NDIA Accountability Project

Submission 6 — Manningham Community Housing Inc — Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability

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Submission to the Royal

Commission into Violence,

Abuse, Neglect and Exploitation

of People with a Disability

1 Background

1.1 What is MICH?

Manningham Inclusive Community Housing Inc (MICH) was established by parents and community members concerned at the lack of accessible and affordable accommodation options available to people with an intellectual disability (ID). Our key objective is to help young adults with an ID (~20-45 years old), who currently live their lives in Manningham, to maintain and build a meaningful life by staying connected to the places and people within their community, and this means having a home of their own.

Our more than forty members have ageing parents who are taking the

responsible and necessary step of timely planning for a good life for their

children when they are no longer able to provide for them. MICH’s mission is

to:

® assist adults with an ID to stay in their community through access to long term accommodation within community, thus creating a sustainable home, developing their skills and building community networks;

e successfully facilitate the transition of people with an ID to independent living (with targeted support), through collaborative planning and

community action.

Members are supported both pre and post transition to their own home, assisting them to create a circle of allies, community anchors, and supports to help open the doors to neighbourhood life. We believe an essential key to successful transition is to build the capacity of our members to become as independent as possible and the targeted work in the programs we provide is to assist them towards this outcome. We acknowledge the natural authority of

families who know their children best and work closely with them at all stages;

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this includes surveys to establish areas for improvement through conversations, workshops and documentation.

We work collaboratively, negotiate and seek to establish funding and support for accommodation projects, link with accommodation providers and managers, and partnership with support providers. Our expertise is shared through workshops with the community and others.

1.2 A home is not just a house

In keeping with the requirements of UN Convention on the Rights of Persons with Disabilities, MICH believes that a home is not just the house in which you live and the people with whom you choose to live, but is also the community in which you have chosen to live. A sense of belonging can be found when hame is in a broad community where you find ongoing connection to people and places, where you are able to participate and contribute to that community. Figure 1, produced by one of our members, describes how to him (and to us) a

home is so much more that bricks and mortar.

Figure 1: How our members see a home

“Rights

Value

Respect

A place of my own where | belong

Choice

Awouojny

Meaningful

Life

Community

Connection

Warren OBrien 2007

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1.3 The Example of the Tullamore Project2

MICH brought together developer, Mirvac and housing provider, Community Housing Ltd (CHL), with important support from the Victorian Property Fund, to create new housing for people with an intellectual disability (ID) on the Tullamore Estate.

Four young people with a mild ID moved into two, new homes on Tullamore Estate early in 2018. MICH is now providing ongoing support to those young people through its Pipelines and Towards a Better Life transition programs.

Shari McPhail, CH L’s State Manager for Victoria has said:

There is no doubt in my mind that this will be a landmark development in Manningham and symbolic of the strength of the local community.

1.4 The situation in Manningham

M ICH’s research and practical experience has confirmed that the accommodation needs of people with an intellectual disability who live in Manningham are not being met at all. There are no opportunities for affordable accommodation available to them that give them the same choice as that of a typical citizen; choice as to where they live, with whom they live, and in a place that makes sense to them. This situation is exacerbated by the very high property and rental costs in the City and the lack of affordable housing. Currently, like many areas in Australia, Manningham has a deficit of over 1,200 affordable dwellings.

MICH has a waiting list of approximately 40 people in Manningham who are currently either living with their ageing parents or who are in accommodation which is only a short-term option. Not all parents are financially able to purchase a property, enter into equity arrangements to secure a property or to subsidise rental. Many parents are jeopardising their own financial security by selling their home, returning to work, cashing in their superannuation or taking out loans to facilitate a move for their child.

We have seen many examples of young people with an intellectual disability who, when they begin to live an independent life, develop and gain great self­ confidence. On the other hand, we are aware of others are unable to leave home and then suffer depression. We know of five cases where this has led to suicide.

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Members on a Disability Support Pension have no hope of exercising any choice and control over where or with whom they live. The NDIS has opened up the opportunity to obtain training and core supports, through Independent Living Options, to enable adults with an intellectual disability to live in a home of their own but without comprehensive regulation and planning requirements to enable subsidised access to ‘bricks and mortar’, this remains unattainable.

Rental is another area where there are obstacles as the person cannot compete on the open rental market as they usually have no rental history or access to secure income apart from the pension. Even with Centrelink rental assistance, people on a disability support pension cannot afford the rents currently being charged in Manningham.

