Deciding to seek additional care for a loved one is rarely easy, often filled with mixed emotions and high hopes for their well-being.

Yet, for many families, the experience has fallen short of expectations, leading to growing concern and disappointment.

These ongoing issues have sparked a primary legal response involving a prominent care provider, raising serious questions about the broader state of the industry.

The class action, filed by Echo Law, covers 1 July 2019 to 1 April 2025 and accuses Bupa of providing 'poor-quality care' that one family member described as 'soul-destroying.'

The lawsuit alleges that Bupa failed to meet the standards of care it advertised and was legally obliged to deliver, including adequate staffing levels and sufficiently trained personnel.

The distressing experiences of families and residents are at the heart of this legal battle.

Bupa Aged Care Australia has been sued in a class action over alleged poor care and legal breaches. Credit: Facebook

One class action member recounted the 'horrifying' conditions her father endured at a Bupa facility in 2022, including a lack of staff and training that left him in distress.

'Dad lived a life of dignity and service... It was every child's worst nightmare to see their parent treated so poorly at a vulnerable time in their life,' she said.

Her story is a stark reminder of the human cost behind the allegations.

The Royal Commission into Aged Care Quality and Safety, which took place between 2019 and 2020, unearthed 'unacceptably high levels of substandard care' in for-profit aged care centers, including systemic understaffing and failures in staffing skill-mix.

Despite these findings, the lawsuit claims Bupa did not sufficiently alter its practices to meet the minimum acceptable level of care required under Australian law.

Echo Law's senior associate, Lauren Meath, emphasised that while staff on the ground are doing their best, systemic failures at the corporate level are preventing residents from receiving the care they need and deserve.

'These are systemic failures at the corporate level and the expense of residents,' Dr Meath stated.

The class action seeks to hold Bupa accountable for these alleged failings, aiming to recover damages for breach of contract and breaches of consumer guarantees under Australian Consumer Law.

It's a fight for the rights of aged care residents, who, according to Dr Meath, are 'all too often ignored.'

In response to the lawsuit, a Bupa spokesperson stated that the company had received the claim and was reviewing it.

They highlighted investments made since 2019 in their people, leadership teams, and model of care, which they claim have improved quality and compliance outcomes.

However, the matter is now before the courts, so they declined to comment further.

For our readers with loved ones in aged care, this lawsuit may be a wake-up call to monitor the care being provided closely.

It's a reminder to ask questions, demand transparency, and, if necessary, take action when care standards are not met.

The well-being of our seniors is non-negotiable, and it's crucial that aged care providers are held to the highest standards.

Key Takeaways

• A class action lawsuit has been filed against Bupa Aged Care Australia, alleging poor-quality care and breaches of contractual obligations and consumer guarantees under Australian Consumer Law.
• The lawsuit covers a period from July 1, 2019, to April 1, 2025, and claims Bupa failed to provide adequate staffing levels and manage acceptable care standards as found by the Royal Commission into Aged Care Quality and Safety.
• Echo Law, the firm that filed the lawsuit, argues that Bupa marketed itself as a high-quality provider but consistently fell below minimum acceptable benchmarks for care.
• The class action seeks to enforce the rights of aged care residents and recover damages, while a Bupa spokesperson stated that the company has invested in improving their care since 2019 and will review the claim.

Have you or your loved ones faced similar challenges? What steps did you take to address them? Your stories can help others navigate this complex and emotional journey, and together, we can advocate for the respect and care our seniors deserve.

 

[GranniCaz]

Regulators? Where are they? Endemic failure at corporate level …. Is the FAULT of our abjectly neglectful REGULATORS!
Every Elder deserves dignified care at End of Life; ESPECIALLY is they are paying a provider to do so AND have paid taxes over their life time to governments who ultimately FAIL them through regulatory NEGLECT.
THE FISH IS ROTTEN AT THE HEAD

 

[IAN3005]

Regulators? Where are they? Endemic failure at corporate level …. Is the FAULT of our abjectly neglectful REGULATORS!
Every Elder deserves dignified care at End of Life; ESPECIALLY is they are paying a provider to do so AND have paid taxes over their life time to governments who ultimately FAIL them through regulatory NEGLECT.
THE FISH IS ROTTEN AT THE HEAD

Their only concern is the BOTTOM LINE.....$$$$$$$$

 

[Rain72]

My mother died in a Bupa Aged Care Home in 2015. I would love to add my testimony to support those involved in this class action, despite the time period difference. When she first went in to that Home, the care was excellent, although she and I were both seriously misled by the admissions manager resulting in a room mixup that caused huge stress and upset and in her ending up in a very noisy and unpleasant room, away from friends she had made quickly after her admission.

