An ABC investigation has uncovered a series of allegations by former workers blowing the whistle on mistreatment, neglect and excessive use of force against people with disabilities being cared for by NDIS provider Evolution Support Services.
It's lunchtime in a suburban cul-de-sac in the Hunter region of New South Wales.
Warning: This story contains offensive language and video of a person being injured.
A man — who we'll call Jake — starts pacing and yelling inside the group home he shares with several other men.
Jake lives with schizophrenia and an intellectual disability.
He can't be identified for legal reasons.
"I want to f***ing leave this f***ing s***hole!" he yells.
It's September 20, 2021, and, by this time, Jake has been in the care of an NDIS provider called Evolution Support Services (ESS) for almost a year.
Jake's carers should be trained to safely defuse a situation like this.
Still agitated, Jake continues his tormented chant.
"I hate this s***hole; I want to f***ing leave. I f***ing hate this f***ing s***hole," Jake yells.
He paces back through his living room with his hands in his pockets.
"I f***ing hate this f***ing s***hole!"
A disability support worker, Mark Hutton, who has a black belt in jujitsu, comes in from outside and approaches Jake.
"You need to settle down," Mark tells him.
Jake tries to walk past Mark into the kitchen, but Mark doesn't let him.
"You need to f***ing settle down," Mark yells.
Mark spear tackles Jake onto a couch and two other workers hold him down.
He twists Jake's arm above his head in a lock notorious for breaking bones.
Then there's a loud crack.
"You broke my arm! You broke my arm!" Jake screams.
Mark pushes down on Jake's broken arm.
"I'm sorry, I'm sorry! You broke my arm. You broke my arm!" Jake screams again.
"Then stop being a f***ing idiot," another disability support worker tells Jake.
"I told you to f***ing settle down," says Mark Hutton.
Jake begs to be taken to hospital and says he's going to take an AVO out on Mark.
This incident is one of a series of allegations by former workers blowing the whistle on mistreatment, neglect and excessive use of force against people with disabilities being cared for by ESS, uncovered by an ABC investigation.
These workers say the regulator, the NDIS Quality and Safeguards Commission, failed to take sufficient action against the company by allowing it to continue operating after the incident.
ESS is part of a group of companies providing security and other services that expanded into disability support nine years ago.
The company employs disability support staff to care for people with highly complex needs, people with intellectual disabilities, some of whom have a history of violent behaviour.
Initially, many of the staff were security guards with no qualifications in disability services.
"It shocks me that an organisation that's in the security business is … being asked … to provide therapeutic supports to people with disabilities," said clinical psychologist Keith McVilly, who has been an adviser to the NDIS Quality and Safeguards Commission.
"This is not the values base that we want to bring to a disability support service."
'It's a hard job'
Former ESS support worker Taniela Tangulu was in the room when Mark Hutton broke Jake's arm.
"I've never seen that level of aggression from someone," he said.
"Even to initiate an attack like that on a guy — I was in shock."
He said it wasn't unusual for the people they cared for to become agitated and aggressive at times.
"We all know, walking into this job, it's a hard job," he said.
"Usually you just give them space, let them say their piece and they'll calm down themselves."
After the incident, the company moved Mark Hutton to another home, where he worked with a different ESS client.
Taniela Tangulu received a banning notice from the commission for failing to intervene. He challenged it and never heard back, continuing to work in the sector.
"I'm very disappointed [about] how this whole thing was dealt with," he said.
"Mark should have obviously been disciplined and let go from the job and the people that were there should have been offered some support."
'It doesn't get much worse than that'
ESS launched its own internal investigation into the incident. 7.30 has obtained its report.
It says the CCTV footage shows Mark "attempt to redirect the participant with calm words".
The report claims Jake assaulted Mark, who then managed to "physically redirect the participant [Jake] safely whilst defending himself as well and protecting the other participants and staff that were close by".
The report found that the restraint Mark Hutton used was "unauthorised", but he "seems to have acted in self-defence, attempting to reduce the risk of injury to himself or others and the participant".
It noted Mark Hutton's claim that no excessive force was used.
Taniela Tangulu said this was not a true reflection of what happened.
