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.

Carol Altmann – The Terrier

On Friday, I deposited all the $$$ we raised to mount a legal challenge against the Lyndoch Living board into a trust account. Now, we wait.

And while we wait for the barrister’s opinion, let’s remember why this legal challenge is even necessary.

It’s necessary because, after seven decades of needing the community to survive, the seven remaining members of the Lyndoch board have decided to disconnect Lyndoch from the community, without consultation or explanation.

These seven people have become gatekeepers and, in my view, enablers.

They are not the only ones. There is a band of hand-selected enablers across Lyndoch now: carefully chosen for their willingness to oblige without question in return for…what? A salary? A promised career path? A certificate of appreciation?

Those who wouldn’t oblige, or who spoke up, or challenged, or simply decided they had had enough, are either going ….or gone. There was actually a hit list of those Lyndoch wanted out. They are all gone.

And as I write this tonight, yet another clinical leader has left.

And as I write this, I come to the end of another week where the distressing messages just keep coming in about staff shortages, care workers covering for nurses, nurses being run ragged, staff working double-shifts, being exhausted, and almost spent.

I would normally show you a screenshot of the staff shortages, but now Lyndoch is so paranoid about who is “leaking to The Terrier” (aka, letting the truth out) that staff fear text messages from Lyndoch will contain clues to try and trace them.

Staff also know – even if they no longer work at Lyndoch – that Lyndoch is watching closely to see if they comment or like a Terrier post.

The intimidation doesn’t end, it seems, even if you no longer work there.

So I will instead tell you that yesterday, 26 February, Lyndoch sent out a text saying it was, once again, “desperately in need of staff” in the dementia (Audrey Prider) and high care (Lake Lodge) wings.

In Audrey Prider, the high-care dementia wing, the shortages included four staff on two shifts, from 7am to 3.30pm and from 1.30pm til 10pm.

Audrey Prider has 45 beds and, during the day, should typically have nine staff: 1 Registered Nurse, 6 enrolled nurses and 2 care workers.

If you remove four staff from that equation, resident care suffers. Many, I am told, have to spend the day in bed as there is just not enough staff to go around.

And yet amid all of this desperation and exhaustion, we hear nothing from Lyndoch and nothing from the board.

So this, this is just one of the reasons that we are fighting back for our voice to be heard at the table. Not as board members, but as general members – from the community – who are prepared to stand up for our elderly and those who care for them.

I know for a fact the staff are reading these posts. We are here for you. We are fighting for you. And we are not giving up. #pressingon

Carol Altmann – The Terrier

This time last week, this page pushed a boat from the shore in the hope of raising $5000 to fund a court challenge against the Lyndoch Living board.

Not only did we meet that goal within two hours – we have more than doubled it.

Online and offline donations now sit at $10,570 (the fundraiser closes at midnight tonight).

Thankyou.

Thankyou to every single person who donated whatever they could afford to help.

Some people donated five or ten dollars, some donated two hundred or five hundred, but every person donated with the same sense of purpose: to bring the community back to the heart of Lyndoch.

Every cent of this Lyndoch fighting fund will go toward that goal.

The funds will shortly be transferred to a trust account with a legal firm and will be used to secure a barrister who is the best in this field of law.

The barrister will provide an expert legal opinion on whether the current Lyndoch board – collectively and individually – have failed in their duty to uphold the original spirit and purpose of Lyndoch aged care, which was started by the community more than 60 years ago.

This failure includes the rejection of all general membership applications these past two years.

It’s a challenge that, we believe, will result in a hearing in either the County or Supreme Court, and this is the first step.

We have been fighting this battle for accountability and transparency for more than two years, in fact it is almost two years to the day since a group of concerned people met with local federal MP Dan Tehan to express their serious concerns about Lyndoch.

Those concerns, in the past 12 months, have only escalated.

But now the community has spoken.

It is no longer waiting for the cavalry to arrive.

It IS the cavalry.

I will keep you informed every step of the way as this challenge unfolds but for tonight, I want to say thankyou.

Thankyou to every person who has had the courage to stand up for Lyndoch and to not simply sit back, stay silent, and watch.

And thankyou to everyone who has helped this terrier to keep fighting.

On we go.

