Elderly Feros Village residents in Byron Bay and their families received notice yesterday (Wednesday, 10 May), from Feros Care CEO Karen Crouch, that the aged care facility would close on 23 June, 2023.
This follows the recent request by residents to the Minister of Crown Lands, Steve Kamper, for Feros Care to be removed as Crown Land Manager (CLM) for the site and a new provider to be put in place who will continue to provide aged care to current and future residents.
In a press release regarding the closure a spokesperson for Feros Care stated, ‘Feros Care accepts there have been passionate and vocal defenders of the home and that the decision to close Feros Village Byron Bay has been particularly challenging for some residents and their families. The remaining residents have been informed today (10 May) of the closure date.
‘Whilst a small number of residents remain at Feros Village Byron Bay, Feros Care has been regularly advised over the past months of the ample, suitable residential aged care accommodation in the region for them to relocate into their new home. We have helped all residents in their moves since the initial announcement and once complete will close the Village.’
Feros Care had previously told residents and families that the Byron Bay Village would not close until everyone had found suitable, alternative accommodation.
Residents refuse to leave
Responding to the notice of closure residents and their families have written to Feros Care stating that they ‘do not consent to leaving Byron Bay Village; and that the effort by Feros to obtain their consent is considered by them to be a de facto eviction’.
Residents have made clear that they do not ‘know of any accommodation for them that is available, suitable, and affordable’ and that they consider that ‘their resident agreements remain in place’.
The letter, from their lawyer Mark Swivel to Feros Care, continues: ‘As you know, an aged care provider must not take action to make a resident leave or to imply that a resident must leave a facility before suitable and affordable alternative accommodation is obtained – based on clause 11.2 of the residents agreements and the counterpart provisions of Aged Care Act 1997 (Cth). I put you on notice that my clients consider the letter itself and the ongoing conduct of Feros to be matters that place Feros in breach of the resident agreements and the statute.’
Replace Feros Care?
The letter reinforces the residents’ campaign to have Feros Care replaced as the Crown Land Manager (CLM) and aged care provider which Crown Lands is currently investigating.
‘The Minister is currently investigating the issue and working with Crown Lands to understand the options available,’ a spokesperson for Mister Kamper told The Echo following the notice of closure.
While Crown Lands cannot compel Feros Aged Care to remain open the Minister can replace Feros Care with an alternative CLM and aged care provider. It is understood that Crown Lands have sent a ‘please explain’ letter to Feros Care, to which they have 14 days to respond, seeking more detail on their decision following their notice of closure yesterday.
Closure required say Feros
According to Feros Care the reason that they are required to close and redevelop the site is, ‘The Aged Care Act provides for a complex range of regulations that Feros Village Byron Bay is not able to meet. For example, the Act is clear that a residential aged care provider must provide ageing in place and this is not feasible at Feros Village Byron Bay.
‘The Byron Bay facility was built 33 years ago as a low care hostel and not designed or built to the standards or requirements of a residential aged care site.’
The current aged care accreditation for the site is in place until 10 May, 2024.
Stop and work together
Speaking to the NSW Parliament yesterday (10 May, 2023), Ballina MP (Greens), Tamara Smith, highlighted the plight of Feros Village residents pointing out that Feros Care are ‘behaving like they own the land when it is Crown land’.
‘Why did they [Feros] not get Crown land approval before announcing the closure?’ and ‘Did they [Feros] know that the residents have no obligation to leave the village under their contracts?’ she asked.
Speaking to The Echo this morning Ms Smith sent a plea to Feros Care ‘to please stop and let us get good heads to the table and sort this out. Because we have gone from 40 residents to 11. There has already been extreme trauma inflicted. The goodwill of the community is not there.
‘It’s not too late for Feros management to stop what they are doing and work with local, state, and federal governments to get to the bottom of what their real issues are. Stop what you are doing, stop this process and ask for help to address the real issues. You cannot continue to traumatise these vulnerable people,’ she said.
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