Feros board defend allegations of misconduct

The death of recent Feros Byron Bay resident, Jason Smith, has put fire in the belly of a local advocacy group fighting the facility’s closure. 

In March, the Feros board announced the closure of its Byron Bay facility, located at 29-33 Marvell Street, in preparation for a new, ‘state-of-the-art community, purpose-built facility’.

It came weeks after a damning performance report on the facility by the Aged Care Quality and Safety Commission (ACQSC).

ACQSC found its elderly residents were subjected to substandard care across every aspect of the service.

The Feros board have also rejected Echo requests for evidence that the property is required to be redeveloped to meet its care requirements. 

Friends and Families of Feros Residents (FFFR) have enlisted the help of a Sydney law firm, and local solicitor, Mark Swivel of Barefoot Law, in an effort to stop Feros closing its doors to the place that many people still call home.

Swivel commented on social media that an Urgent Notice of Complaint about Feros Byron Bay Village will be lodged with ACQSC Commissioner, Janet Anderson.

Notice of complaint

Swivel says they were instructed to provide the urgent notice of complaint, because time is of the essence, given the unexpected conduct of the board and management, and the urgent pressure put on residents and their families as a result.

The social media post goes on to say that on February 28, 2023, with only overnight notice to residents and their families, Feros Care announced the intended closure of the Feros Byron Bay Village.

‘At the time, there were 37 residents at the Village, which has a capacity of 40 residents’.

‘We are instructed that Feros Care’s conduct in managing its planned closure of the Village may be in breach of the Aged Care Act 1997 and its agreements with residents’.

Alleged breaches

‘Perhaps more significantly, we are instructed that the alleged breaches have put the welfare of the vulnerable residents of the Village at imminent risk.’

Barefoot Law says, ‘While Feros Care may not have wanted to be public about its intention to close the Village, at the stage that those people applied to become residents, it could easily have given a noncommittal reason for declining their respective applications, rather than putting those individuals and their family to the immense emotional, financial and work cost of making the move both to Byron Bay, and to the Village, when Feros Care knew that it would be closing so soon after accepting them as residents’. Barefoot Law says that, ‘Feros Care has refused repeated requests to communicate with the residents, their families and the community as a whole, restricting its interactions to meetings with individual residents and their families’.

As of April 3, there were 18 residents still living at the Village, and at least three who have moved who would like to return.

Barefoot Law says that around half of the members of the company Feros Care Limited appear to oppose, or have concerns about, the decision of the board to close the Village.

‘It is a community asset, not one that should be redeveloped in line with a corporate strategy – it was created by the Byron Bay community and should stay part of that community.’

According to www.feroscare.com.au, Karen Crouch is Feros Care CEO, and there are eight directors of the board. They are Jason Bingham (Chair), Colin McJannett (Deputy Chair) and directors Andrew Young, Janet Quigley, Lynn Warneke, Kathy Heathcote, Kristofer Rogers, and Janelle Manders.

Feros board replies

Feros Care told The Echo that at the time of providing thier response, they had not received notice of this complaint from the ACQSC.

‘Mr Swivel has made serious, but erroneous allegations, about the conduct of Feros Care, which are denied. Mr Swivel has asserted that Feros Care may be in breach of the Aged Care Act 1997, and its agreements with residents, as a result of its decision to close Feros Byron Bay. Feros Care denies these allegations. It takes its regulatory obligations and its obligations to residents, very seriously’.

‘Feros Care has engaged with both the Aged Care Quality & Safety Commission and the Department of Health and Aged Care in relation to the decision to close Feros Village Byron Bay, and to ensure that the residents of the home receive the best possible support to transition to new accommodation.

‘The welfare and safety of all the residents in the home is paramount and central to the decisions being made by Feros Care. The assertion by Mr Swivel that the “welfare of… vulnerable residents of the Village…’ is at imminent risk, is unfounded and is denied by Feros Care.

‘While Feros Care acknowledges the concerns that have been raised by the residents of Feros Village Byron Bay and their families, it has always endeavoured to make decisions, as difficult as they may be, which are in the best interests of residents. Feros Care is focused on ensuring its residents receive the highest possible standard of aged care.

‘Feros Care is continuing to engage with the residents of Feros Village Byron Bay, their families and legal representatives to ensure that it listens, understands and responds to their concerns, while also supporting them to transition to suitable alternative accommodation.

‘Feros Village Byron Bay will not be closed until all of its current residents are transitioned to suitable accommodation’.

‘In the near future, Feros Care will engage with the community on its plans to rebuild affordable and much needed seniors accommodation in Byron Bay. This redevelopment will be of ongoing significant value to the community’.