Tuesday, 7 July 2020
To whom it may concern,
I write to you with my concerns and experience with issues under the NDIS experienced by
our son L with reference to the NSIS Quality and Safeguards
Commission.
Background
L is 22 years old, severely disabled and is vulnerable. A Mater Hospital OT report stated:
“Results indicate L has limited to nil abilities in the performance of the majority of motor and cognitive activities assessed and will require high level of constant one-on one supervision and assistance in performance and maintenance of these basic life activities. Without the appropriate level of supervision and assistance L is of high risk of self-neglect, malnutrition, disease, infection and Illness, accidental injury, harm from others and further hospitalisation.”
• L ’s first NDIS plan was approved 9th May 2019.
• L ’s amended NDIS plan (current) 21st May 2019.
• We sought an internal review (attached) because L ’s plan was a transition away from
his family providing his supports to a provider model of care. This was against L ’s wishes and L was placed at significant risk/harm whilst in a previous provider model of care (QLD state).
• The internal review found in L ’s favour however, funding and supports were significantly
reduced.
- We sought a subsequent review on 22nd August 2019 under the AAT (ongoing). • As L ’s Dad I have been asked not to represent our son in the AAT process by NDIA lawyers
who produced ‘NDIA v’s KLEWER’ as a legal argument.
-
An AAT directions hearing under Senior Member Meagher suggested I seek Legal Aid (QLD) to overcome this hurdle.
• I applied for Legal Aid on L ’s behalf on 15th May 2020 and have had no response.
• L ’s current plan expires in 17 days (24th July 2020).
• Our Support Coordinator has arranged allied health to assess L (PBSP and OT report) to
appease the NDIS however, we are waiting on a Positive Behaviour Support Plan (PBSP) to be completed.
- The PBSP is now the subject of a complaint with the NDIS Quality and Safeguards Commission. (attached) as of 27th May 2020.
Complaint to NDIS Quality and Safeguards Commission
- The Commission contact is detailed below:
-
First contacted the Commission over the phone where an officer took the complaint on 27th May 2020.
- Second contact was with Senior Complaint Handling Officer, G who
telephoned me on 9th June 2020 to get my summary of the complaint.
3. Third contact was an email from G confirming the allegations in
writing. She suggested I forward a copy of the PBSP in question and “I will be back in contact with you after I have contacted P and obtained information from them. This process can take a number of weeks.”
4. Fourth contact was 24th June 2020 I received a telephone call from G who
confirmed she had spoken with P
(P ) who produced the PBSP. G s suggested I wait for a response
from P whilst she waited for her colleagues to read and review the quality of the P PBSP.
5. Fifth contact was from The Director of P who rang on 13th June 2020 to arrange a
meeting to discuss the issues. Meeting took place on Monday 15th June 2020.
6. Sixth Fifth contact was from The Director of P in an email dated 25th June 2020
(attached) to Myself and cc’d in G from the Commission.
7. Seventh contact was from Director of P in an email on 30th June to to
suggest that “J has completed the draft updates and the plan has been transfer to the P template.” And “Currently given your concerns the plan is being reviewed by myself and K and it will be shortly forwarded to yourselves.”
- To date, there has been no further contact from either party and the PBSP has not been received.
Current Situation
This is a very distressing situation to be in as parents of a vulnerable young man with a disability. L remains underfunded whilst the AAT review process is mired in lawyers and legal argument. L should be able to qualify for Legal representation however, despite all attempts to get an answer on whether a grant of legal aid is forthcoming, we wait.
L ’s NDIS plan is up for review and we have absolutely no idea if we can continue to provide his care or we will be forced to accept a provider model which, will put L at risk of self to self and others and I find that unacceptable.
At no time was L contacted by the NDIS during COVID19. I am starting to wonder if he is on anybody’s radar at all.