Slow but steady, the legal challenge to Lyndoch rolls on

 

Carol Altmann – The Terrier

As promised, a quick update on the legal fight to bust down the walls around Lyndoch Living and allow the community to become members.

As we speak, a legal firm is now working on a brief for the barrister, which is the first step toward the barrister providing an opinion on how to proceed.

The barrister’s advice will consider the best way to frame a case against the Lyndoch board – both collectively and as individual board members – on whether they have failed in their duty to uphold the original spirit and purpose of Lyndoch.

As we know, the Lyndoch Living board last year rejected every single membership application from 115 lodged by people right across the local community.

Thanks to more than $12,000 raised via crowdfunding, we are now challenging that blanket rejection.

It is a slow and steady process, but the plan is to take Lyndoch Living to either the County or Supreme court.

I will be able to tell you more as the process unfolds.

You will also remember there is a second legal action underway: veterinarian Dr Michael McCluskey is challenging Lyndoch through VCAT, arguing the rejection of his membership application was discriminatory.

Dr McCluskey had his first mediation session via video link on 10 March and while the sessions are confidential, the mediation is continuing and Dr McCluskey is determined to press on.

“The mediation is still ongoing and if I am not happy with the outcome at the end of process, then I will be proceeding to a hearing at VCAT for them to decide on my claims,” he said.

In the meantime, Dr McCluskey has AGAIN applied to Lyndoch to become a member.

You got to hand it to Dr McCluskey; he stands by his belief that Lyndoch belongs to the community and is doing what he can to restore the community to its heart.

Lyndoch doesn’t seem to grasp the motivation behind this campaign.

The powers-that-be at Lyndoch angst over “the hidden agenda” and are fixated on trying to stop “The Terrier” from telling you what’s going on.

It won’t work.

Because this campaign is all about the residents and staff of Lyndoch: we will keep fighting for them, because Lyndoch was started 70 years ago, by the community, for the elderly and vulnerable people of Warrnambool.

They are no longer being cared for in the way they should be. I hear stories every day. You probably hear them too.

As it happens, Dr McCluskey’s elderly father receives some in-home services from Lyndoch Living as well as having a number of ex-Lyndoch staff who provide private carer services.

“I have found both the current and former staff to be lovely and very welcoming and friendly, which is in stark contrast to my experience with trying to become a member of Lyndoch Living,” he said.

Dr McCluskey said this only “further highlighted the importance of keeping Lyndoch Living membership open to the public so that the community can continue to play a vital role in the stewardship of the care of our aged and vulnerable citizens”.

As it sits, Lyndoch has no general members.

Hard to believe, but true.

But thanks to people like Dr McCluskey, Keep Lyndoch Living, the 115 people who applied for membership, all of those who threw $ in to the crowdfund, and the team now managing the legal challenge, the fight to keep Lyndoch a community asset rolls on.

Thanks for being a part of it.



Board silent as resignations within Lyndoch finance roll on

An architectural drawing of the planned $22 million medical clinic at Lyndoch Living that is raising red flags within its financial dept. Image: Marchese Partners.

Carol Altmann – The Terrier

I have learned that two staff – including a senior staff member – within the finance area of Lyndoch Living resigned today.

Another two resigned earlier this month.

In light of the legal precautions I must operate under when reporting on Lyndoch Living, you can make of that what you will.

But these resignations follow the former Acting Chief Financial Officer Allan Conway notifying the Lyndoch CEO Doreen Power of his serious concerns regarding the financial viability of a proposed $22 million medical clinic.

Mr Conway, who finished his 12-month contract in March, last night went public with those concerns.

Based on the information available to him, he does not support the medical clinic as proposed.

As a citizen, he holds fears for the future of Lyndoch Living.

And now the resignations from the inside keep coming.

When does this become a full blown crisis?

We have heard nothing from the board, who are chosen to represent the community that owns Lyndoch Living.

We have heard nothing from the chair, hairdresser and former Warrnambool City Councillor, Sue Cassidy.

We have heard nothing from the vice chair, the CEO of MPower Kerry Nelson.

We have heard nothing from the treasurer, Sinclair and Wilson accountant Kane Grant, who – surely – must be taking another, closer look at the numbers.

And we have heard nothing from any of the remaining five board members: Prof Rob Wallis, Andrew Paton, Ron Page, Suzanne Coulson and Lorraine Mielnik.

