Threat of cruelty and violence against disability resident not investigated for three years

Threat of cruelty and violence against disability resident not investigated for three years

A South Australian family, represented by O’Brien Criminal & Civil Solicitors, has told the Disability Royal Commission of a threatening letter received by a disability client.

The anonymous letter warned that their nephew, the client, would be “abused with cruelty, violence, regularly and repeatedly” and might be poisoned or drowned at this accommodation.

Disability Royal Commission investigating complaints

Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability

The Disability Royal Commission is sitting this week in Adelaide, listening to stories of violence, abuse, neglect, and exploitation.

On Monday, the Royal Commission heard that authorities failed to properly investigate the threats against Mitchell, a 38-year-old man who lives with an intellectual disability.

Mitchell resides in supported accommodation that is operated by the Department of Human Services.

On 3 March 2018, someone sent a letter to the home address of Mitchell’s family, making a series of threats against Mitchell.

The letter read:

“Food… poison. Medication… wrong. Shampoo… what’s in the bottle? Acid. Bruises… how did that happen? …

“Going out… falling down stairs. How well does he swim? Locked up? Food withheld. Going through the windscreen… seatbelt unclipped.

“This little piglet is going to be abused with cruelty, violence, regularly and repeatedly.”

Mitchell’s family raised the letter with the department and also filed a police report.

The family stated that the letter shocked them.

‘We all agreed that none of us felt that it was his core team of support workers that would do such a thing and we felt that because of that … we could actually stay calm, work through this, while investigations were taking place.”

Department did not investigate the threats

As time passed, the family began to fear that there was no appropriate investigation of the matter happening.

SA’s principal community visitor, Maurice Corcoran, told the couple in October he had met with a key department official who “confirmed that his unit did not investigate nor interview staff regarding the threatening letter”.

“So I remain concerned that this was never properly investigated by either the police or the [department] and I have stated this in my annual report, which will be tabled in parliament this coming Thursday,” Corcoran wrote.

The family told the Royal Commission they felt let down by authorities.

“We felt that any organisation that was worth its salt would take a letter like this and look inwardly at its culture,” James said. “What sort of culture was breeding this, that somebody felt at liberty to send this to somebody’s house? Those people knew where we lived, they knew where our children lived.”

In March, the Department re-opened the investigation. When they concluded the investigation there was no identification of the author.

The family told the inquiry that this was the first correspondence they had received from the department. However, this more than three years after they got the threats against Mitchell.

Victoria became emotional as she spoke of how the fear they had for their nephew’s safety had been an “extremely heavy burden”.

“I am so pleased that I can now today release this burden from me because it genuinely has been so difficult to hold on to it,” she said.

Departmental representatives will appear at the hearing this week.

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O’Brien Criminal & Civil Solicitors
p: 02 9261 4281
a: Level 4, 219-223 Castlereagh St,
Sydney NSW 2000

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