A national disability insurance scheme provider did not accept a woman’s claim she was physically assaulted by a support worker even though the employee admitted pushing the client to the ground, the disability royal commission has heard.
NDIS provider Life Without Barriers is facing allegations of neglect and violence that took place at homes in New South Wales and Victoria.
Facing the royal commission on Monday, Stephen Doley, a director of policy at Life Without Barriers, conceded the provider had made mistakes at the troubled homes.
That included not consulting residents and families about new clients that would be moving in and the failure to report serious incidents to the NDIS watchdog.
Those admissions followed claims last week that some residents had been repeatedly physically assaulted by other clients at the Victoria home to the point where violence had become “normal”.
Doley also admitted an internal investigation into claims a support worker had pushed over one of the residents at the NSW home was flawed.
The inquiry last week heard a resident known by the pseudonym Sophie was kicked out of the home in 2019 after she attacked the support workers.
Sophie, who lives with cerebral palsy, a mild to moderate intellectual disability and left hemiplegia, had been sexually assaulted outside the home by a date about two years earlier and was stressed by the ongoing court proceedings.
Sophie claimed her behaviour followed an earlier incident where one of the support workers had pushed her to the ground.
The inquiry heard Sophie hurt her leg and had bruising after the incident.
Life Without Barriers ran an internal investigation which later informed Sophie’s parents there was “insufficient evidence of any wrongdoing by a worker”.
Sophie was evicted from the home by Life Without Barriers.
Yet the inquiry on Monday heard the employee had told the investigation they admitted pushing Sophie to the ground.
Doley agreed with criticism from the NDIS watchdog that the provider’s internal investigation was flawed.
“Not only was that referenced by Sophie herself in an interview, it appears that the worker had also admitted to that taking place,” he said.
“So by virtue of that, I think the allegation … should have been substantiated.”
Doley also accepted rules imposed on Sophie denying her the right to have visitors after 6pm – including her then fiance – were not appropriate.
He said there were “some complexities” in creating policies to allow Sophie to explore sexual intimacy, but she “certainly” should have been allowed to have her boyfriend stay over at the house.
Last week the inquiry was told Sophie had been sexually assaulted in a public park after she was forced to leave her home to meet up with another date that she’d connected with online.
Under questioning by counsel assisting Belinda Baker, Doley agreed the provider should have reviewed these rules prohibiting male visitors after the assault.
Doley was also grilled about how another resident at the NSW home, known by the pseudonym Natalie, had been hospitalised with a bowel instruction after her support workers failed to follow her care protocols.
Natalie, who has cerebral palsy and a moderate intellectual disability, required major surgery and her mother told the inquiry last week she had nearly died.
Doley conceded on Monday there were about three months of bowel charts that were not filled out by support workers.
He agreed this was a “clear deficiency” and said the provider had taken steps to improve its processes.
Doley also confirmed Natalie’s hospitalisation was not reported to the NDIS Quality and Safeguards Commission and that Life Without Barriers failed to review the incident.
He also agreed it was wrong that the provider had not always followed a request from Natalie’s mother that her daughter’s personal care was only carried out by female staff.
That request followed allegations that Natalie had been indecently assaulted by a staff member.
The support worker was charged in 2015, but found not guilty two years later. He was dismissed from Life Without Barriers.
Life Without Barriers’ chief executive Claire Robbs will front the inquiry on Tuesday.
• Crisis support services can be reached 24 hours a day: Lifeline 13 11 14; Suicide Call Back Service 1300 659 467; Kids helpline 1800 55 1800; MensLine Australia 1300 78 99 78; Beyond Blue 1300 22 4636
