Review Finds Deaths of Two First Nations Boys ‘Preventable’ After More Than 100 Days in Isolation

DISCLAIMER: This story contains details around the deaths of two Aboriginal youths, and may be distressing to some readers.

The death of two First Nations children with disabilities who spent extensive time in isolation while in youth detention has raised concerns about whether solitary confinement is a justified practice.

Last Thursday, The Child Death Review Board’s annual report for 2022-23 was tabled in Parliament. It highlighted an anonymised case of two First Nations children – one died by suicide, and the other by an overdose – after spending time in a youth detention centre. Both boys were suspected to have undiagnosed foetal alcohol syndrome which had not been properly identified before their sentencing.

The report found that the boys had a history of trauma, exposure to violence, substance abuse, disengagement in school and subsequent involvement in the criminal justice system.Of the 376 days one of the boys spent in youth detention, 78% of his time was spent in “separation”.

In Queensland, separation is defined as placing a young person in a locked room by themselves for a purpose defined in section 21 of the Youth Justice Regulation 2016.

The other boy, who spent 319 days in youth detention, was confined to his cell for more than 22 hours a day on 55 separate days. 22 days of his detention were spent in his cell for 23 hours, and on three occasions, he spent 24 hours in his cell without a break.

The report details incidents of bullying and victimisation of one of the boys from other young people in detention.

“Records show he was spat on by other young people, punched in the head, had water thrown on him and was bullied because of his size,” the report said.“

Records show this boy requested to move cells because he feels he is being bullied …[and]… that he is sick of the sexualised behaviours and inappropriate comment[s] by some of the other young people in the unit,”

“When he considered that this move was not actioned quickly enough, he tried to flood his cell and his access to water was turned off. He reported spending additional time in his cell by choice because he felt unsafe.”

Understaffing was found to be the reason for most of the recorded separations. A report by Guardian Australia last year into Cleveland youth detention centre’s use of solitary confinement discovered that children were locked in “separation” for weeks, receiving little to no school or alternative forms of rehabilitation. Cleveland is one of three youth prisons across Queensland.

The report claimed that these extensive separation periods “significantly impacted” one of the boy’s access to education, therapeutic and cultural programs, social and leisure activities, exercise, fresh air, and sunlight.

Records found that the boys would experience heightened emotions and behaviours as a result of periods of separation, and that the more they were locked in confinement, the more they were involved in incidents.

“Periods of separation, isolation, or solitary confinement can impact a child’s health and wellbeing in severe, long-term and irreversible ways,” it said.“

“Being confined in a cell for extended periods of time, without interaction with peers, family, culture, and support networks creates an environment of re-traumatisation. Research has shown pre-existing mental health problems are likely exacerbated by experiences during incarceration, such as isolation, boredom and victimisation.”

Separations were therefore labelled “counterproductive” by the Child Death Review Board, claiming that these practices “create problems with reintegration” and “fail to address the underlying causes of behaviour”.



Adele is the Junior Writer & Producer for VICE AU/NZ. Follow her on Instagram and Twitter here.

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