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NSW Housing and Human Services Accord NGO Consultation

About the Disability Council

The Disability Council of NSW was established under the Community Welfare Act 1987, to advise the NSW Government on issues affecting people with a disability and their families. It is also the NSW Disability Advisory Body to the Commonwealth Government.

Councillors are appointed by the Governor and are selected on the basis of their experience of disability and their understanding of issues, knowledge of service delivery and government policy. The majority of Councillors are people with disability.

General Comment

Throughout this text the Disability Council of NSW has been referred to as Council, the Department of Housing has been referred to as the Department, the NSW Human Services Accord has been referred to as the Accord and non-government organisation has been abbreviated as NGO. The Joint Guarantee of Services for Mental Health Problems and Disorders is abbreviated as JGOS and the Housing and Accommodation Support Initiative as HASI.

Council appreciates the opportunity to comment on the Accord and has structured its response to the NGO Consultation by answering the Key Questions as requested. It is strongly of the opinion that the Accord is a major step forward as a policy initiative. It is however concerned that the practical application of the principles outlined in the Accord will require a change of focus to ensure the primary goal of the Accord is achieved: service delivery that meets the needs of people with disability in seeking or maintaining housing.

In reviewing the social landscape Council notes that a substantial increase in resources is needed to provide more public housing and more support services if the Accord is to do more than expose the gaps and tensions of current practice.

People with disability and their families whom the Department has accepted as eligible for priority housing wait in dire circumstances in some instances for more than a year to get it. Once in public housing they may be required to sign a good behaviour agreement or risk termination of their tenancy. They are the only group of tenants who are responsible for the payment of water rates although they have less expendable income than most tenants in the private sector. Modifications to existing stock to allow wheelchair/mobility access take an inordinate amount of time to complete. The size and type of accommodation available presents difficulties for large families, accessible accommodation is all but non-existent and most funded service providers are housed in inaccessible premises.

Advocacy services often complain that it is extremely difficult to get the various government agencies to accept their responsibilities to provide services. Hopefully the Accord will go some way to remedying this.

If the Accord does not address the lack of facilities, resources and changing needs of people who are eligible for public housing, it is unlikely to make the desired difference to the lives of people with disability.

It is essential that there is a commitment to funding the establishment links of the Accord. These links, both intradepartmental and interdepartmental, do not currently exist and will need to be established if the Accord is to succeed in meetings its objectives.

Key Consultation Questions

1. What are the key principles that enable good practice partnerships to provide support services to clients? Does the Accord align with these principles?

The principles that enable good practice include respect for the client, acting in the best interest of the client, transparency in decision making, effective communication. The principles outlined in the Disability Services Act (1993) about the rights of its target group are relevant to the Accord as these rights are shared by all members of the Accord's target group.

In most instances the principles outlined in section 4 of the Accord are worded in such a way as to constitute philosophical tenets, with which most would agree. In fact, in many cases, they are axiomatic. If the term principle is defined in this way it is not clear why the second sentence of 4.1 does not stand alone.

Further, 4.7 rather than asserting what is currently the case states what will be the case (future tense) for those adhering to the stated principles. This can be contrast to 4.8 which states what signatories agree should be the case.

Council commends the Department on the addition of principle 4.8 as the socio-cultural aspects of housing are often ignored. However it notes that these issues equally apply to indigenous and culturally and linguistically diverse communities.

Principle 4.9 could read "….changing demographics …require the continual development…"(rather than "will require"). Even in the present tense however it does not state a philosophical principal but suggests the need for review of practice.

It is Council's view that if broad principles are included in the Accord they consistently need to relate to general philosophic position or to practice, and, if both are used, a distinction should be made between them.

2. Do the features of the Housing and Human Services Accord sufficiently support the objective of greater collaboration to assist clients with complex housing needs to live independently? If not, why not? How then could greater collaboration be achieved?

At the moment there are several issues that need to be clarified before this question can be properly answered. Council suggests the Department consider how:

• ongoing collaboration with the NGO sector on other government initiatives will be tied to the Accord, (e.g. the Department's undertakings to consult on anti-social behaviour provisions);
• if consultation/ monitoring mechanism with NGOs to provide feedback about the Accord are to be ongoing;
• lines of responsibility can be established, (e.g. who is the lead agency responsible for case management).

Greater collaboration of service delivery agencies could be achieved if staff of each agency were made more cognisant of the roles of other stakeholders. An improved knowledge of service options can assist staff seeking to meet needs in a flexible and timely manner.