We have no independent members of Lyndoch who can speak on our behalf, as nobody outside of the board or Lyndoch has been accepted as a member in the past 18 months, and that includes our now Mayor Vicki Jellie AM.

In summary, the community has lost control of Lyndoch Living by stealth, aided and abetted by those who have blocked any involvement at every turn.

The consequences of that exclusion and obsequiousness are now, I fear, becoming clear.

I keep asking the questions in the public interest and below are the ones I sent last Friday lunchtime so the Lyndoch CEO and board knew what was going to be published Sunday night and had every opportunity to respond.

They have chosen not to.

In the face of this silence, I can only keep raising the alarm and hope that the community decides it has had enough and a group of community representatives demand the board hold an emergency meeting, with a full report back to the community they serve.

Email Friday 16 April, 1.25pm:

Dear Lyndoch Media Unit, Ms Power and board members,

I am writing to offer the opportunity for comment on the following matters for a piece I am preparing to publish this Sunday night.

I have received confirmation that the immediate former Chief Financial Officer of Lyndoch Living, Allan Conway, does not support the construction of the proposed Medical Clinic at Lyndoch Living and that Mr Conway has expressed his concerns directly to the CEO.

Further, in his capacity as a private resident of Warrnambool, Mr Conway has also expressed a broader concern over Lyndoch’s future viability.

Given the seriousness of a CFO raising such concerns and the governance responsibilities of Lyndoch Living, my questions to the CEO, to the board chair and to the board treasurer are as follows:

1. Has the CEO notified the board of Mr Conway’s concerns in writing?

2. Has the CEO notified the Department of Health and Human Services Victoria of Mr Conway’s concerns in writing?

3. Has Mr Conway been contacted by the CEO and the board in response to his concerns and to discuss them further?

4. What action/s does the CEO and board intend to take in response to Mr Conway’s concerns?

5. Given the limited surplus funds of Lyndoch Living, can the board outline where the funding is coming from for the $22 million Medical Clinic project?

6. Is the board comfortable with the level of risk associated with the Medical Clinic project?

7. Has a complete business plan been prepared and presented to the board for the Medical Clinic project?



Ex Lyndoch finance chief raises alarm over Lyndoch’s viability

The proposed $20-plus million medical clinic planned for Lyndoch Living has raised fears that it will send Lyndoch into deep financial trouble. Image: Marchese Partners.

Carol Altmann – The Terrier

The former Acting Chief Financial Officer of Lyndoch Living has gone public with serious concerns over its proposed $22 million medical clinic and broader concerns about Lyndoch’s viability.

Allan Conway, who was acting CFO from March last year until last month, has confirmed he formally raised a number of serious concerns about the medical clinic project to Lyndoch Chief Executive Officer Doreen Power in the final days of his contract.

He has heard nothing since.

It’s of enormous public interest when Lyndoch’s most senior finance officer waves a red flag about a major project that is due to start any day and which could potentially cripple Lyndoch.

It’s not known, however, if Ms Power has passed Mr Conway’s concerns in full to the board, or how the board has responded.

I contacted Mr Conway after hearing that he had raised alarm bells internally about the proposed medical clinic and asked that, if true, whether he could detail these same, specific concerns publicly.

A very cautious (but brave) Mr Conway was able to say the following:

He confirmed that, “from the information available to him, he had formally advised Lyndoch CEO Ms Power that he did not support the construction of the new medical centre as currently proposed”.

Mr Conway has had no contact from Ms Power or the board since his contract was completed in early March.

In his position as a former Acting CFO, Mr Conway did not wish to comment further.

But as a long-term local resident, a former corporate services manager and local business owner, he commented that he was “concerned for Lyndoch’s future viability”.

I contacted Ms Power, Lyndoch Living chair Sue Cassidy, vice-chair Kerry Nelson, Treasurer Kane Grant and all other board members last Friday with a number of questions in response to the red flags raised by Mr Conway, but have received no reply.

Those of you who have followed The Terrier’s reporting on Lyndoch Living will know that it is litigious and we all have to pick our way very carefully.

At the same time, Mr Conway’s bright red flag cannot pass without full scrutiny: we all owe it to our elderly and vulnerable, and those who care for them.

If Lyndoch gets this wrong, it could face financial ruin.

So the first question we must ask is how will the three-level clinic be funded?

Where is the $22 million coming from?

I originally thought a large slice could come from again dipping into the refundable deposits (RADs) paid by residents as they enter Lyndoch.

RADs were used to pay for the $15 million Swinton Wing expansion.

