Why aged care must change: The Lennox abuse case

A Queensland family has expressed its frustration and disappointment after speaking out about alleged sexual abuse that occurred in an aged care home in 2016. 

The incident, which involved aged care resident Nancy Lennox, did not come to light until 2021. This was three years after the alleged perpetrator, Leslie Robert Hotz, was fired because the aged care worker sexually targeted another resident with a mental impairment.

Despite this second incident, the cover-up of Nancy’s sexual abuse ultimately resulted in a series of events that would put the Lennox family under police scrutiny despite being the ones to call out abhorrent behaviour from a staff member.  

Key points

• In 2021, ABC said that the alleged sexual abuse of Nancy Lennox by an aged care worker in a Queensland government-run residential care home was not reported to police for five years despite a colleague reporting it to management
• Nancy required constant care due to a suicide attempt that left her with a permanent brain injury, unable to walk or speak and with a feeding tube in her stomach
• Her son, Mark, was questioned by police over a black eye and her husband, Trevor, was hit with visitation restrictions after false claims of assault were made against them following the 2021 media coverage
• Aged care worker and alleged perpetrator Leslie Robert Hotz was charged with abusing Nancy, however, the charge was dropped after 17 adjournments due to admissible evidence and witness concerns

The severity of the case caught the attention of federal MP Michelle Landry who wrote to the then-Queensland health minister Yvette D’Ath. She cited examples of false allegations and discrimination by the service provider. 

“While Mr Lennox was very distressed to learn of the historical sexual assault, he was further distressed to learn that Eventide levelled an assault allegation against him,” Ms Landry wrote.

She said all allegations against Trevor Lennox, Nancy’s husband, and Mark, her son, were proven false yet both were ‘Slurred by staff as abusers and have had their visiting hours severely constrained’.

At the time, an anonymous complaint to the Aged Care Quality and Safety Commission in 2018 alleged Trevor had abused his wife. The police launched an investigation and Eventide staff reportedly told police Nancy had been driven to attempt suicide because of the domestic violence.

No evidence supported this and an anonymous worker said the abuse allegations were based on ‘false rumours’. Regardless, a code of behaviour was imposed and visiting hours were significantly reduced.

“It is evident that there is an ongoing campaign of discrimination directed at Trevor and Mark Lennox and I urge you as Queensland Health Minister to ensure the discrimination ceases immediately and that Trevor Lennox is permitted to visit his wife during the same hours he did prior to the assault allegation.”

Further follow-ups from Ms Landry indicated the Commission had closed the case by 2022. 

Addressing staff concerns

After the initial report regarding Mr Hotz’s alleged sexual assault was ignored, the aged care worker was caught abusing another resident in 2018. He was given a suspended 18-month jail sentence in 2019 for “wilful and unlawful exposure of a person with an impairment of the mind to an indecent act [as a] guardian/carer”.

Despite this sentence, there is no conclusion for the Lennox family after the charges for Nancy’s assault were dropped in October.  

“If he went to trial, got found not guilty, I’d accept their decision — but for him not even to stand trial just disgusts me,” Mark added. 

The Central Queensland Hospital and Health Service (CQHHS), which runs Eventide, said it failed to protect Nancy but it has zero tolerance for abuse. 

“We follow strict processes in any allegations of ill-treatment of a resident, which includes reporting any serious incidents to police for their investigation,” CQHHS chief executive Lisa Blackler told ABC.

“We remain committed to fostering a culture of positive care delivery and learning from these incidents. It is vital our vulnerable aged-care residents receive the best possible care, and we are committed to this. 

The comfort and safety of Mrs Lennox and all the residents at Eventide Home remain our priority and we are committed to work with families and visitors to create a caring and welcoming environment. This should never have happened.”

Eventide Home Rockhampton’s most recent aged care Star Ratings update is a four-star overall rating as of November 10, 2024. Staffing and compliance are rated five stars. 

Residents’ experience (last updated December 20, 2023) is four stars with 100% of surveyed residents saying staff treat them with respect and are kind and caring ‘always’ or ‘most of the time’. 

A 2016 notice of non-compliance remains the only example of non-compliance with Eventide Home Rockhampton failing to meet its prudential standards under the fees and payments principles of the Aged Care Act. 

The right to complain

Ultimately, this case highlights what can go wrong when residents and their families are not aligned with the provider when reporting a serious incident. The complaints process did not achieve a satisfactory outcome for any member of the Lennox family.

Speaking to ABC, OPAN Chief Executive Officer Craig Gear said there should be no reprisals for families and support networks making complaints about aged care providers. 

“It is rare, but it does happen, and that’s why we need these protections in place to make sure that there isn’t ramifications for when someone makes a complaint,” he said.

“We do not want people to be fearing raising complaints.”

A range of whistleblower protections for staff under the new Aged Care Act will afford aged care workers greater protections if management ignores serious complaints. Providers must ensure they have appropriate whistleblower systems in place with anyone who makes a disclosure not allowed to be victimised. 

By recognising that complaints can result in positive outcomes providers will be better placed to improve services and processes, therefore reducing the risk of all serious incidents.