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Promoting the Human Rights, Interests and Dignity of Victorians with a Disability Or Mental Illness

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Promoting the Human Rights, Interests and Dignity of Victorians with a Disability Or Mental Illness Promoting the human rights, interests and dignity of Victorians with a disability or mental illness Community Visitors Annual Report 2011-2012 Mental Health Disability Services Health Services Community Visitors Annual Report 2011-2012 © 2012 Office of the Public Advocate ISSN 1836-3296 Cover: The cover of this annual report is a photo of an art installation by University of Melbourne student Amelia Mellor. Amelia folded 660 origami boats in a rainbow of colors and launched them in the university quadrangle moat one autumn day in 2012. The photo was taken by her cousin. The boats are as diverse as the many Victorians with a disability whose circumstances make them vulnerable to abuse, neglect and exploitation, the theme of this year’s Community Visitors annual report. The Honourable Mary Wooldridge MP Minister for Community Services, Mental Health and Senior Victorians Level 22, 50 Lonsdale Street MELBOURNE VIC 3000 20 September 2012 Dear Minister RE: COMMUNITY VISITORS ANNUAL REPORT 2011-2012 In accordance with the Mental Health Act 1986, the Disability Act 2006 and the Health Services Act 1988 please find enclosed the 2011-2012 annual report of the Community Visitors Mental Health Board, Disability Services Board and Health Services Board. The focus of this year’s report reflects the findings in relation to the disturbing propensity of reports in relation to the abuse, neglect and exploitation of residents and consumers when in the care of others – in this case, service providers. The findings have been drawn from 5104 visits by 360 Community Visitors across the state. The Community Visitors Boards commend the report to you and thank you for your support of the program to date. According to Community Visitors, there is critical work to be done to prevent fellow Victorians with a disability from being abused, neglected and exploited. They look forward to continuing to work with you to prevent this deeply concerning matter. Yours sincerely, Colleen Pearce Public Advocate and Chairperson of the Combined Board Office of the Public Advocate Level 1, 204 Lygon Street, Carlton, 3053. DX 210293 Local Call: 1300 309 337 TTY: 1300 305 612 Fax: 1300 787 510 www.publicadvocate.vic.gov.au Community Visitors Annual Report 2012 1 Ordered to be printed Victorian GOVERNMENT PRINTER Palimentary Paper No 168, Session 2010-12 Contents 1 Letter of transmission 92 Health Services statewide themes and recommendations 4 Message from the Public Advocate and Chairperson 94 Health Services regional reports 8 Introducing the Community 99 Barwon-South Western Region Visitors Boards 101 Eastern Metropolitan Region 104 Gippsland Region 10 Introducing Community Visitors 106 Grampians Region 106 Hume Region 11 Reporting Regions 108 Lodden-Mallee Region 111 North and West 12 Mental Health Statewide themes Metropolitan Region (North) and recommendations 112 North and West Metropolitan Region (West) 14 Mental Health Regional Reports 114 Southern Metropolitan Region 20 Barwon-South Western Region Appendices 21 Eastern Metropolitan Region 23 Gippsland Region 117 Facilities visited by Community 23 Grampians Region Visitors 2011-12 24 Hume Region 26 Lodden-Mallee Region 119 Community Visitors 2011-2012 29 North and West Metropolitan Region (North) 121 Acronyms 35 North and West Metropolitan Region (West) 37 Southern Metropolitan Region 42 Disability Services statewide themes and recommendations 44 Disability Services regional reports 50 Barwon-South Western Region 57 Eastern Metropolitan Region 70 Gippsland Region 71 Grampians Region 75 Hume Region 77 Lodden-Mallee Region 79 North and West Metropolitan Region (North) 83 North and West Metropolitan Region (West) 86 Southern Metropolitan Region Message from the Public Advocate and Chairperson “The desire for dignity is universal and powerful. It is a motivating force behind all human interaction – in families, in communities, in the business world, and in relationships at the international level. When dignity is violated, the response is likely to involve aggression, even violence, hatred, and vengeance. On the other hand, when people treat one another with dignity, they become more connected and are able to create more meaningful relationships” Donna Hicks, Dignity – The Essential Role it Plays in Resolving Conflict Abuse and violence Addressing the abuse, neglect and exploitation In mental health, most services have developed of people with a disability or a mental illness is gender-specific areas but Community Visitors still a pressing human rights issue, and a key priority report serious difficulties. At one adult acute unit, area for both my office and Community Visitors. the