Lifestyle Solutions: Accusations of sexual abuse at national disability provider

A Queensland mother has called for national disability provider Lifestyle Solutions to be closed down after it reinstated a carer accused of abusing her intellectually disabled daughter.

The call comes as the Victorian Government announces it has ripped up contracts with Lifestyle Solutions to run two state-owned group homes over client safety concerns and “shortcomings” in oversight.

Earlier this year, the ABC revealed a series of allegations of physical abuse and neglect of clients at the organisation.

It included investigations into the deaths of at least four Lifestyle Solutions clients in New South Wales that identified practice failures.

‘This is where I found the condom packet’

Hannie Nissen believes Lifestyle Solutions mismanaged allegations her daughter, Eleka, had been sexually assaulted by a carer.

PHOTO: Eleka Nissen claims she was sexually assaulted by a carer. (ABC News: Alison Branley)

She said Eleka had been working with one of Lifestyle Solutions’ carers when her daughter’s mental state began to deteriorate.

“Before this happened Eleka was a really happy girl,” Ms Nissen said.

“She started wetting herself, which she didn’t do before. She was hysterical laughing for no apparent reason. She was just not herself at all.”

Her family also discovered bruising on her inner thigh.

Ms Nissen’s worst suspicions appeared to be confirmed a few weeks later when she made an unnerving discovery.

“This is where I found the backpack with the empty condom packet in it,” she said as she showed the ABC through her family’s downstairs apartment where Eleka would work with carers to learn to live independently.

It was then Eleka made detailed allegations of sexual assault and alleged the perpetrator was one of her carers.

“In the beginning I couldn’t believe it,” Ms Nissen said.

“I think for the most of us this is one of the biggest fears, that our kids will be sexually abused because it is easy, they’re an easy target.”

Eleka’s family doctor, Dr Rosemary Howard, told the ABC her change in behaviour suggested she had been traumatised.

“In my opinion the symptoms [Eleka] was displaying could have been consistent with somebody having been sexually abused,” she said.

‘They were protecting their brand’

Eleka was interviewed by Queensland Police but her mother said no family members were allowed to support Eleka in the interview because they were potential witnesses.

PHOTO: The Lifestyle Solutions website. (Supplied: lifestylesolutions.org.au)

Instead, Ms Nissen said, another carer from Lifestyle Solutions — a colleague of the alleged perpetrator — was asked to support Eleka for part of the interview.

Ms Nissen felt that represented a conflict of interest.

“They were protecting their brand and that is all they were doing,” she said.

Eleka’s condition deteriorated further following the interview.

“She would lay in the middle of the road and she wanted the helicopter, which in my [view] is, she just didn’t want to be here anymore,” Ms Nissen said.

Queensland Police arrested the carer but could not find evidence to take the case further.

The ABC has seen some police logs relating to Eleka’s report, which showed Queensland Police confused key aspects of the nature of the assault allegations.

Ms Nissen has never been able to access a full copy of Eleka’s interview.

“I don’t think the police really have taken Ellie seriously,” she said.

Unhappy with the police response, Ms Nissen told them she did not want them to investigate further.

Queensland Police said it conducted a thorough investigation and a senior officer reviewed the investigation.

“The [service] takes complaints of sexual assault seriously. It was determined there was insufficient evidence to press charges,” a spokesman said.

Leona Berrie, from Queensland victims of crime support service Women with Intellectual and Learning Disabilities (WWILD), said it was common for prosecutors to decide not to pursue allegations from people with a disability.

“I think there are still myths that pervade, that people are more likely to be lying or making things up or misinterpreting how things happened,” she said.

Queensland Government upholds complaint, does nothing

During his interview with police, the carer said he had taken Eleka to his private home and on excursions not outlined in her support plan.

PHOTO: Eleka doing craft with helpers at a new day program. (ABC News: Alison Bramley)

This was considered a serious breach of Lifestyle Solutions’ own Code of Conduct, but instead of being dismissed the carer was reinstated with a first and final warning.

“[They] told me it was best for my daughter to come back … and just get on with it because people like Eleka often did stories,” Ms Nissen said.

“I cannot believe that.”

Ms Nissen took her daughter’s case to the Queensland Department of Communities, Child Safety and Disability Services.

It upheld her complaint about Lifestyle Solutions’ actions but took no further action.

The department found because Lifestyle Solutions followed its procedures and kept the worker away from female clients, it had done enough to keep clients safe.

When contacted by the ABC about the incident, Lifestyle Solutions chief executive Andrew Hyland said the Queensland carer stopped working at Lifestyle Solutions six months later.

“This matter involved a serious allegation and it was quite properly the subject of a police investigation,” he said.

“Lifestyle Solutions takes all allegations and complaints seriously and … ensures such serious matters are referred to the proper authorities for investigation.”

The ABC understands the carer chose to stay on extended leave but would still be entitled to work with vulnerable people under Queensland’s Blue and Yellow card systems.

For Ms Nissen, the outcome is not good enough, and she does not want other families to experience what her family went through.

“I want to see them closed down,” she said.

Failures and shortcomings in Victoria

The Victorian Government announced this week it would cut contracts with Lifestyle Solutions after an independent review found the organisation’s ability to manage incidents “continues to be compromised” in its two group homes.

PHOTO: Martin Foley cancelled Victorian contracts with Lifestyle Solutions after a critical report. (ABC News)

The report by consultant Heather Michaels and Associates noted failures to “address immediate client safety and wellbeing” and “shortcomings” in oversight.

The report said an investigation into one incident in late 2016, when a resident was severely injured, contained “many gaps” and took too long to be passed onto the Government.

“The review identified an earlier incident in which a resident had received unexplained bruising to her back which had been poorly categorised … and was not formally investigated,” the report said.

Victorian Disability Minister Martin Foley told the ABC the Government had cancelled the provider’s contracts after already parting ways with Lifestyle in April over issues at a third home.

“All Victorians, particularly those with a disability, have a right to a safe, secure home and that was what was not being provided in this instance,” he said.

He said the Government would now work with the 12 affected clients and their families to find suitable care.

“We’ll go through a process of working with other providers who we’ve got a lot more confidence in,” Mr Foley said.

Lifestyle Solutions’ chief executive said the Government’s decision related to cases that had already been the subject of extensive review by investigative and regulatory bodies.

“As an organisation, we continuously review and implement advancements to strengthen our policies, procedures and management frameworks to deliver the best services possible,” Mr Hyland said.

[“Source-abc.net”]