The death of a 26-year-old South Australian woman who lived in her own home with significant disabilities has disability advocates calling for an independent inquiry into the tragic circumstances surrounding the criminal neglect case.
Key points
Paramedics were called to Tegan’s home, which she shared with her mother, after she suffered a fall and could not be safely picked up from the floor and moved back into her chair.
While she initially went to the local Port Augusta Hospital in a serious condition, her health continued to deteriorate. She was flown to the Royal Adelaide Hospital for advanced care, where she died on Monday.
Major Crime officer-in-charge Detective Superintendent Des Bray said Tegan required ongoing care and would have been eligible for NDIS, however, there was no evidence of a care plan.
“Her physical and intellectual disabilities are such that she needs health care for the duration of her life,” he said.
“Mum lives with her daughter and obviously supports her but there may be other people who had a role in providing care or should have been providing care. So we won’t jump to conclusions as to who is solely criminally liable.
“There’s significant indicators present in the investigation at this stage of criminal neglect but it’s unclear at this stage that criminal neglect caused the death or whether the death was caused by serious underlying health issues.”
NDIS Minister Bill Shorten confirmed that an expression of interest had been made in 2017 for Tegan but after an initial response by the NDIS, there was no follow-up from her family or carers.
“I don’t know what the system was in 2017. We do follow up and we do go back to people but at the end of the day if someone doesn’t want to persist with an application, you’re not going to make them,” Mr Shorten said.
“It’s not compulsory to be on the NDIS.”
There is no evidence of Tegan being a client of the Department of Human Services, either, meaning she was not receiving any government financial support.
After being found in conditions described as ‘squalid’ and with wounds and sores across her body, disability advocates are urging for an independent inquiry alongside the criminal case SA Police will conduct.
Social profit organisation JFA Purple Orange said it was deeply saddened by Tegan’s death, stating no one should suffer neglect or live in unsafe conditions.
“While only a full investigation can establish all the facts about what occurred, Tegan’s death demonstrates the significant gaps that continue to exist in how South Australians with disability are supported and safeguarded in our communities,” it said via a statement.
“The South Australian Government should invest sufficient resources into safeguarding mechanisms, including urgently providing funding for state-wide independent individual, representative, and systemic disability advocacy services as every other state already does.
“Without impeding the police investigation, we also believe an independent inquiry should be established immediately to review all interactions Tegan, her family, and others involved in her care had with Federal and State agencies and services.”
Parallels have been drawn between this case and the death of Ann-Marie Smith in 2020.
People With Disability Australia deputy CEO Megan Spindler-Smith told ABC the case also highlights how important it is to look after people outside of the NDIS.
“We’ve heard so many of these harrowing accounts that there needs to be active change because this should not still be happening after all the work that has been done,” she said.
“We know that sometimes people slipped through the cracks and then you end up with these very tragic and horrifying consequences.
“When we’re talking about safeguarding we have to acknowledge that those who do not have access to the NDIS are very much reliant on family and friends to do the reporting but then they can also be the perpetrators.”
Ms Spindler-Smith said an independent referral pathway to report abuse would help, but it must be co-designed with people with disability to ensure it’s effective.
“Until that occurs in every state and territory under legislation with independent bodies to oversee it … we’re always going to have the limitations and the lack of oversight and inflexibility when you’ve got people on multiple systems.”