They changed general managers a few months after her admission and everything went downhill. Staff numbers reduced. Everything became about profit. My mother was subjected to bullying and shocking neglect. In particular, she was reprimanded for taking tea to her room, which she did because they forced her to sit for meals opposite a woman who stole food from her plate and threw food. My mother was alert and looking for intelligent conversation at meal time, and they made eating a misery. She left the dining room early and took her tea to her room looking for peace and they told her she was not allowed to do that! She eventually stopped eating because they made meal time so unpleasant.

The poor standard of care was deeply disturbing, and I made many complaints. But it was hard to complain for fear of retribution. If I complained, she suffered.

I will never forgive Bupa management for the appalling act they pulled the night she died. She had repeatedly said her greatest fear was dying alone. She even went into the rooms of strangers and held their hand in their last hours so they wouldn't be alone. On the night she died, I wanted to stay with her. Bupa management and the doctor they called insisted she was not near death and demanded I leave, saying they would call me immediately if her condition changed. Not only did they not call me, but they left her alone with her door closed, knowing she was close to her end. She died alone. And they did not contact me until two hours after her death, because they didn't know she was gone. They were not checking on her regularly, and they completely ignored evidence of her condition, her own pleas to not be left alone, and my pleas to allow me to stay.

After her death, I asked management to account for the cash she had drawn for daily spending. They produced signed dockets claiming she had made purchases. The signatures were not hers and the items allegedly purchased were items she would never have bought. They actually went so far as to forge her signature on cash dockets rather than surrender cash she had been holding to her estate - knowing a handwriting analysis could not be justified for an amount of less than $500.00! There were also valuable items missing from her room after her death. Unless Bupa security was abysmal, nobody but immediate family and Bupa employees had entered the room. Family did not take those items.

 

[Benny's Light]

My parents were in a very good nursing home that was run by a family who created the nursing home because they could not find one that suited their parents' needs. It was a great place and we did not have to worry. They were happy. However, it has been bought out by a big company and now is a very different place. I worry about us in the future and what will be around except for big business based on profit.

 

[Ronloby]

My mother DIED at a Bupa nursing home due to the lack of staff. She fell from a bath chair due to only one not two assistances attending to bath time. She fell out of the chair and smashed her head on the floor and died several days later in hospital. A coronial inquest was denied by the reviewing doctor.

 

[Mika in the van]

My mother is 92 and very independent. She wonders if she should be in a nursing home, due to her age, but all the horror stories tell us she would hate it. Instead we are getting her all the home help she needs so she can still potter around in her beloved garden and enjoy her group outing once a week. Things we know she would have to give up in a home.

 

[Macarj]

My wife and her sister looked after their mum 6mths each because we didn't want to put her in an old peoples home she died at 94 from old age but was still joking around the day before so she was happy till the end

 

[Colette 3799]

We were lucky with my Mum. We got her into a home just ten minutes away and someone would call in everyday. We knew some of the staff personally and all were lovely. The only time she seemed worried was when a certain casual was on shift and she reckoned he watched her get undressed so if he was working she would put her nightie on before he came in. She obviously felt uncomfortable but no one else worried about him. The support we got during my mums last hours was amazing. You hear such stories about abuse and neglect it’s scary. I hope I get to stay in my own home when my time comes.

 

[Towing]

A Govt. Dept states the number of staff required. However in some cases 2 staff members are needed to tend a resident. The Dept. does not take that into account at all. Bupa gives their residents a choice of food which is on a printed menu on a notice board. That way allergies are catered for. I heard about a resident who was left sitting in just her underwear. According to another resident in the same room the resident had refused to get dressed.

 

[Sherril54]

Most Aged care faciliies are privately owned, so they expect to make a profit. They charge large sums of money as well. This means at the cost of resources for their clients. Although some look good and promise the world I know of many poor outcomes for elderly who are placed in their care. Like falls, neglect, loneliness, lack of health care and required medication, poor nutrition or lack of food. These are examples from friends who have placed their elderly relatives in these places. I refused this when it came to my mother and now my aunt who lives with me. THIS INDUSTRY NEEDS CLOSER SUPERVISION AND REGULATION, how on earth did BUPA and others get away with it??