By law, however, RADs cannot be used for buildings that are not related directly to care for the residents.

The medical clinic will have no direct benefit to the residents of Lyndoch.

It’s a commercial, for-profit entity that, as a first priority, needs to cover its own costs.

Whatever is left over may, one day, trickle into Lyndoch itself.

So, to be super clear, every dollar of Lyndoch funds that goes toward building and paying off the clinic is one less dollar available to our parents and grandparents in Lyndoch, or toward hiring staff to care for them.

There is no public information about how the clinic will sustain itself and when it expects to make a return back to Lyndoch Living.

What we do know from Lyndoch’s 2020 Consolidated Financial Statements, however, is that Lyndoch has limited surplus funds, and there is no government funding for this project.

This leaves Lyndoch with very few funding options and leads to more questions:

To build this clinic, will Lyndoch rely on a large, commercial bank loan that leaves it exposed to interest rate hikes?

Will the clinic make enough money to cover these loan repayments?

Will Lyndoch also use entry fees from the Waterfront Living apartments?

Perhaps, but this money was to improve Lyndoch facilities for residents – not a new building for GPs, a dentist, a radiographer, chemist and a cafe.

Will Lyndoch be dipping into other reserves, such as money set aside for staff long service leave or holiday pay?

And, above all, has the board undertaken its own due diligence for this project and the return on investment to Lyndoch?

We need answers – urgently –  and someone needs to step up beyond this page to find them.

Mr Conway is unable to say much, but he has said enough to expose the risks of remaining silent.

One more question for me remains: is the board still the voice of the community or has it lost its voice altogether?

If the silence of the board continues in the face of Mr Conway’s revelations, we will have the answer.



Inquiry into aged care a chance to break the fear and silence

Lyndoch Living CEO Doreen Power cheering on from the stands during the 2019 May Racing Carnival. Image: Lyndoch Living/ Racing Victoria.

Carol Altmann – The Terrier

This week will be a reckoning for aged care across Australia and I can hope it blows the lid right off what is a national disgrace.

We only have to look at our own neck of the woods to see how little official outrage there is to what should be unacceptable.

It’s more than two months since The Terrier revealed an outbreak of scabies within Lyndoch Living, our much-loved, community-owned aged care home in Warrnambool.

When whistleblowers revealed scabies in a Whyalla nursing home last November, A Current Affair and a South Australian MP were on the doorstep demanding answers.

It’s also more than a year since I wrote about staff tearing up sheets and towels to use as facewashers, and more money being spent on consultants and lawyers than on food for residents.

More than a year has passed since I revealed a family member of a resident was sleeping on the floor next to her mother for seven days because her mother had had a series of falls and there was not enough staff to keep an eye on her.

At the same time, Lyndoch senior staff, right up to the CEO, and senior board members, were attending the May Races.

It’s also a year since a leaked copy of a staff survey revealed serious allegations of bullying and intimidation at Lyndoch that went right to the very top.

It’s well over a year since I first wrote about the steady stream of staff who were leaving Lyndoch, sometimes after decades of service, because of alleged bullying, being “targeted”, or given little option to resign and – if they are lucky – given a payout to sweeten the blow. I call it “keep quiet” money.

Is that sort of thing still happening? Yes.Yes, it is.

It’s eight months since we learned two architects from Melbourne were visiting Lyndoch Living despite the “ring of steel” Covid-19 lockdown in that city.

Lyndoch denied they were even from Melbourne.

It’s 18 months since we learned that the community was no longer welcome to become members of Lyndoch: every single membership application from the general community has been rejected, including that of our now Mayor Vicki Jellie.

Board member positions are no longer advertised.

The annual general meeting is no longer advertised.

Has there been an outcry from the board at this lack of inclusion? No.

Regardless, we have still unpicked the fact that Lyndoch has recorded a series of deficits these past five years and will borrow money from residential bonds (as the current laws allow it to do), to fund its $100 million masterplan.

We also recently learned, thanks to two former Lyndoch workers who peeled back the lid, that Lyndoch was gobbling up to 44 per cent in management fees for home care packages.(Again, the laws currently allow these fees.)

And this still doesn’t touch on what I haven’t been able to publish, because Lyndoch is litigious and I have to pick my way through a minefield to report even this much.

Our local political leaders know about most –  if not all – of the above. Some of them have even met personally with those directly affected.

And yet, perhaps despite the best of intentions, nothing has come of it.

That may change after this week.