1.5 UN Convention on the Rights of Persons with Disabilities3

The UN Convention on the Rights of Persons with Disabilities (CRPD), at Article 19, says on “Living independently and being included in the community” that:

Parties to the present Convention recognize the equal right of all persons with disabilities to live in the community, with choices equal to others, and shall take effective and appropriate measures to facilitate full enjoyment by persons with disabilities of this right and their full inclusion and participation in the community, including by ensuring that:

(a) Persons with disabilities have the opportunity to choose their place of residence and where and with whom they live on an equal basis with others and are not obliged to live in a particular living arrangement;

(b) Persons with disabilities have access to a range ofin-home, residential and other community support services, including personal assistance necessary to support living and inclusion in the community, and to prevent isolation or segregation from the community;

(c) Community services and facilities for the general population are available on an equal basis to persons with disabilities and are responsive to their needs.

The CRPD is binding international law and is primarily intended to address the situation in Third World Countries.

Australia has ratified the convention but has not implemented it. 4 of10

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1.6 UN Committee on the Rights of Persons with Disabilities4

In 2017 this UN committee held its 18th session on compliance with the UN CRPD and it emphasised the right for disabled people to independent living and to be included in the community.

The UN Secretariat for the Convention on the Rights of Persons with Disabilities on Accessibility and Disability Inclusion in Urban Development stressed that:

Housing as a key element of inclusive cities

  • Integrated approaches to housing, and positioning housing at the centre ofinclusive urban development, need to take account not only of environmental sustainability, diversity (including disability) and financial aspects, but also human rights.

  • Universal design, as a concept and principle, should be reflected in designs and plans for new built environments and in renovations to existing buildings and facilities to ensure they are accessible for all.

  • Building standards, laws and effective enforcement mechanisms are essential to ensure accessibility, availability, affordability and quality of housing and public services for all, including persons with disabilities.

Sadly, Australia reported that:

People with disability in Australia are restricted in their right to live independently and be included in the community, including the right to choose freely where and with whom they live. Many are forced to live in institutions, residential, and aged care facilities, in order to receive social and personal care supports.

1.7 UN Right to Adequate Housing for Persons with Disabilities Living in Cities5

In 2015 the UN Human Settlements Programme and the UN Human Rights

Commission published this guide which points out that the right to housing is

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one component of the “right to a standard of living” and has its origins in Article 25 of the Universal Declaration of Human Rights.

Specifically, the guide notes (under the heading Living independently (with some or no support)) that:

Few countries matched their stated strategic commitment to what was happening ‘on the ground.’ The main reasons for this seemed to be:

  • limitations of local resources and/or regional interpretation of strategic frameworks;

  • =the lack of a policy lead;

  • policy being under-developed;

  • assessment procedures which focused on processes rather than meeting needs. The report emphasises that persons with disabilities must have:

Opportunities to develop and express their will and preferences, in order to exercise their legal capacity on an equal basis with others. This means that persons with disabilities must have the opportunity to live independently in the community and to make choices and to have control over their

everyday lives, on an equal basis with others, as provided for in article 19.

The CRPD Committee determined that the community-based approach provides the best solution for supporting the exercising of legal capacity, supported decision-making and raising awareness about the right to adequate housing, including the right to different support services.

There are three elements within the right to live independently and in the community: the right to choose, the right to support services specific to the needs of the individual and the right to access mainstream community services and programmes on an equal basis with others.”

Section 4 of the Guide specifies that:

National legislation and policies need to be in accordance with the Convention on the Rights of Persons with Disabilities (CRPD) provisions on non-discrimination, including the provision that the denial of reasonable accommodation constitutes disability-based discrimination.

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2 Our suggestions to the Royal

Commission

We would ask the Royal Commission to recognise that:

  • Young people with a disability have the right to live within the communities where they grew up and have maintained their social connections;

  • Moving young people with a disability out of their community increases vulnerability, disrupts their lives, and reduces their level of independence;

  • Leaving young people to continue to live at home, with aging parents, is stressful all round and can lead to serious depression. It prevents the young developing and gaining the self-confidence that comes from living an independent life;

  • Young people with a disability have the right to live independently, if they so wish and its most cost effective if we should help them build their capacity to become as independent as possible. The NDIS can play an important role here;

  • The best ongoing support for young people with a disability who choose to live independently within communities is from circles of support that are provided by the community, their friends and families;

  • In urban areas such as Manningham, there is a considerable deficit of affordable housing and rents and house prices are too high for people on a Disability Support Pension;

  • People on a Disability Support Pension are not eligible for bank mortgages or loans and, even if they were, repayments would be too high;

  • NDIS does not provide financial support for rent, mortgages or home purchase;

  • All this needs Commonwealth and State Government action, to require developers to provide affordable housing within communities and for Governments to provide financial support so that people on a disability support pension can afford to rent or buy their own home.

We would particularly ask that the Royal Commission recommends that Australia implement the UN Convention on the Rights of Persons with Disabilities (CRPD), and especially Article 19.

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