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  `redacted` with reference to the NSIS Quality and Safegards
   Commission.

Background redacted is 22 years old, severely disabled and is vulnerable. A Mater Hospital OT report stated:

            "Results indicate `redacted` 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 `redacted` is of high
              risk of self-neglect, malnutrition, disease, infection and Illness, accidental injury, harm
         from others and further hospitalisation."\n

• redacted ’s first NDIS plan was approved 9th May 2019.
• redacted ’s amended NDIS plan (current) 21st May 2019.
• We sought an internal review (attached) because redacted ’s plan was a transition away from his family providing his supports to a provider model of care. This was against redacted ’s wishes and redacted was placed at significant risk/harm whilst in a previous provider model of care (redacted state).
• The internal review found in redacted ’s favour however, funding and supports were significantly reduced.
• We sought a subsequent review on 22nd August 2019 under the AAT (ongoing).
• As redacted ’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 redacted ’s behalf on 15th May 2020 and have had no response.
• redacted ’s current plan expires in 17 days (24th July 2020).
• Our Support Coordinator has arranged allied health to assess redacted (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 NDS Quality and Safeguards Commission

• The Commission contact is detailed below: 1. First contacted the Commission over the phone where an officer took the complaint on 27th May 2020. 2. 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.” 8. 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.
  
    Sincerely
  
   Kevin Danher