Because Ben has clearly a loving family environment, his family have provided his social engagement. It would be important to consider what a change to that environment would need to consider, so it would be about stepping that through, and they are the elements that I would talk about and that's what I mean when I talk about a transition plan. So it is the how, it's about agreeing on the location or the particular environment, it is about the steps that we would need to take and the plan A, B and C should our intended processes not go to plan." (T.30.12)
"A. I think I would hark back a little bit to my sense of a transition plan for Ben. I would like to create the opportunity where - we are clearly going to need a bit of time for Ben to get used to the idea of a new place, and whilst of course it doesn't preclude Ben going home, I certainly would get a sense that if his family could come to Ben and it was his place and he had a sense of it being his own place then that might assist in his transition ultimately into his own home." (T.31.9)
"A. We have certainly implemented both responses for other individuals that we have assisted in the past. My short answer would be that in an ideal setting we would be negotiating and discussing that with family. I think the family would clearly have a better idea as to what may best work for Ben. Because they have been so significant in his life and he has had little experience in other sorts of environments, perhaps I see an initial phase looking like Ben maybe spending, you know, Monday to Friday in his new home and perhaps going back on a Saturday or Sunday or vice versa, or it could be a day of a week that he goes home so that it doesn't feel like a significant abrupt change for him. These are all obviously a little speculative and I think the importance of looking at a transition plan for Ben is about any service to be quite nimble and responsive to those changing needs." (T.31.20)
"A. In our discussion with Ben's Mum and Dad, Mr and Mrs Barber, they clearly talked through a number of their experiences, both with staff that they felt were great for Ben but they also had a number of experiences of staff who they felt were not suitable. An immediate example that comes to mind really relates to the fitness level of a staff member, so I think having staff that were fit and able, and in many instances perhaps a male staff member would be beneficial for Ben." (T.33.1)
21 Ms Feltes recommended that a three bedroom home with a yard would afford the most appropriate accommodation so that the plaintiff could obtain some exercise. One of the major differences between her prescription for care and that put forward on behalf of the plaintiff was that because he was a very sound sleeper for approximately 9 hours at night, the care then provided should be of a sleepover kind which her organisation paid at the rate of 3 hours per night. The need for someone being there at night was that the plaintiff was such a heavy sleeper he was unlikely to wake up for emergencies and had apparently previously slept through the activation of a smoke alarm.
22 Ms Feltes advised that her estimate of costs did not include those of a case manager and so her figures would need to be increased by approximately $200 per week. She did not accept the need for a RN. She explained that although Sunshine Homes had clients on the Central Coast, if it took over the plaintiff's care, it would be necessary for more care staff.
23 In general terms, both the suggested regimes of care seem to be adequate. My function, however, is not to prescribe a long-term solution for the plaintiff's care needs. That is something which the trial judge will do, having before him or her much more detailed evidence than I. My function is to make sufficient monies available to the plaintiff for the next six months to allow him to function effectively and to be able to participate in his trial. My focus has to be primarily on the welfare of the plaintiff for that period.
24 As Ms Feltes made clear in her evidence, the movement of the plaintiff from his home to his own accommodation is going to be a very difficult and disruptive time for him. He will not only be in new surroundings, he will have to learn the geography of his new area, the location of shops etc. The transition period is likely to take a considerable amount of time. The assistance and full co-operation of his parents is essential if this process of change is to be successful.
25 It was apparent to me from the body language of his parents that they have adopted a somewhat adversarial approach to this matter (which is understandable) and that they see Southcott as putting forward an alternative, cheaper regime which may not provide the best care for their son. That is also an understandable reaction, although perhaps unfair. Nevertheless, it is a real problem which needs to be addressed.
26 I am of the opinion that the least disruption will be caused to the plaintiff if he has around him during this difficult transitional phase, carers with whom he is familiar and advisers such as Ms Castle-Burton and Ms Morris with whom he is also familiar. His parents know these persons and are likely to co-operate more fully and effectively with them than if a new regime, substantially involving strangers, were involved.
27 By accepting the plaintiff's proposals, I am also minimising the possibility of further disruption in the plaintiff's life. If in due course the trial judge decides to implement substantially the defendant's recommendations then there will, of course, be a change in the management of the plaintiff but that is a change, it seems to me, which would not take place for at least six months and could be more easily managed in that the plaintiff would have been living in his own accommodation for a substantial period of time when that occurred.
28 It would, however, be more disruptive if I were to implement a change in care providers at this stage on an interim basis and then the trial judge decides that the care regime proposed by the plaintiff should be implemented. What I am endeavouring to do is to minimise the disruption to the plaintiff and I believe this is best achieved by putting into effect the plaintiff's proposal.
29 In that regard I do think that $250 per week for entertainment is somewhat excessive and I propose to allow on an interim basis $150 per week. In relation to accommodation, $695 for a serviced apartment does seem excessive, particularly since it is agreed that the plaintiff does not need to have an apartment serviced since it would be therapeutic for him to carry out housekeeping tasks himself. On the other hand, it was pointed out that one of the benefits of a serviced apartment is that it is already furnished and such expenditure does not have to be incurred by the plaintiff at this time. Accordingly, I propose to allow in the plaintiff's favour accommodation expenses on an interim basis of up to $700 per week with a strong recommendation that this money be used to rent a three bedroom home with a yard on the Central Coast.
30 I also propose to order that Southcott make the sum of $12,077 available to allow the plaintiff to undergo a Behaviour Support or Modification program on a trial basis for the next six months. This proposal was put forward on behalf of Southcott and instructions were received on behalf of the plaintiff that he was prepared to undergo such a course of treatment. In relation to care, I propose to order that Southcott make an interim payment of damages of $193,700 for the provision of care for the plaintiff over the next 26 weeks.