This week will see the public release of the findings of the Royal Commission into Aged Care and the federal government’s initial responses.

The sad and infuriating story of what people are expected to “put up with” – as aged care residents, aged care staff, the residents families and the wider community – will be laid bare.

It will no doubt emphasise the need for better staffing ratios, better pay, better training and working conditions, better scrutiny of those in positions of responsibility, greater transparency around funding and fees, and why aged care residents should never been seen as “customers”.

But I also hope this inquiry exposes why so many people connected to aged care feel disempowered from speaking up and out about what they know, because they fear the repercussions.

I can tell you that fear and silence around Lyndoch Living is very real, even if not everyone is touched by it.

I know it, several GPs around Warrnambool know it, several lawyers around Warrnambool know it. Our local MPs know it. The families and friends of those directly affected know it.

The release of the Royal Commission findings is our chance as a whole community to speak up for those who can’t do so themselves.

This was the promise the community made to Lyndoch when it was first built more than 60 years ago: first and foremost it would protect and care for the elderly and frail, and those who look after them.

Now is the time to make good on that promise.

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Union action sees scabies outbreak confirmed at Lyndoch

Lyndoch Living has a confirmed outbreak of scabies in its Audrey Prider Centre.

Exclusive

Carol Altmann – The Terrier

I am technically taking a break, but some stories can’t wait until the new year, and this is one of them – a confirmed outbreak of scabies in the Audrey Prider Centre at Lyndoch Living.

What a Christmas gift to residents in APC, which is a high-care dementia wing and home to some of the most vulnerable people in Lyndoch aged care.

The scabies diagnosis confirms what Lyndoch nursing staff and some residents’ families have long suspected, with a nasty rash coming and going through APC for months and months.

Lyndoch management finally brought in skin specialist Dr Werner Sinclair on 5 December and he has since issued a formal diagnosis of scabies for at least two residents.

I understand that up to eight residents are now potentially affected by what is a highly contagious infestation.

But this diagnosis by Dr Sinclair didn’t just happen.

It followed an intervention by the Australian Nursing and Midwifery Federation on behalf of nursing staff who were sick to death of being fobbed off.

As reported by The Terrier, the union wrote a letter to Lyndoch on 27 November demanding answers on whether there had been any suspected or confirmed cases of scabies in APC in the past six months and, if so, what had been done about it.

Some of its members, the union wrote, had been “actively treated” for suspected scabies, as had some residents, but nursing staff were “of the view” that they were not to talk about it with residents’ families, or each other.

The ANMF was also told by its members that “minimal infection control measures” had been put in place.

If what the union says is correct, this is pure damage control, if not a cover up.

One thing is certain, and that is that it took the union to put a rocket up the backside of Lyndoch about this outbreak and to bring in the experts.

This begs the bigger and more important question of why?

Why must it take the intervention of a union to see the immediate welfare of residents and staff in Audrey Prider Centre shoot to the very top of Lyndoch’s priorities?

And if the union had not intervened, would the outbreak have ever been formally diagnosed and responded to? Or would the itch just go on?

The families of some of those infected are absolutely furious by what has unfolded.

Their stories are ones of confusion and misinformation.

One woman said she learned of her mother’s scabies via a phone call from Lyndoch last Monday – December 14 – by which time her family had been to visit her mother several times and been potentially exposed.

In another case, a family member of an APC resident who is being treated for scabies, has scabies.

While scabies is not deadly, it causes an intense, almost maddening itch from tiny, burrowing mites that get under the victim’s skin.

Treatment is via either oral medication or an external lotion applied all over the body.

According to a document sent to me, Lyndoch is using the services of an infection control consultant – Victorian Infection Prevention Services – to help manage its outbreak.

Bulk supplies of one lotion, Benzemul, have been brought it to protect APC nursing staff, who were urged to start applying the lotion to themselves as of last Monday, 14 December.

It’s understood residents are also being treated with a lotion.

To contain the outbreak, APC staff must also wear long sleeves and gloves when dealing with infected residents, wash their hands after every resident contact, and dispose of all used linen immediately into a laundry skip rather than carrying it.

Scabies, to put it bluntly, is a bastard of a thing to catch, and to contain.

And all of this comes to light as the Lyndoch Living executive gathers tonight for its Christmas break up. I hope they are having a good time, because those with the scabies are certainly not.

I emailed the Lyndoch CEO Doreen Power, chair Susan Cassidy, and the Lyndoch media unit at 11am this morning for comment. I will update this piece if any comment is provided.