The National Disability Insurance Scheme safeguards commission is investigating after a 21-year-old man with profound intellectual disability in Western Australia was able to leave supported accommodation and physically confront an 80-year-old neighbour.
Describing it as a "very difficult and sad matter," Perth magistrate Elaine Campione dismissed assault and damage charges against Ryan Croft, determining he was not fit to plead.
Disability advocates say the incident raises further issues about the capacity of the private market to provide care through the multi-million-dollar NDIS.
Mr Croft's family battled to find supported accommodation for their non-verbal son, who has severe behavioural issues.
Last year he was placed in a home run by private NDIS service provider Mirrors, where he was under the direct care of two workers.
The Perth Magistrates Court heard Mr Croft was "in a severe state of emotional dysregulation," on December 14, when he left the facility unexpectedly and entered 80-year-old Clare Williams's house.
Ms Williams said Mr Croft had meant her no harm, when he "lashed out", in front of care workers, striking her head and shoulders.
But she raised concerns about the adequacy of the workers' training.
"It's not the patients' fault; the care that they're subjected to is not nearly enough," she said.
She was anxious as to whether other patients with complex behavioural issues would be placed at the facility next to her house.
Mr Croft's father, Ed Croft said police were called, and his son spent five hours in a police van, and two nights at the watch house.
He said he warned the agency that modifications were needed at the facility.
"He assaulted an 80-year-old lady — he was meant to be kept safe," he said.
A NDIS Quality and Safeguards Commission spokesperson said it was working with the provider, Mirrors, after the incident.
"If the provider is found to have not met its obligations, then the commission will consider taking compliance and enforcement action."
The ABC approached Mirrors about the incident with Mr Croft and asked about workers' training and the security of the building.
The organisation said it was working with the NDIS, in regard to this matter.
"We respect the process that is underway, and therefore we’re allowing for that process to take its course, unhindered by further commentary."
Need for state-operated accommodation
Ryan Croft is now living in secure accommodation — but that care is provided directly by the Western Australian government, not through the federally funded NDIS.
This means despite a substantial funding package available through the NDIS, the state government is paying for and providing his care.
Mr Croft's father said the incident raised issues about systemic failure of the NDIS, where private operators were funded to care for the disabled.
His said workers employed by the state government were better equipped to look after his son — stating they had better working conditions.
Maxine Drake, a senior advocate at Developmental Disability WA, says the NDIS market can't always provide appropriate care in complex cases.
“Our community needs an option of last resort for people to go that is run by the state, that isn't reliant on organisations that have funding and business models that don't allow for them to put in place all of the protective strategies that are needed,” she said.
"We cannot have that delegated down to the marketplace."
Western Australian Disability Services Minister Don Punch said while he didn't want to comment on individual cases, he had raised concerns over the "transactional" nature of the NDIS with federal minister Bill Shorten.
He said he had raised the need for secure accommodation.
“It's occurring through the review process of the NDIS, to look at how we can put a more human face to the NDIS."