Similarly, interagency committees at all levels from Senior Officers to Client Service Officers could develop options to assist clients currently "falling between the cracks".

Council is concerned by the high proportion of NGOs and potential signatories to the accord that operate from premises that are inaccessible to wheelchair users. This has implications for clients in wheelchairs approaching service providers as well as reducing employment opportunities for people using wheelchairs.

If independence is a criterion the accord wishes to address the lack of access to housing and services is an issue that must be dealt with. The department might require all signatories to function from accessible premises to allow independent approach from those seeking housing assistance. In so doing it would also address the issue of limited employment opportunity: another restriction on personal independence.

Similarly, the issue of increasing the availability of accessible housing might be addressed as a means of increasing independence.

The Department needs to establish both a complaints policy and procedures for resolving any difficulties tenants experience as a result of partnership arrangements. It should also consider a schedule to ensure services are transferable from region to region allowing clients to relocate to areas of preference.

Protocols are needed for using, paying and budgeting for interpreters, alternative formats or support persons when necessary. Such instances might accommodate those who may need Auslan interpreters, Braille, plain English explanations or those from culturally and linguistically diverse communities needing information in languages other than English. These protocols need to identify how these services are paid for, who is responsible to pay for them and in what circumstances.

Whether under governance, principles or schedules it would be worthwhile stating government assurance of:

• primacy given to interest of the client;
• staff requirement to be culturally competent and disability aware;
• co-operation between agencies which is essential to quality service;
• recruitment, training and operations reflecting the diverse population the agencies are funded to serve,
• equity of access to service for clients, including those in wheelchairs or those from indigenous or culturally and linguistically diverse backgrounds;
• NGOs right to choose not to participate without censure;
• transparency of practice including complaints mechanisms;
• transportability of services for clients moving between regions;
• the Department's commitment to consultation with NGOs and the communities using the services.

3. What opportunities does the Accord provide to non-government providers of housing and support that will better support clients with complex housing needs? How can we best maximise these opportunities?

The Accord should provide NGOs with a clearer picture of other stakeholders and their respective roles. It should allow agencies to develop links that improve service delivery for their mutual clients and refer clients appropriately.

Shared Access, as noted below, will be of great benefit to clients and service providers alike.

NGOs will have greater access to data allowing greater opportunity for research and evaluation. A widened knowledge base of available services will allow improved client referral and may increase collaboration between services to meet client needs. It also has the advantage that it might identify more clearly what services are needed that are not currently offered. If there is a means of advising all signatories of the need for such services shortfalls can be addressed and departmental responses to client needs might thereby be improved.

Joint assessment procedures could result in more streamlined service delivery for clients though it is not clear how these assessment/s will be done, who will take responsibility for assessing potential tenants for long or short term leases, what criteria will be used to assess whether a person has short or long term public housing needs, and how partner agencies will work together on these needs assessments.

4. What constraints may affect or prevent participation in the Accord by non-government organisations? How might they affect participation?

NGOs may be constrained by lack of money, expertise, or knowledge of other stakeholders. Providing them with a clearer picture of the roles of various stakeholders, how each department works and appropriate contact points for enquiries and/or complaints would improve the speed with which client needs can be met. This might be done by training sessions or by a booklet, regularly updated, advising signatories to the Accord, their roles and contact details. Alternatively, the schedule noting contact details of regional signatory officers might be expanded to explain their various roles and responsibilities.

If accountability incorporates additional workloads/responsibilities (e.g. responding in detailed reports to monitoring agencies) NGOs may be reticent to participate. It is at present unclear what the relationship will be between current monitoring and reporting requirements of NGOs to funding bodies and those required under the Accord. If those required under the Accord are additional to those currently required, or if additional training of NGO staff-members is required and no additional funds provided smaller NGOs will be unable to commit time and resources appropriately.

NGOs may wish not to join the Accord but choose to do so due to fear of consequences. The Department should ensure there are no adverse consequences impacting on NGOs refusing to join the Accord. There may be valid reasons an NGO might refuse to join including:

• insufficient funding or resources available;
• a perceived lack of flexibility for potential clients in choosing the support services they require;
• Geographical eligibility constraints.

5. How should the non-government sector be involved in the development of schedules to the Accord? What needs to be in place to encourage maximum input into relevant schedule development?