 

[Liz]

My Mum had cancer and the hospital put her in a Tri-Care nursing home, absolutely horrid and the nursing staff were terrible to me when she passed away. Fortunately, my cousin worked in the Aged Care Sector and complained to the management about the way I was treated. But just recently here in Brisbane all the Tri Care nursing homes rated as the lowest of all the nursing homes. A friend of mine's mother was in a BUPA home and the walls were paper thin and the residents heard all the other residents business, fortunately she was moved to a much nicer nursing home quite a distance away.

 

[Miss Chris]

My mother died in a Bupa Aged Care Home in 2015. I would love to add my testimony to support those involved in this class action, despite the time period difference. When she first went in to that Home, the care was excellent, although she and I were both seriously misled by the admissions manager resulting in a room mixup that caused huge stress and upset and in her ending up in a very noisy and unpleasant room, away from friends she had made quickly after her admission.

They changed general managers a few months after her admission and everything went downhill. Staff numbers reduced. Everything became about profit. My mother was subjected to bullying and shocking neglect. In particular, she was reprimanded for taking tea to her room, which she did because they forced her to sit for meals opposite a woman who stole food from her plate and threw food. My mother was alert and looking for intelligent conversation at meal time, and they made eating a misery. She left the dining room early and took her tea to her room looking for peace and they told her she was not allowed to do that! She eventually stopped eating because they made meal time so unpleasant.

The poor standard of care was deeply disturbing, and I made many complaints. But it was hard to complain for fear of retribution. If I complained, she suffered.

I will never forgive Bupa management for the appalling act they pulled the night she died. She had repeatedly said her greatest fear was dying alone. She even went into the rooms of strangers and held their hand in their last hours so they wouldn't be alone. On the night she died, I wanted to stay with her. Bupa management and the doctor they called insisted she was not near death and demanded I leave, saying they would call me immediately if her condition changed. Not only did they not call me, but they left her alone with her door closed, knowing she was close to her end. She died alone. And they did not contact me until two hours after her death, because they didn't know she was gone. They were not checking on her regularly, and they completely ignored evidence of her condition, her own pleas to not be left alone, and my pleas to allow me to stay.

After her death, I asked management to account for the cash she had drawn for daily spending. They produced signed dockets claiming she had made purchases. The signatures were not hers and the items allegedly purchased were items she would never have bought. They actually went so far as to forge her signature on cash dockets rather than surrender cash she had been holding to her estate - knowing a handwriting analysis could not be justified for an amount of less than $500.00! There were also valuable items missing from her room after her death. Unless Bupa security was abysmal, nobody but immediate family and Bupa employees had entered the room. Family did not take those items.

What an awful experience for you both, especially your mum. No one wants to die alone I think, and it’s awful that you couldn’t stay with her in her room, I mean what’s the big deal anyway, it wouldn’t have hurt the doctor or anyone else……. And not being allowed to take tea in her room and being prevented from going to a different table to eat her meals…….There is no need for them to be so strict….

 

[Sherril54]

My mother died in a Bupa Aged Care Home in 2015. I would love to add my testimony to support those involved in this class action, despite the time period difference. When she first went in to that Home, the care was excellent, although she and I were both seriously misled by the admissions manager resulting in a room mixup that caused huge stress and upset and in her ending up in a very noisy and unpleasant room, away from friends she had made quickly after her admission.

They changed general managers a few months after her admission and everything went downhill. Staff numbers reduced. Everything became about profit. My mother was subjected to bullying and shocking neglect. In particular, she was reprimanded for taking tea to her room, which she did because they forced her to sit for meals opposite a woman who stole food from her plate and threw food. My mother was alert and looking for intelligent conversation at meal time, and they made eating a misery. She left the dining room early and took her tea to her room looking for peace and they told her she was not allowed to do that! She eventually stopped eating because they made meal time so unpleasant.

The poor standard of care was deeply disturbing, and I made many complaints. But it was hard to complain for fear of retribution. If I complained, she suffered.

I will never forgive Bupa management for the appalling act they pulled the night she died. She had repeatedly said her greatest fear was dying alone. She even went into the rooms of strangers and held their hand in their last hours so they wouldn't be alone. On the night she died, I wanted to stay with her. Bupa management and the doctor they called insisted she was not near death and demanded I leave, saying they would call me immediately if her condition changed. Not only did they not call me, but they left her alone with her door closed, knowing she was close to her end. She died alone. And they did not contact me until two hours after her death, because they didn't know she was gone. They were not checking on her regularly, and they completely ignored evidence of her condition, her own pleas to not be left alone, and my pleas to allow me to stay.