[The fighting fund will remain open until midnight. You can find it here. If you would prefer direct deposit, please email me at TerrierCarol@protonmail.com]

Carol Altmann – The Terrier

Tonight we are launching a Go Fund Me campaign on behalf of the Warrnambool community as the first step toward taking Lyndoch Living to court.

It’s time for action.

A group of community philanthropists has been working on this legal challenge for some time and have now reached the point where a barrister can be engaged.

The crowdfunding will pay for expert advice from a barrister who is the Australian specialist in this field of the law.

The 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.

This failure includes the rejection of all general membership applications by the community these past two years.

It’s time for action.

This is the first step in a legal process that will probably take place in either the County Court or the Supreme Court.

We have been ignored, silenced, pressed down, rejected and dismissed by the board for more than two years.

Enough.

We are now moving, as a community, to hold the Lyndoch board to account.

To take the first step, we need to raise $5000.

This is the equivalent of 100 people donating $50, or 1000 people donating $5 each.

Chip in what you can afford.

It reminds me of the days of buying a raffle ticket to support Lyndoch – except this time the prize is not a car, but Lyndoch itself: keeping Lyndoch a community asset, fully accountable to the community it serves.

A professional legal opinion from the best in the field is the first step.

We have already explored the next step: receiving pro bono (free of charge) support to run the case in court. We have received some very positive responses.

Now is the time for action.

Let’s go.

Click here to chip in – you can be anonymous: [https://gofund.me/170a6e8b]

[If you prefer an offline method to chip in, please contact me via DM or at Terriercarol@protonmail.com]

Carol Altmann – The Terrier

An update: Warrnambool vet Dr Michael McCluskey is marching on with his VCAT challenge against Lyndoch Living and its flat rejection of members from the wider community.

He now has a date.

Following VCAT’s acceptance of Dr McCluskey’s case late last year, a mediation hearing date has now been set for a videoconference on 10 March.

Dr McCluskey is testing whether Lyndoch Living has broken anti-discrimination laws by refusing to accept his membership application on the basis of his name and gender.

He is not the only one.

I – and one other  – also lodged a complaint with VCAT on these same grounds and, just an hour ago, had an email to say the case had been accepted and a mediation hearing will be scheduled in the near future.

Mediation is the first step in the VCAT process.

As we know, the Lyndoch Living membership application form allows only for a name and address.

On this basis – a name and an address – the Lyndoch board has rejected more than 130 applications for membership over the past two years.

As a result, Lyndoch has no general members.

Along the way, it has also failed to explain why it has rejected every application, including those from health professional and academic Prof James Dunbar, Order of Australia recipient Vicki Jellie, senior South West Health care nurse Kate Sloan, former aged care director Janet Dunn and experienced local business people, such as Marie Bird.

A bucket load of applications was also received from everyday people across the community – like me – who care about the future of Lyndoch, which has been a community asset for more than 60 years.

We are not letting go of our input into a much-loved community asset that easily.

Dr McCluskey said he was extremely pleased VCAT had accepted his application.

“Allowing a broad based community representation amongst Lyndoch Living’s membership is of utmost importance in my opinion if we are to see optimal outcomes for the vulnerable and those most at need amongst us,” he said.

Dr McCluskey said he could speak from personal experience about the importance of maintaining a thriving, community-based aged care home, as he was also a carer.

“We are currently providing 24/7 in home care for an elderly family member and that experience has heightened my awareness as to how crucial it is that we have community based aged care centres operating as caring and effectively as possible.”

Aside from his VCAT challenge, Dr McCluskey is preparing to try again with his membership application for Lyndoch.

He hoped the appointment of local consultant Robert Lane to review Lyndoch’s board membership would lead to an opening up of general memberships.

“I am hoping the appointment of an outside consultant will create a fresh ‘set of eyes’ and lead to a wiser mindset within the decision makers at Lyndoch Living,” Dr McCluskey said.

The shutting out of the community from Lyndoch Living is just one thread to this complex story, but it is a critical one.

General memberships are the only bridge between Lyndoch being fully transparent, or remaining a closed shop where the board has total control and the community remains at arm’s length.

I can only come back to the question of why – why would Lyndoch not want general members?

The challenges to VCAT provide some hope of an answer and – perhaps – a change.

Another challenge will be revealed shortly. Watch this space.