Disabled man under care of NDIS provider, Valmar Support Services, chokes on toastie: Federal Court probe

An intellectually disabled man choked to death on a salami and cheese toastie while in the care of an NDIS provider that allegedly did not adhere to expert dietary advice, a court has heard.

An intellectually disabled man choked to death after his NDIS care provider allegedly disregarded expert instructions that he be fed only moist, soft, bite-sized food and gave him a salami and cheese toasted sandwich.

According to documents obtained from the Federal Court, the provider, Valmar Support Services, “terminated” a dietitian who had prepared the man’s eating and drinking plan and did not replace her — despite requests by the man’s guardian.

Instead a Valmar employee with no relevant qualifications created a “meal and snack management plan” which he put on the care home fridge but it allegedly “failed to record that his food must be soft, cut into bite-sized pieces and moist”.

Another Valmar worker later fed the man a salami and cheese toasted sandwich and the man allegedly choked on the food and died.

He was 47.

Valmar says it shares the grief of Mr H’s family Picture: Valmar’s Facebook page

Tumut-based Valmar, which is a not-for-profit, is now facing civil action brought by the NDIS Quality and Safeguards Commission in what is believed to be only the third case of its type in Australia. The Commission does not have powers to bring criminal proceedings.

The civil case was filed in the Federal Court in Sydney last month. The man, identified only as “Mr H”, died in May 2020 in a Valmar care home in the ACT. In addition to having an intellectual disability, Mr H was non-verbal, had autism and Prader-Willi syndrome, which is characterised by a constant craving for food.

The eating and drinking plan prepared by the dietitian said he could not chew and was at risk of choking if his food was not cut into small pieces and moistened.

The NDIS Quality and Safeguards Commission is seeking declarations by the court that Valmar breached two sections of the National Disability Insurance Scheme Act and an order that Valmar pay penalties to the Commonwealth.

In June this year, an NDIS service provider was fined $400,000 after a woman in care drowned in a bath.

In a statement to The Telegraph, NDIS Quality and Safeguards Commissioner Tracy Mackey said care providers had “clear obligations (and) failures, like those alleged by the NDIS Commission in these proceedings are unacceptable, and require the strongest regulatory response.”

Tracy Mackey is the NDIS Quality and Safeguards Commissioner. Photo: Supplied

Valmar is yet to file a defence to the accusations, but in a statement to The Telegraph, the care provider said it “shares the grief of the family, clients and staff affected.

“We conducted a full internal investigation of the matter to ensure nothing like this ever happens again at Valmar.”

Valmar said it had “fully co-operated with the NDIS Quality and Safeguards Commission, ACT Police and the ACT Coroner as they conducted investigations of their own.”

An ACT Police spokesman said it “investigated the matter and determined no criminal offences were applicable” while the Coroners Court said “certificate findings were made on 26 June 2020, which confirmed (Mr H) had died as a result of choking on food in the context of suffering from Prader-Willi syndrome.”

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