Yaraandoo aged care resident Brian Halpin wins court case over guardianship

An aged care resident who recently blew the whistle on poor conditions at a Tasmanian aged care facility has won a court battle to retain his independence to keep fighting for residents. LATEST >>

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An aged care resident who last month spoke out about conditions at Yaraandoo Residential Aged Care Facility in Somerset has won a court battle to retain his independence.

Southern Cross Care went to court in Burnie in a bid to become guardian over resident Brain Halpin.

The 73-year-old said he fought that move because he wants to continue to be the mouthpiece for residents who do not have a voice.

Mr Halpin asked the court to appoint his daughter his guardian instead.

But on Monday, the court decided Mr Halpin did not need a guardian at all.

“What it means is I can do what I bloody well like,” Mr Halpin said.

“I now have a purpose in life - to represent the concerns and rights of the residents of this home - 60 per cent of whom cannot speak up for themselves.”

Last month, Mr Halpin and the HACSU raised concerns about conditions at the home.

Mr Halpin has lived there for six years.

He said staff – who were often in tears because they could not provide the care they wanted to – did a fantastic job under the circumstances.

“I told them that we’ve run out of options to protect ourselves,” Mr Halpin said.

“Bells are going unanswered and residents are being left in bed until lunchtime because they cut hours and refuse to roster enough staff on.”

The Health and Community Services Union said it had heard reports that because of chronic short-staffing, some residents are being left in incontinence pads for hours and chronic dehydration had become a widespread issue.

Mr Halpin has organised monthly meetings where residents can raise concerns.Southern Cross Care Tasmania did not want to comment on the court proceedings.

Last month it said it was aware of concerns by a small number of residents at the Yaraandoo Residential Aged Care Facility.

“Over the last few years the local management team, our valued workers and the organisation’s executive have worked very hard to improve the facility to the extent that the Aged Care Quality and Safety Commission accredited Yaraandoo at their latest review in May 2021 under the current staffing arrangements,” it said.

“Southern Cross Care Tasmania rejects outright any claims that residents are receiving inadequate care. Those claims are simply untrue.”

Petition circulated to retain Southern Cross Care CEO after fresh neglect claims

July 25, 2021: 

IN the wake of denying fresh neglect claims at a Tasmanian nursing home, a petition in support of its CEO has been circulated to staff and residents who were allegedly “pressured” to sign.

But the petition, started by some of Southern Cross Care’s staff in response to calls for the CEO to resign, was withdrawn on Saturday.

The revelation comes just days after Somerset’s Yaraandoo Hostel, run by Southern Cross Care, once again came under the spotlight, with a resident claiming dire staff shortages meant “bells are going unanswered and residents are being left in bed until lunchtime”.

“We the undersigned wish to express our support for CEO Robyn Boyd, and our wish to retain Robyn Boyd in the position of CEO at Southern Cross Care (Tas) Inc,” the petition stated.

A petition was circulated, but then withdrawn, after fresh neglect claims were aired about Somerset’s Yaraandoo Hostel.

HACSU state secretary Tim Jacobson said he had been told the petition was started by the executive team, with management given the responsibility of circulating it “and encouraging as many residents and staff to sign it as possible”.

“We also got word a lot of residents and staff had refused to sign it and management had been uncomfortable to circulate it,” he said.

“We’ve had a number of emails from members and residents’ families as well. One in particular was horrified at the circumstances.”

Mr Jacobson described the scenario as “extraordinary”.

“It’s the only word that I can find, in the midst of everything that is going on, that such a bold and blatant attempt would be made to undermine the residents who have come out rightly to express their own concerns,” he said.

HACSU state secretary Tim Jacobson.

Chair of the board of Southern Cross Care Tasmania, Stephen Shirley, said while he agreed with the sentiment of the petition, he had asked the staff members behind the petition to “take it down”.

“I became aware of staff circulating a petition in support of our CEO, Robyn Boyd, following calls from HACSU that she should resign,” he said.

“The board fully supports Robyn as CEO and we are gratified by the support staff have shown her during this unwarranted call for her resignation. However, while I agree with the sentiments of the petition, it is not helpful while we are in the middle of a negotiation for a new EBA with the union.”

Also on Saturday, following the allegations, Yaraandoo was attended by the Aged Care Quality and Safety Commission in an unannounced visit.

Mr Shirley said Southern Cross Care welcomed the visit and was “confident that, like recent past visits, the high quality of care provided to residents will be demonstrated”.

The organisation last week “rejected outright” any claims that residents were receiving inadequate care.

Yaraandoo was sanctioned by the Australian Aged Care Quality Agency in November 2018 after failing to meet 18 of 44 required standards of care.

It was also a case study at hearings for the Royal Commission into Aged Care Quality and Safety.

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Aged care residents ‘left thirsty’ in their beds

A TASMANIAN aged care facility run by Southern Cross Care is back under the spotlight after new neglect complaints by unions, residents and their families.

In September last year, the SCC Yaraandoo Hostel was one of two Tasmanian aged care facilities which the royal commission inquiry said had placed “budgetary outcomes” above resident safety and wellbeing.

Former Yaraandoo resident Brian Harvey, who died in August 2019, wrote in a submission he was often left on a mobile toilet for up to 90 minutes.

“When neglected like that, I feel I have been dehumanised, left as a carcass in an aged care abattoir ready to be processed like a slab of meat in a sausage processing factory,” Mr Harvey said.

Brian Halpin at the Yaraandoo aged care facility.

Now another resident has come forward talking of neglect due to understaffing.

“I’ve got my marbles but 60 per cent of residents do not so I am doing this for them,” Brian Halpin said at the home on Wednesday.

The 73-year-old has been in the home for six years.

He said the staff – who were often in tears because they could not provide the care they wanted to – did a fantastic job under the circumstances.

“I told them that we’ve run out of options to protect ourselves,” Mr Halpin said.

“Bells are going unanswered and residents are being left in bed until lunchtime because they cut hours and refuse to roster enough staff on.”

The Health and Community Services Union said it had heard reports that due to chronic short-staffing, some residents are being left in incontinence pads for hours on end and chronic dehydration had become a widespread issue.

Southern Cross Care Tasmania said it “rejected outright” any claims that residents were receiving inadequate care.

“Those claims are simply untrue. If residents or their families have concerns about the care they are receiving, they should raise those concerns with management and those concerns will be addressed,” SCC Tasmania said.

The union said hundreds of work hours had been slashed from rosters, leaving care staff spending hours daily delivering water in a bid to maintain residents’ hydration rather than delivering hands-on care.

SCC Yaraandoo Hostel.

Residents have met privately with the Minister of Aged Care Services Richard Colbeck and Braddon MP Gavin Pearce.

HACSU has previously called on Southern Cross Care to stop the cuts to working hours and

wrote to the Aged Care Quality and Safety Regulator seeking their intervention.

“Yaraandoo is the most-sanctioned facility in Tasmania and is subject to extensive Royal Commission hearings – residents need more, not less staff,” HACSU State Secretary Tim Jacobson said.

Aged Care Services Minister Richard Colbeck said he had recently met with management and staff at Yaraandoo, including the chief executive of Southern Cross Care.

Senator Colbeck said the federal government continued to monitor conditions at the site, with an unannounced assessment visit conducted in May with no issues of non-compliance identifed.

The Aged Care Quality and Safety Commission accredited Yaraandoo at its latest review in May under the current staffing arrangements.

A new manager started on July 19 and is working at the site full time.

Originally published as Yaraandoo aged care resident Brian Halpin wins court case over guardianship