gender-specific area is generally locked at night as it is out-of-sight of the nurses’ station. In other While many people are given caring support by settings, the mix of residents and the pressure on dedicated staff, Community Visitors are encountering beds makes it hard to justify keeping a separate an increasing number of people who are victims of area available. Not surprisingly, women continue to abuse, violence including sexual assault, and neglect. fear for their safety in many mental health services The figure on page 5 shows Community Visitor and SRS where staff struggle to support large reports of these matters have more than doubled in numbers of people with a variety of complex needs. three years. Government and service providers must In disability services, there have been several well- act immediately to stop the suffering of vulnerable publicised cases of sexual assault of residents by people with a disability and their families who are staff and other acts of violence against residents. being irreparably damaged by abuse. Resident incompatibility and the heightened risk They must also do everything possible to prevent of abuse between residents, continues to be of abuse from occurring in the first place and respond concern for Community Visitors. In some facilities, with care, concern and immediate action when people with very different needs are forced to allegations of abuse are made. share confined spaces and staff constantly manage This year, Community Visitors reported numerous potentially volatile situations, resulting in safety very troubling cases of assault by staff, serious and concerns or in unnecessary restrictions on an unexplained injuries, and people living in fear of individual’s freedom. Again, this year, Community violence. In 30 instances, Community Visitors were Visitors cite services where people with violent so concerned for the immediate safety and wellbeing and challenging behaviours have assaulted other of individuals, I received formal written notifications residents and staff. Community Visitors reported of these cases. multiple incidents of residents being threatened with knives, and of other physical and verbal abuse. In A review of Community Visitors reports and the one case, a resident of an SRS murdered another increasing number of formal notifications reinforces resident. In a mental health facility, a consumer who to me, the urgent need for service providers to foster had been in care for an extended period of time a culture that is alert to signs of abuse, neglect and – ‘long-stay’ – was repeatedly assaulted by other exploitation, where abuse is not tolerated, where consumers, up to three times in a month. victims and their families are supported without hesitation and incidents are reported immediately Individuals, staff, families and friends, concerned and appropriately. about safety and desperate for help in dealing with challenging situations have accessed OPA’s Advice Community Visitors have reported allegations of Service 316 times for advice, support or to request sexual assault in mental health services, Supported a visit from a Community Visitor. Residential Services (SRS) and in group homes for people with a disability. The Health Services Board, Of particular concern is an increase in reports of so disturbed by allegations of sexual assault in SRS, significant, unexplained injuries consistent with being reported their concerns directly to the Community caused by assault or trauma. In one case, a forensic Services Minister, Mary Wooldridge. physician’s independent review stated that 4 200 183 180 160 69 140 120 110 100 91 27 80 26 87 60 number of issues identified 66 40 55 20 27 10 17 0 2009-2010 2010-2011 2011-2012 stream Health Disability Mental Health Figure 1. Abuse, Neglect and Assaults across all Community Visitor streams, 2009-2012 Graph 1. Abuse, Neglect and Assaults across all Community Visitor streams, 2009-2012 a resident’s injury “does not necessarily require Community Visitors identified cases where multiple a fall. It does, however, require inappropriate and health assessments had been undertaken before rough handling as a minimum”. In a different case, fractures were identified. Health professionals the same physician stated, “it is hard to see how often struggle to assess people with a disability such severe injuries could have gone unwitnessed who have difficulty communicating, yet Community and unrecorded.” If a service provider cannot identify Visitors report instances where residents are sent the cause of an injury, how can it guarantee that the alone by ambulance, with no written summary of person concerned has not been a victim of assault? their communication or health issues and no staff Moreover, if it is an assault, how will that person be to advocate on their behalf. Consequently, they protected from further injury? receive inadequate healthcare
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