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The new(ish) SIL Guidelines - and what they mean for participants

7/2/2022

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SIL is about Supported Independent Living, it's the funding people who live in group homes  need to have in their NDIS Plan.

Not the best choice of names because, let’s just get really clear, meeting individual needs, exercising choice and control in a group home are at best limited and most likely to be completely wrapped up in the needs and choices of the other people in the home (and the needs of service who provides the support). 

Until recently the group home provider submitted a Roster of Care (RoC) and SIL funding documents to the NDIS and between themselves they worked out how much funding a person got. Although people with disability, their families and us as Coordinators of Support tried to insert ourselves into that conversation,  mostly it felt like a secret deal between the NDIS and the provider. We were lucky we got to see the RoC after it was signed off.

So, now things are changing, and they are changing fast. Now we have new guidelines, and it seems, under the guise of choice and control, the NDIA is giving ‘control’ to participants while exiting from the previous arrangements they had with the providers.

Going forward, with SIL funding, like funding for most other support services, the NDIA will determine what kind and levels of support and funding a person needs based on the evidence they have (might be a previous RoC or might be a new OT assessment, etc).  
To think about this in the context of a group home:
For example, if by the determination of the NDIA a person needs 1:4 supports (meaning the individual’s support needs can be met by the attention and support from one-quarter of a staff member (yes, we know how ridiculous that sounds) and there are only two other people living in a house who are also funded for 1:4 supports, then the house is one quarter of a staff member short ( yes we know- ridiculous).
What does that mean in the long term because the funding coming in will fall short of what is needed?
Will a person have to move? Will they have to convert the garage into a granny flat?  
What if the person’s need increase to 3:1?
Now we are short of support, will that mean a person needs to move out, or should we reconvert the granny flat back into a garage?
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Now the NDIA determines what is needed and then provides the funding to the participant, who in turn (and together with their Coordinator of Support) negotiates the agreements with the SIL provider … mmh??
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Unlike most negotiations, in most situations and locations, it seems to us that there really isn’t much to negotiate, as there isn’t much choice and control a person has who is dependent on the provider for accommodation and day to day support. 
And it also important l to remember, that the people who live together in the house rarely, if ever, get to choose a new housemate when there is a vacancy (and get to talk about  whether the potential new housemate’s funding is compatible with a
nd contributes positively to the funding) and there really isn't an open market of  vacancies in group homes.
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Looking at these changes, it’s hard to see how this is anything other than an exercise by the NDIA to withdraw from some of the mess they have left to fester since when the NDIS first started. To be fair, it’s not just a mess for participants. SIL providers are also struggling with those changes and must manage less funding coming in while keeping people and their staff safe.

​For now, we see some SIL funding become plan managed. We are a bit excited about this opportunity for a bit more transparency and accountability, but we are seriously thinking this might not make a difference in how people living in group homes have better lives. In fact, it might just make it even worse.
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Independent Assessments on halt - for Now

2/8/2021

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Banner with the words Individual Assessments and an image of a pause button
After months and months of pressure from the community, the Independent Assessments are on hold.

One of the players that helped put the pressure on was the Independent Advisory Council (IAC).
That Council advises the NDIA Board on issues affecting participants, carers and families. 
They wrote a report and recommended that:

 “All elements of the independent assessment design, including the toolkit and practice guidance, should be designed in partnership with the disability community to deliver flexible approaches to the greatest extent practicable for the most complex participants that do not have supports, have experienced trauma or have complex behavioural support needs.”
 
The IAC also spoke to what many of us have been feeling, which is that there has been a massive erosion of trust between the disability community and the NDIA, government and the disability services system more broadly.
 
 A speech made by the Minister since the announcement to put things on hold gives us all an idea of what’s on her agenda:
  • “An assessment model that is consistent with the legislative requirements as set out under the NDIS Act. An assessment model that will deliver a fairer and more consistent scheme. A scheme that delivers more true choice and control.
  • we need to build a unified understanding of financial matters and pressures on the system to inform the pathway forward.
  • We commissioned further work by senior officials on the cost drivers and underpinning actuarial assumptions of the NDIA ahead of our next meeting in August
  • We also agreed to work together to consider amendments to the NDIS Act to legislate a Participant Service Guarantee
  • The legislation will further strengthen integrity measures and the draft legislation will be subject to public consultation 
  • A new and improved National Disability Strategy will hold broader services and systems accountable to be more inclusive and supportive for people with disability, achieving better outcomes”
 
So be prepared and expect to hear lots more about

  • Independent assessments: watch out for news comping think and fast and who is involved and what the processes are- there might be opportunities to contribute 
  • Money and the scheme sustainability: there will be loads more backwards and forwards and disagreements and comparing apples with oranges and trying to understand what this all really mean s
  • Changes to the NDIS legislation: Let’s watch this space carefully and look out for those public consultations the Minister mentioned in her speech 
  • National Disability Strategy: Yeah, any movement and the revamping of the National Disability Strategy would be fantastic, and we would love to see something real happening there (instead of more and more disability specific)
More information and resources about Individual assessments
Stylised image of John Walsh
One of the best and most thoughtful commentary (and not necessarily agreeing with whatever else everyone is saying) was provided by John Walsh, former NDIS Board member and one off the key designers of the NDIA. You can listen to the podcast, read the transcript or read John’ submission to the Parliamentary Joint Standing Committee.
From the Minister Linda Reynolds
 
Read the Minister's press release that announced the halt to the proposed Independent Assessments 
 
And here is the speech that the Minister made since pressing the pause button, outlining what’s next on the agenda.


Picture of Linda Reynolds
From the NDIA
 
Since the pause button has been pressed the NDIA website shifted basically all of their information about Independent Assessments to a section of their website they call ‘History of the NDIS’ (funny how quickly something becomes history). 
 
You find some historical information here https://www.ndis.gov.au/about-us/history-ndis/independent-assessments-proposal
Logo of Independent Advisory Council
From the Independent Advisory Council
 
Read the advice that helped put a halt on the assessments Strengthening Scheme Reforms to Access and Planning (July 2210)  
From Every Australian Counts
 
This grassroots organisation (together with most disabled people led organisations) have led the campaign against independent assessment. Their “Hans of our NDIS” Campaign is not just about independent assessment, but also talks about many of the other issues floating about. 
Check out their website ​​
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