A woman’s rights under the Health and Disability Services Consumer Rights Code (the Code) were breached by a support worker when he provoked her, retaliated by spitting on her, failed to intervene when she self-harmed and verbally abused her. said Deputy Health and Disability Commissioner Rose Wall in a decision published today.

The woman lived in a residential disability care setting and had multiple complex social and mental health disorders that could manifest in challenging behaviors and actions. Interactions between her and the support worker at the center of the investigation, where the support worker could be heard verbally abusing her and spitting at her, were video recorded.

A complaint was lodged with HDC regarding the recording of the woman without her consent; However, the content of these recordings was of sufficient concern for Ms Wall to undertake an investigation initiated by the Commissioner (CII).

I consider this complaint to be important as it raises concerns about a long-standing support worker’s verbal abuse of a vulnerable dually disabled consumer with challenging behavior in residential care. “The complaint may never have come to the attention of this office if it had not come to light in another investigation into the complaint,” Ms. Wall said.

Wall said it was clear the support worker had provoked and insulted the woman, which amounted to serious disrespect, and had failed to intervene when the woman was self-harming.

“There were many options available for (Mr. B) to intervene, including talking to (Ms. A), employing de-escalation techniques he had learned in Nonviolent Crisis Intervention training, and/or asking for help. No attempted any of these actions or any other type of intervention.

“I am critical and shocked when I watch and listen to the videos, and believe that (Mr B) behaved completely inappropriately towards Mrs (Mrs A). Under no circumstances is it acceptable for a community support worker to behave in this way.” manner”.

Ms Wall concluded that the man failed to treat the woman with respect, breaching right 1(1) of the Code, and failed to treat the woman with dignity, breaching right 3.

Ms Wall recommended Mr B formally apologize to the woman and re-familiarise himself with the Code. Although (Mr B) no longer works in a residential care setting, should Mr B find employment as a support worker, she recommended that he ask his future employer to provide him with training on how to treat to consumers with respect and dignity and how to manage relationships. Communicate with people who display challenging behavior.
Evidence of these actions must be provided to the HDC.