A Mother’s Anguish: Tragic Loss of Kyah Lucas Highlights NDIS Care Failures
The profound grief and enduring trauma of a mother whose daughter suffered a horrific, fatal scald have been laid bare in a NSW District Court, painting a devastating picture of a catastrophic failure in care. Kyah Lucas, a 28-year-old Indigenous woman with significant physical and intellectual disabilities, died five days after sustaining severe burns to almost half her body during a bath administered by workers from NDIS provider LiveBetter in February 2022.
Ms. Lucas, who was non-verbal and dependent on her carers due to her underdeveloped physical and intellectual capabilities, possessed fragile skin highly susceptible to injury. Her mother, Sandra Wicks, described the nightmarish ordeal, detailing how her daughter, unable to communicate her distress or self-rescue, was left in dangerously hot water. The temperature control panel later revealed the bathwater was a scorching 60 degrees Celsius, far exceeding the safe maximum of 42 degrees Celsius.
“Kyah was a little girl who trusted these people to care for her and that trust was fatally betrayed,” Ms. Wicks stated emotionally in her victim impact statement. “She fought as hard as she could but the injuries she suffered were too catastrophic.” The court heard that Ms. Lucas, unable to run cooler water over her burns or alert emergency services, relied entirely on her carers. Their failure to take these simple, life-saving actions, Ms. Wicks asserted, could have made the difference between life and death.
The two carers involved in the incident were subsequently dismissed from LiveBetter and have since been deregistered, the court was informed. Ms. Lucas passed away in a Sydney hospital, clinging to her father, but the agony she endured continues to torment her mother. Ms. Wicks revealed that she requires medication to escape recurring nightmares, where she vividly imagines her daughter trapped and suffering in the scalding water.
“The unexpected horrific death of my daughter was a catastrophic event that tore my life and my heart apart,” Ms. Wicks shared. “I live with a constant heaviness, a sadness that words cannot describe.” She fondly recalled her daughter’s vibrant spirit, describing Kyah as “cheeky and loving,” someone who brought immense joy to her loved ones with an infectious giggle that often intensified when she was being mischievous. “Kyah had an incredible ability to light up a room,” Ms. Wicks told the court.
For 28 years, Ms. Wicks served as Kyah’s voice and protector. Now, she continues to advocate for justice and accountability on her daughter’s behalf. Her powerful victim impact statement will be considered as part of the sentencing for LiveBetter, which has pleaded guilty to breaching its primary duty of health and safety in relation to Ms. Lucas’s death.
Ms. Wicks emphasised that no sentence could ever compensate for the profound loss her family has endured. LiveBetter has formally accepted responsibility for the tragedy, expressed its deepest sorrow, and offered an unreserved apology to Ms. Lucas’s family in court. Judge Wendy Strathdee assured Ms. Wicks that her daughter would never be forgotten. LiveBetter’s sentencing is scheduled for a later date.
This tragic incident follows a significant penalty for the NDIS provider. In 2024, LiveBetter was fined a record $1.8 million in the Federal Court for multiple breaches of care standards connected to Ms. Lucas’s death.
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