Steve, Rebekah and Val

Four years ago, without warning, Steve didn’t return home from his regular day program. Val, Steve’s guardian, was frantic. After about four hours she discovered a government case worker had taken Steve to live in a home an hour’s drive away.

Steve, in his early 30s, has a cognitive disability, obsessive-compulsive disorder and schizophrenia. Rebekah is Steve’s advocate. She told the Royal Commission, ‘[Val] was deeply distressed because she realised how frightened and upset [Steve] would be at not going home.’

Steve had come to live with Val when he was a boy and thinks of her as his mother. Val taught him how to care for himself and interact with others. He went to school and was part of the community. He swam regularly, sang in a choir and played sport at state and national levels. Val helped Steve save to cover the costs of competition – he had thousands of dollars in his account.

Rebekah said Val was getting older and realised Steve would need to transition to independent supported living. She included the public guardian as a joint guardian and every few weeks Steve stayed overnight at a residential care facility. Val was not expecting the public guardian to remove him so suddenly, with no consultation or notice. She was so distraught she was hospitalised.

Steve too was in shock. ‘He was totally bewildered and grieving for [Val].’ The public guardian removed him from his social network, his swimming and sporting groups. ‘Anything, or anyone that was familiar to him,’ Rebekah said.

Val phoned Steve at the home every night to settle him. If he was too distressed the support workers would ring Val, sometimes late at night, and ask her to come ‘to try and settle him down,’ Rebekah said.

One time he was so distraught the support workers took him to hospital ‘with his wrists handcuffed’. Rebekah said Val ‘was horrified to see this young man, who in her home was gentle and responsive, had been handcuffed feet and wrists, and had two armed guards standing over him’.

Val gently told Steve to stop struggling and sit quietly and behave himself, which he did.

At the home, Steve’s health suffered. He rarely ate fruit or vegetables and was constipated. He slept on a mattress on the floor. He repeatedly said he wanted to go home but was ignored.

When support workers told Val there was no money left in Steve’s account, Rebekah contacted the public guardian and threatened to go to the media unless something was done immediately.

The guardian relocated Steve to a house closer to Val and his community supports. ‘This was a great relief,’ Rebekah said.

However, Steve’s mental health continued to deteriorate and he began to self-harm. Support workers said they couldn’t stop him. His personal hygiene, oral health and appearance declined. Support workers insisted they couldn’t force him to clean his teeth. Rebekah said he was being restrained with medication. His exercise regime ceased and his social life was restricted.

Val asked if she could be involved in his care, but this was refused.

Initially Steve was able to have dinner at Val’s home one night a week but this was stopped. He wasn’t allowed to spend Christmas or Easter at her home.

Rebekah complained repeatedly to various authorities and eventually there was an administrative tribunal hearing. The tribunal found Steve’s removal was unlawful and the restrictions placed on his movements were also unlawful.

‘Not only was [Steve] removed, but he has been denied his liberty for four years,’ Rebekah said.

‘There has been constant negligence in the way [Steve]’s “care” has been undertaken, and an almost total lack of accountability by the government and those entrusted with his care.’