because in this case the NDIS is suing its own provider so its going easy on its own kind.
We need our vulnerable disability children protected from the likes of Afford disabilities with their moneymaking machinery. Our children and adult children are humans with rights – the providers and NDIS, should never violate our children’s rights to protection from harm. They should never neglect or abuse them. The reason Afford was fined was because they did not keep Merna safe enough, or it was an unsafe environment. Afford itself is unsafe to deal with. The real truth is they let a young vulnerable woman die in their care because of their omission to care and protect really a manslaughter or criminal negligence case. Afford got off too lightly for the gravity of what they did or failed to do.
May it not happen to anyone else and surely Afford should be stopped now? The lack of justice in this still is glaringly obvious that they should get away with death of those in their care, and even abuse that occurred and was addressed by the Royal Commission last year. The worker was jailed but Afford went on its merry way.
WE must not let any providers get away with hurting or neglecting our children ever!
Sign my petition for cctv cameras in disabilities to make providers like Afford, and the other big ones NADO and Life without Barriers accountable for their misdemeanours and even their crimes against innocent ones so easily covered up.
Change.org/disabilitycameras
All the best
Anndrea x

#disabilitylivesmatteroz