Disability Royal Commission slams Department of Human Services over failed investigations

The disability Royal Commission has slammed SA’s Department for Human Services over internal investigations it carried out into shocking complaints.

South Australia’s Department of Human Services’ response to an anonymous letter that outlined threats to harm to a disabled man by his carers has been slammed by the disability Royal Commission.

In a series of damning findings, it found DHS did not take the letter seriously, failed to discharge its responsibilities to find the source of the letter and two belated internal investigations were deficient, not thorough or competently conducted.

The Royal Commission, which sat in Adelaide for five days last year and examined three cases, also criticised DHS over its response to injuries suffered by another man in its care, stating its investigation was “at best cursory and did not constitute a serious attempt to determine’’ either their cause or who was responsible.

The three cases involved two intellectually disabled men – “Mitchell” and a Daniel Rogers – and the death of disabled woman Annie Smith. It delivered findings in connection with the first two cases, but not examine the cause of Ms Smith’s death because of ongoing criminal investigations at the time relating to her death.

Injuries to Daniel Rogers’ torso, in a photo supplied by his mother Karen, who gave evidence at the Disability Royal Commission.

The first case involved a man called “Mitchell’’ who was subject to threats to his safety after his guardians complained about an intercom with video capacity being installed in his room without their permission.

His guardians received the threatening letter after the site manager of the house he resided in was removed following their complaint and subsequent apology from DHA over the invasion of Mitchell’s privacy.

The letter detailed how staff were “angry and pissed off which now puts your nephew at risk’’ and described 10 methods by which Mitchell may be harmed.

“This little piglet is going to be abused with cruelty violence … regularly and repeatedly,’’ it stated.

Assignment Freelance Picture Disability royal commission on May 18, 2022

Although Mitchell’s guardians reported the letter to DHS on March 3 2018, no formal investigation was launched until April 20. The findings state that investigation interviewed only nine staff “mostly by telephone’’ and did not “systematically review or check rosters, incident report registers or other available electronic records for evidence’’ of who may have been involved in the letter.

Almost a year later the Ombudsman launched a second investigation into the letter, which also found the first investigation had been inadequate and recommended a second investigation be conducted. It also failed to find those responsible for the letter.

Astonishingly, the Royal Commission also found the second investigation conducted by DHS was also “deficient’’ and “not carried out in a thorough or satisfactory manner.’’

DHS Chief Executive Lois Boswell said the report would be reviewed and full consideration given to its findings.

“The Department has made significant reforms and improvements to its disability services in recent years, including introducing a Zero Tolerance to Abuse and Neglect Strategy as part of a new Practice, Quality and Safeguarding Framework,’’ she said.

“As the report notes, the Department has already responded and acted on proposed recommendations following the public hearings. The Department is also continuing to improve our investigation processes.

“The report notes the important role of the Community Visitor Scheme in providing independent oversight and advocacy in disability services. The recent State Budget allocated an additional $450,000 per year to the Community Visitor Scheme to ensure the safety, wellbeing and quality of life for South Australians living with disability.’’