After her death, I asked management to account for the cash she had drawn for daily spending. They produced signed dockets claiming she had made purchases. The signatures were not hers and the items allegedly purchased were items she would never have bought. They actually went so far as to forge her signature on cash dockets rather than surrender cash she had been holding to her estate - knowing a handwriting analysis could not be justified for an amount of less than $500.00! There were also valuable items missing from her room after her death. Unless Bupa security was abysmal, nobody but immediate family and Bupa employees had entered the room. Family did not take those items.

That is such a dreadful story, it would be hard enough to leave your mother under those circumstances. Are you going to sue them for doing this to your mother and your family?, I hope you do!

 

[Ivory]

One of the biggest issues is Quality Assurance or Accreditation. Much is made of ensuring all the paperwork is in place, but there is minimal focus on the quality of personal care. I’ve been receiving support from a provider for almost three years. This organisation has been accredited twice and have “passed” well. No body on the accreditation team checked my paperwork which is now just over two years out of date. I could still walk when the paperwork was originally done but I am now fully wheelchair dependent, a huge difference in care requirements. Quality should reflect quality in care, and not just quality in the paperwork.

 

[IAN3005]

My mother died in a Bupa Aged Care Home in 2015. I would love to add my testimony to support those involved in this class action, despite the time period difference. When she first went in to that Home, the care was excellent, although she and I were both seriously misled by the admissions manager resulting in a room mixup that caused huge stress and upset and in her ending up in a very noisy and unpleasant room, away from friends she had made quickly after her admission.

They changed general managers a few months after her admission and everything went downhill. Staff numbers reduced. Everything became about profit. My mother was subjected to bullying and shocking neglect. In particular, she was reprimanded for taking tea to her room, which she did because they forced her to sit for meals opposite a woman who stole food from her plate and threw food. My mother was alert and looking for intelligent conversation at meal time, and they made eating a misery. She left the dining room early and took her tea to her room looking for peace and they told her she was not allowed to do that! She eventually stopped eating because they made meal time so unpleasant.

The poor standard of care was deeply disturbing, and I made many complaints. But it was hard to complain for fear of retribution. If I complained, she suffered.

I will never forgive Bupa management for the appalling act they pulled the night she died. She had repeatedly said her greatest fear was dying alone. She even went into the rooms of strangers and held their hand in their last hours so they wouldn't be alone. On the night she died, I wanted to stay with her. Bupa management and the doctor they called insisted she was not near death and demanded I leave, saying they would call me immediately if her condition changed. Not only did they not call me, but they left her alone with her door closed, knowing she was close to her end. She died alone. And they did not contact me until two hours after her death, because they didn't know she was gone. They were not checking on her regularly, and they completely ignored evidence of her condition, her own pleas to not be left alone, and my pleas to allow me to stay.

After her death, I asked management to account for the cash she had drawn for daily spending. They produced signed dockets claiming she had made purchases. The signatures were not hers and the items allegedly purchased were items she would never have bought. They actually went so far as to forge her signature on cash dockets rather than surrender cash she had been holding to her estate - knowing a handwriting analysis could not be justified for an amount of less than $500.00! There were also valuable items missing from her room after her death. Unless Bupa security was abysmal, nobody but immediate family and Bupa employees had entered the room. Family did not take those items.

This is why I visited my mother 3 x a day for 5 years when she was admitted into a nursing home. I warned the manger from the get go that I could be a pain in the arse.
After 3 months, the other residents asked if I owned the place as the standard had improved.

 

[Colette 3799]

One of the biggest issues is Quality Assurance or Accreditation. Much is made of ensuring all the paperwork is in place, but there is minimal focus on the quality of personal care. I’ve been receiving support from a provider for almost three years. This organisation has been accredited twice and have “passed” well. No body on the accreditation team checked my paperwork which is now just over two years out of date. I could still walk when the paperwork was originally done but I am now fully wheelchair dependent, a huge difference in care requirements. Quality should reflect quality in care, and not just quality in the paperwork.

The accreditation system is a joke. I worked in disability and going back to a few years ago, the organisation would bring people from America to do the accreditation - cost a fortune! It was just a waste as far as I could see. But everything looked good on paper. On the whole it was a good organisation but several things were brought up but never addressed so what was the point. But my issue was why go overseas when an accreditation could have been done right here with the same result. In a non profit organisation that money could have been spent elsewhere where it was needed

 

[Meggzz]

From my experience of visiting friends in nursing homes it is Hell on earth ! Some carers hate the job but haven’t the skills for elsewhere so they dont have compassion or empathy. Often I have seen residents spoken to in a condescending , patronising manner. Staying in one’s home with help would be a happier outcome .