"You can obviously see Jake is defenceless," he said.
"I just feel for Jake, to be honest, I feel like he's been let down by the company, they've downplayed the situation and how it happened."
7.30 showed the video to clinical psychologist Keith McVilly.
"I can't see any relationship between what's captured on film and what's in the report," he said.
7.30 has confirmed that the NDIS Quality and Safeguards Commission has the video and has been sent a copy of the report.
Professor McVilly said this kind of violent restraint was banned by the NDIS regulator.
"We wouldn't accept it in any other situation. Why should we accept it for people with intellectual disability?" he said.
"This person has been attacked by those who were there to provide care and support. They've been run at, forced onto a couch, held down, and then shouted at, and called an idiot.
"It doesn't get much worse than that.
"Best practice would have been for the staff to withdraw from the situation to allow the person space and certainly for the staff to have attended to the other residents that we saw in the background … away from that situation.
"And if they'd been trained appropriately, they should have known that."
He said physical restraints should only be used as a last resort to prevent death or critical injury.
Loading...Support worker had criminal record
Thirteen months after Jake's arm was broken, Mark Hutton was involved in another incident, after an ESS client tried to attack him.
Mark Hutton allegedly wrestled the man to the floor and kneed him in the head.
He was sacked and charged, but was later acquitted of assault, as the court couldn't be satisfied beyond a reasonable doubt that he was guilty of the offence.
7.30 can reveal that Mark Hutton had a criminal record of assault occasioning bodily harm during his time working for the company.
His NDIS worker accreditation was also pending.
Since he left the company, his former partner has taken out an apprehended domestic violence order against him.
Mark Hutton did not respond to questions or a request for an interview.
Staff used 'wrestling moves', former worker says
Several former ESS workers told 7.30 that issues relating to the overuse of force and restraint at the company went beyond Mark Hutton and the incident with Jake.
7.30 has spoken to 10 former ESS workers and all say there was a culture of overusing physical restraints on people in their care.
Former disability support worker Cameron Howells lost his job in 2021 over a disagreement with a manager.
He was accused of workplace bullying over the incident, something he denies.
He said he witnessed "wrestling moves" by other staff.
"The stunner, where they would put their arms underneath the participant from behind, wrapping and interlining their fingers behind the participant's head and lifting their feet off the ground," he said.
"I've seen pain compliance use … they would hyperextend joints, put certain locks on their arms to cause as much pain as possible to then compel the participant to stop what they were doing."
Cameron said this treatment had a lasting impact on those people.
"They would become agitated at every small thing, whether it's a loud sound, they would jump or they would want to stay in their room," he said.
"It's like a family member abusing their child … it's sad."
While violence and neglect were still relatively common in the disability sector, Professor McVilly said this kind of treatment was unacceptable.
"Unfortunately, what we're seeing here are people who have managed to get into the system who are maybe not there to care," he said.
"They are seeing client behaviours, for a whole range of reasons, which may be considered violent.
"And all they want to do is meet that violence with greater violence to bring it under control."
'The watchdog for the NDIS has failed'
Providers are obliged to inform the NDIS Quality and Safeguards Commission within 24 hours of becoming aware that someone in their care has been seriously injured.
ESS and the regulator did not provide answers to questions as to what, and when, the company told the regulator of the incident involving Jake.
The ABC has confirmed that the NDIS Quality and Safeguards Commission sent a formal warning to ESS last February in relation to two incidents involving Mark Hutton, including the one involving Jake.
Last September, Cameron Howells, who had previously worked with Jake, sent the video to NDIS Minister Bill Shorten and the commission after seeing it for the first time.
"He was yelling and in need of help and their reaction to it was to try and grab him, then tackle him and then break a part of him," Cameron said.
"Jake will always focus on critical parts in his life … and he'll relive those daily. They're part of his delusions, why he screams, why he shouts.
"They've introduced a new trauma that he will be with forever as a result."
Mark Hutton was banned from working in the NDIS.
The regulator also issued ESS a compliance notice. As a result, the NDIS Quality and Safety Commission will monitor the company alongside an independent auditor for three years.
Cameron Howells believes the company deserves to lose its NDIS accreditation.
