Commission claims provider’s litany of alleged failures left the safety of Merna Aprem – who had autism and epilepsy – at ‘real and significant risk’
Two and a half years after Merna Aprem was found drowned in the bath of her NDIS funded care home in Sydney, the industry watchdog has announced a historic lawsuit accusing the provider of a litany of failures.
The lawsuit is the first of its kind from the Quality and Safeguards Commission, which formed as part of the National Disability Insurance Scheme in July 2018.
Aprem – who had epilepsy and autism – had only moved into Woodbine residential home two months before she was found face down and surrounded by vomit in the bath on 23 May 2019.
Following “extensive” investigations, the federal agency on Monday announced it is suing the Australian Foundation for Disability (Afford), which ran the home, over Aprem’s “tragic” death.
In a statement of claim filed in the federal court, the commission alleges the company failed in its obligations to support Aprem in a safe and competent manner, with care and skill.
That left the 20-year-old’s safety at “real and significant risk”.
“The commissioner further contends that Ms Aprem’s death may have been caused or contributed to thereby,” it reads.
On the evening of Aprem’s death, two support workers were at the home, according to the claim tendered to the court.
The documents said neither had worked there before, and neither had the benefit of a “buddy shift” with more experienced staff to prepare them for taking care of the home’s four residents.
Neither were aware that Aprem suffered from epilepsy.
Court documents also allege she was left alone in the bath that evening, with the door ajar. But when one of the women returned to check on her, the door was locked and Aprem wasn’t responding.
The pair broke into the bathroom, using a kitchen knife to unscrew the handle, finding Aprem unconscious and her mouth and nose submerged, court documents say.
Paramedics – who were only called more than 20 minutes after the carer found the door locked – were unable to revive Aprem and she died at the scene.
Notably, of three documents the home was required to have outlining Aprem’s needs, one didn’t exist and the other two were incomplete, the commission claims.
Among other omissions listed in court documents, a section of Aprem’s incomplete epilepsy management plan requiring the identification of strategies to manage the risk of bathing or showering was left blank.
The commission alleges Afford failed to ensure Aprem’s diagnoses and support needs were adequately documented in client records or ensure that the support workers were made aware them.
It also failed to implement measures to protect Aprem whilst bathing, including ensuring staff had access to her bathroom.
NDIS providers have very clear obligations, acting NDIS commissioner Samantha Taylor said, and providers who don’t meet them will be weeded out by the commission.
“Failures, like those alleged by the NDIS commission in these proceedings, will not be tolerated,” she said.