Human Rights Review Tribunal, HRRT29/2015 (2 July 2015)
The Human Rights Review Tribunal issued a declaration that Pasifika Integrated Healthcare Ltd had breached Mr A's rights under the Code.
Pasifika was contracted to provide care to Mr A, a 35 year old Fijian Indian man who had a significant intellectual impairment. Mr A lived at home with his mother, who was his primary caregiver. He was assessed by a needs assessment service coordinator as being independent with his personal cares but requiring assistance engaging with the community. Mr A spoke Hindi but very little English.
On 30 March 2007 Pasifika was contracted to assist Mr A with daily activities in the community for two days per week. Pasifika utilised "Personal Care" funding to provide a "Community Engagement" programme for Mr A.
In June 2010 Pasifika arranged for Mr F to provide community engagement services to Mr A. Mr F spoke very limited English and no Hindi. Mr A and Mr F could only communicate by way of signs, gestures and simple English words. Mr F had not undertaken any disability focused training. Mr F was not suitably trained to provide support worker services to Mr A.
Mr F would pick Mr A up twice a week and take him to Mr F's home. Pasifika had a policy prohibiting support workers transporting clients in their own vehicles and requiring the presence of a second support worker. Mr F would transport Mr A in his own vehicle without the presence of a second support worker.
While at Mr F's home Mr A watched television for lengthy periods (Pasifika had a policy prohibiting clients being cared for in support workers' homes). Mr F did not closely supervise Mr A, for example on one occasion Mr F slept while Mr A watched television. Mr F left Mr A in his car while he went fishing. Mr F would engage in rough play with Mr A.
Pasifika failed to implement an appropriate community engagement care plan for Mr A, and failed to monitor the care provided by Mr F. For example, there was no individual programme planned for Mr A. Mr A was never assessed for suitability for the community engagement programme, and activities Mr A engaged in with Mr F were not recorded. Pasifika failed to ensure regular progress notes were made by Mr F for the care he provided of Mr A and failed to ensure Mr A's needs were being met. By doing so, Pasifika breached Right 4(1) of the Code for failing to provide services to Mr A with reasonable care and skill.
The Tribunal's full decision can be found at:
Last reviewed February 2019