"They should have had their accreditation immediately removed just from that video and the fact that they did not fire Mark Hutton after the incident — they moved him to a different house to work with another participant."
However, his greatest concern is that Jake is still living in an ESS home.
"That blows my mind," Cameron said.
"Everything possible was given to try and get Jake away from that company.
"And the government had failed at that point.
"The watchdog for the NDIS has failed, and he is still there."
'They're vulnerable people'
This investigation has uncovered further allegations of excessive physical force and neglect at ESS.
7.30 has confirmed that, in July last year, another male worker allegedly kicked a woman in ESS care in the stomach and pinned her head to the ground.
Last September, that ESS support worker was banned for three months.
The company has also cared for children with disabilities who are on the NDIS.
The former foster family for a girl we'll call Jessica, Therese and Jim Linarejos, say they and Jessica have been left "traumatised" after she spent more than three years in the care of Evolution Support Services.
Jessica has been diagnosed with autism spectrum disorder and ADHD.
In September 2020, she was placed with ESS after her needs became too complex for Therese and Jim to manage at home.
She was 11 years old and was in a home with 24/7 care from two ESS workers.
"Jessica's mental health began to decline very quickly; she became socially withdrawn," Therese said.
"I then realised that she had a lot of bruising on her and when I would ask and question her, she would say that it was the staff that held her down, or that had pushed and shoved her."
Therese said the ESS homes where Jessica lived were, at times, filthy, with barely any food in the fridge.
"She had her periods and at one point, I kept asking for her sheets to be changed and when we went back weeks later, the sheets were not changed," she said, becoming emotional.
"She had been sleeping in this bed with stains … the neglect, absolute neglect."
Occupational therapist Natalie Mumford used to work for ESS and was one of Jessica's carers.
"Jessica can be quite unpredictable. And she can be quite aggressive, so when she is in something called an escalation, she may attack people, attack staff, attack herself."
Natalie said she never restrained Jessica and would de-escalate her verbally.
However, Jessica would tell her when other workers did.
"Jessica told me there was times where her hands and her feet were held," she said.
"There were other times where Jessica told me that she was restrained on the floor, someone was on top of her and was holding her down."
She said Jessica would also disclose that she'd been slapped or hit by workers.
Natalie said there were strict rules around the use of restraints on children, and a detailed care plan for Jessica made no mention of physical restraint.
She said ESS should be banned from the NDIS.
"I'm very concerned for anybody else that is still in ESS," she said.
"They're vulnerable people.
"They themselves might not even know what's going on and it takes people on the inside to recognise that these things are not OK, and to speak up."
The Department of Communities and Justice in New South Wales said it had engaged Evolution Support Services to provide care in the past, but it does not currently use the company.
"This week, the NSW government established an urgent review of the foster care system that will examine the use of high-cost emergency arrangements, including fee for service special care," a department spokesperson said.
Company says participant welfare is 'highest priority'
Evolution Support Services declined to be interviewed, citing privacy concerns.
In a statement, the managing director, Vincent Johnston, said the wellbeing and safety of participants "is our highest priority".
"The questions raised are with the NDIS Quality and Safeguards Commission," he said.
"The ESS executive team is committed to addressing all concerns and will do this by working alongside the [NDIS Quality and Safeguards Commission], an independent auditor and all relevant stakeholders, who have advised they are satisfied with the progress ESS has made to date."
The NDIS Quality and Safeguards Commission also declined to be interviewed.
"Former worker Mark Hutton has been permanently banned from working with people with disability, with further regulatory action being considered," a spokesperson said in a statement.
The commission said ESS serviced people with "complex support needs, often where no other provider is available to offer comparable services".
The spokesperson said when taking regulatory action, it needed to consider the "significant" risk of NDIS participants being displaced with no other provider available.
The commission said it was "actively" monitoring the company's progress against a three-year compliance notice.
A spokeswoman for NDIS Minister Bill Shorten said he supported the lifetime ban on Mark Hutton working with people with disability.
"All disability providers and support workers must have safety front of mind when it comes to supporting people with disability," the spokeswoman said in a statement.
"We will not hesitate to take action where providers fail to keep people with disability safe."
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