Report finds children in care overrepresented in youth justice

Almost one quarter of children and young people who are detained in the Adelaide Youth Training Centre are under the legal guardianship of the state and are likely to be living in large residential care homes, a new report from our office has found.

A PERFECT STORM? Dual status children and young people in South Australia’s child protection and youth justice systems is the first report from a series of papers looking into the disproportionate number of children and young people who enter the youth justice system from residential care.

The report highlights that it’s not that these individual children and young people are inherently ‘criminal’ but that systems make their criminalisation more likely.

This suggests the state’s child protection system is struggling to undertake its core function of keeping children and young people safe – a concern that our office raised last week in the wake of the release of our annual report.

This new report finds that inadequate planning, policy, procedure, and communication across government and non-government systems mean that children and young people in care who need therapeutic support are instead being drawn into the criminal justice system.

The United Nations Committee on the Rights of the Child recently stated that Australia’s child protection systems are insufficiently resourced, resulting in poorly supported staff, inadequate placement matching, and excessive reliance on police interference and youth justice systems to manage behavioural problems without providing appropriate therapeutic intervention.

Guardian for Children and Young People and Training Centre Visitor Penny Wright states that each of these factors contribute to the overrepresentation of those in care entering the youth justice system.

Ms Wright notes these vulnerable children and young people have been exposed to significant trauma and abuse prior to entering the child protection system and are not being provided with the care and support they need to heal.

“Instead of being provided with the essential therapeutic care they need, these young people are being put into homes and looked after by inadequately supported staff with other young people who come from troubled backgrounds. The young people’s behaviour is ‘managed’ by police and the youth justice system, and then at the end of the day they are taken back to the same environment in which the criminal behaviour took place,” Ms Wright said.

“What these children and young people need is a system that focusses on their safety and well-being first and foremost, keeping in mind the difficult circumstances that brought them into the system in the first place.”

“As one dual status young person eloquently said: ‘They kept putting us in the same situation but expecting a different outcome’.”

Download the first dual status report.

Further reports from this series will be made available in the coming months.

Training Centre Visitor team wraps up pilot inspection

The Training Centre Visitor Unit has wrapped up its pilot inspection of the Adelaide Youth Training Centre (AYTC).

As November marked the 30th anniversary of the United Nations Convention on the Rights of the Child, it is timely this inspection – which assesses the conditions and management of the children and young people who are detained there, and ensuring their rights are being upheld – was carried out.

Training Centre Visitor Penny Wright said the inspection is the cultivation of two years of hard work from the TCV Unit staff in establishing the TCV program and building relationships with the residents and staff.

“My dedicated team has worked hard, visiting the training centre every fortnight to advocate for the rights and best interests of the residents. Through this consistent visiting program we have been able to get an accurate picture of what life is like for the children and young people detained in the centre,” Penny said.

“By combining our learnings from the past two years with the voices of residents and staff we have heard during the inspection, we can create a better understanding of how to work together with Youth Justice to ensure the children and young people have a brighter future and have the capacity to reach their full potential.”

As part of the inspection, the TCV Unit staff met with AYTC residents, staff and management to talk about what life is like in the centre, covering topics such as resident safety, health care, cultural rights, respect and dignity, education and training, case planning and access to grievance processes. They also facilitated focus groups and reviewed documents.

Input from residents was enthusiastic and thoughtful and guarantees that our reporting can reflect their voices loudly and clearly.

Here are some of the things the residents told us:

  • ‘The health centre is my favourite place to go – it makes me happy and comfortable.’
  • ‘I like all the staff really’.
  • Respect is ‘talking to me normally and makes me feel good!’
  • ‘I am scared I will lose my grandpa while I am in here – and I am not able to hold his hand.’
  • Respect is ‘being believed and not made to be a liar.’
  • ‘I wanna pass that [year 11] and go do my SACE.’
  • ‘We should get more elders in.’
  • ‘The staff are heaps good. They talk to you in good ways, help you out. They care about you.’
  • ‘I identify myself as a young offender. The kids aren’t proud, they’re scared…’

We would like to thank the children and young people and AYTC staff and management for being part of this inaugural inspection and sharing their thoughts about what life in the centre is like for them.