The Department needs a consultation strategy to engage disability, indigenous and culturally and linguistically diverse communities, clients and potential partners.

NGOs can bring a 'grass-roots' perspective to determining the value of schedules and their coverage. It must be remembered that service users will also bring such a perspective and their personal experience may highlight complexities to be dealt with and allow flexibility to be built into the initial design of schedules.

Council would recommend consultation on specific schedules with service providers, advocacy groups and service users. This might be best achieved by establishing an ongoing advisory panel representing these three groups. Service users, and those not paid by an organisation to attend such meetings should be financially compensated for giving of their time and expertise.

Additionally, regional consultation with potential partners, i.e. local, community based agencies could be an ongoing strategy. When consultation is undertaken the Department needs to address issues such as the time taken for services to consult with constituents, the need for plain English for clients with intellectual disability (as potential participants), alternative communication strategies for deaf or blind participants, the need to attract feedback from indigenous and culturally and linguistically diverse communities.

6. How can Shared Access benefit clients of non-government agencies? What needs to be in place to enable this to happen?

Currently, service users, advocacy bodies and service providers find it extremely difficult to find an appropriate path through departmental staff to apply for support and/or housing. Some departmental staff representing a first point of contact remain unaware of the practical implications of JGOS or HASI. Shared Access provisions should encourage departmental staff to become more conversant with these as they inter-relate with service providers.

Current Memoranda of Understanding (e.g. HASI or JGOS) are often ineffective due to the lack of awareness of them and consequent ignorance of their requirements. While senior staff; both those at the policy level and with responsibility to review decisions, are well aware of these Memoranda and their implications, those who deal on a daily basis with clients (as noted above) often are unaware of their obligations (and/or of the existence of these agreements). Consequently many clients, offered protections and support under current agreements, are not afforded these.

The power imbalance between service users and government departments may be addressed by shared access provision as service providers, through review of schedules and agreements will be able to immediately contact appropriate officers. These streamlined procedures will benefit both current and future clients. Similarly, shared assessment procedures would obviate the need for multiple assessments saving time for clients, partner agencies and the Department.

Council is however concerned clients who are unaware, perhaps due to language or cognitive restrictions, that the Accord and partnerships exist at all will wish to approach the Department. The Department might wish to consider the need to develop strategies to advertise the Accord and its impact in various disability, indigenous and ethnic communities.

The Department also needs consider the implications of programs and services run by other State and Commonwealth departments (and Local Government) and how these might interface with the Accord. The reduction of assessment protocols and the streamlining of practice should cover as many avenues as possible to avoid duplication.

7. How can the non-government sector best participate in the development of a performance monitoring and evaluation schedule to the Accord? What elements should this schedule include?

A performance monitoring and evaluation schedule to the Accord needs to take into consideration the limited funding and resources of NGOs. Reporting mechanisms need to be simple and not time intensive.

Performance monitoring and evaluation procedures may need to differ according to the type of service offered by different stakeholders.

Ongoing standardised consultation/ feedback procedures are recommended at regional and head office level informing Senior Officers and client service staff.

A clear complaints procedure is essential as are clear tenant transfer procedures when clients transfer from one region to another

8. What other comments would you like to make about the NSW Housing and Human Services Accord?

The Accord can only be a worthwhile tool to ensure clients are appropriately supported if departmental staff, at all levels, are fully aware of and compliant with their obligations under the Accord. Staff training should therefore be implemented to ensure staff-members dealing with clients on a daily basis are cognisant of the Accord and its ramifications. Similarly, the quality of service delivery needs to be monitored to ensure departmental practice is in keeping the requirements of the Accord.

Council is concerned that consultation has not included clients and potential clients of department of housing as it views this group, rather than departments or service providers, as the most likely source of expertise on support needs.

Several matters remain unclear including:

• the relationship between the Accord and other initiatives of the Department (e.g. the Guidelines on future housing design, the Office of Community Housing);
• the relationship between the Accord and initiatives of other government department's initiatives (e.g. Department of Ageing Disability and Home Care's Boarding House support);
• How the Accord will link to Local Government or Commonwealth Government initiatives.

While many questions yet need to be answered the Accord has the potential to act as a catalyst for community development, especially in large public housing estates. This could involve leadership training, create employment opportunities, and create spaces where NGOs could undertake community development and community education. Such initiatives may lead to the Accord meeting its objective of assisting the independence of people with disability.

The Disability Council of NSW
8th January 2006