Jonno and Dayton
Content Warning: These stories are about violence, abuse, neglect and exploitation and may include references to suicide or self-harming behaviours. They may contain graphic descriptions and strong language and may be distressing. Some narratives may be about First Nations people who have passed away. If you need support, please see Contact & support.
Jonno began experiencing symptoms of epilepsy as a young child and was diagnosed with a syndrome that causes developmental delay and significant degeneration over time.
Now a young man, Jonno has reached the stage where he needs ‘two-on-one 24/7’ support.
Shortly before Jonno turned 18 his parents reported one of his support workers for not doing her job properly, and she lost her position as a result. Sometime later she retaliated by reporting Dayton and his partner to the child safety agency.
‘[She] made up a whole pile of allegations ... Abusing our son, no support, no equipment, nothing in the house, not getting fed properly, no medical treatment and that.’
Her allegations triggered an investigation, which found them to be baseless.
‘They put in writing that both me and my partner were fit to look after our son, and they apologised, because they had to investigate when someone makes serious claims,’ Dayton said.
Jonno’s parents thought the episode was behind them and, when he turned 18, they applied to become his guardians.
‘[It’s a] standard thing,’ Dayton said, ‘that ‘everybody’s got to do.’
But they were shocked to find the sacked support worker had lodged a request for the public guardian to take over that responsibility for their son. They only discovered this when Jonno needed guardianship forms signed to receive medical attention at hospital. The support worker had made ‘the same false allegations’ she’d made previously.
Dayton and his partner thought the matter would be easily resolved through a tribunal process. They had the letter from the child safety investigation, medical reports and evidence from other support workers.
However the tribunal judge accepted the fired support worker’s story, deciding ‘she’s a professional person, so what she’s saying will be the truth’.
‘[The judge] already made her decision before we walked into the courtroom.’
The public guardian appointed a new service provider for Jonno’s care and moved him to a different home. His parents now have very limited access.
‘To get a visit was actually a nightmare,’ Dayton said.
They were initially permitted one short visit per week, now two.
‘They timed us to the minute … And that was two support workers standing right beside me and my partner.’
There is no flexibility in the arrangement. If the allocated time doesn’t suit, for work or other reasons, it’s too bad.
‘If you don’t like that, you go without,’ Dayton said.
Dayton and his partner went back to tribunal, seeking a review of the guardianship decision. Their supporting evidence was ignored again and the original decision upheld.
According to the public guardian, Jonno said he doesn’t want to see his parents. Dayton doesn’t know why this was given more weight than medical evidence he provided, which explained Jonno is non-verbal and cannot communicate.
Dayton has approached a solicitor to help them take next steps. The solicitor, who has other cases involving the public guardian, is not encouraging.
‘There’s no point,’ the lawyer told Dayton. ‘They’re a law to themselves, you won’t get anywhere.’
Disclaimer: This is the story of a person who shared their personal experience with the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability through a submission or private session. The names in this story are pseudonyms. The person who shared this experience was not a witness and their account is not evidence. They did not take an oath or affirmation before providing the story. Nothing in this story constitutes a finding of the Royal Commission. Any views expressed are those of the person who shared their experience, not of the Royal Commission.