Findings from the inspection will help shape the way the TCV program and future inspections are run and developed. The inspection also provides valuable experience as we gear up for the imminent introduction in South Australia of the United Nations’ Optional Protocol to the Convention Against Torture and other Cruel, Inhuman and Degrading Treatment or Punishment (OPCAT).

A formal Inspection Report will be provided to the Minister for Human Services for presentation to Parliament in early 2020.

Here are some of the artworks the residents created during the inspection.

Inadequate placement matching causing fear among children and young people in care

An overwhelmed system continues to see some children and young people removed from their families but placed in care environments where they are still at significant risk of harm.

The 2018-19 Guardian for Children and Young People’s Annual Report has highlighted concerns about deficiencies in placement allocation and matching for children and young people in care, particularly those living in residential care.

The availability of family-based care falls drastically short of the number of children and young people coming into care. As a result, too many children are being put into temporary and long-term residential and commercial care without adequate planning and/or appropriate matching with other residents, and with inadequate consultation of the children and young people affected.

This results in some children and young people being subject to serious physical and sexual abuse, perpetrated by their co-residents. In other cases, children and young people have sustained emotional and psychological harm from co-resident intimidation, bullying, verbal taunts and threats, and witnessing critical incidents of physical violence and property damage.

“In consideration of the extensive trauma that many of these young people have already experienced, ongoing exposure to trauma and abuse in care creates a significant risk of harm – both immediate and cumulative,” Guardian Penny Wright said in the report.

Data from enquiries received by our office noted that the majority of children and young people who directly initiated contact with us were living in residential care and commercial care arrangements, with the primary presenting issues being safety and stability in care.

A lack of disability-specific therapeutic placements to cater for the needs of children and young people with disabilities and trauma-related behaviours, was also a cause for concern.

Furthermore, the annual report highlighted that some children and young people in care who have been detained at the Adelaide Youth Training Centre (known as ‘dual involved’) have elected to remain there because of feeling fearful and unsafe in their primary place of residents in residential or commercial care.

In other instances, young people are being unnecessarily detained for longer periods in the AYTC than would otherwise be the case, due to lack of placement availability and/or challenges in communication across the child protection and youth justice systems.

The additional concerns of these ‘dual involved’ children and young people are a focus for our office, and we are currently preparing a report due to be released next month addressing the issues that these children and young people face.

Read the annual report in full.

Remembering the promise to our children

picture of Penny Wright

By Guardian Penny Wright

30 years ago, world leaders made a promise to all children. It was a promise that stated that children around the world will not be discriminated against, the decisions that affect them will be in their best interests and they will be provided with opportunities to develop and reach their full potential.

This promise is known as the United Nations Convention on the Rights of the Child (UNCRC).

For the first time, the UNCRC set out 54 rights for all children, and described how adults and governments should work together to ensure these rights are made available to them. This commitment from world leaders changed the way children were viewed and treated. It gave young people a voice and established that they have basic fundamental rights to survival, development, safety, education, to know or have a relationship with their parents and to express their opinion and be listened to.

This is the most widely ratified international human rights treaty in history. Since it was adopted in 1989, 195 countries have signed up. Only two are yet to ratify: South Sudan and the United States.

Since then, the South Australian parliament has established additional rights for children and young people who are in care, away from their parents, and in detention, locked up in the Adelaide Youth Training Centre. These are the children and young people who fall under my mandate as Guardian and Training Centre Visitor.

Unable to be with their parents, these South Australian citizens have special rights above and beyond the rights outlined in the UNCRC. But thirty years on, what does this all mean for them?

Today, in South Australia we are seriously failing many of the children and young people who need our help the most. The world made a promise but 30 years later children continue to be separated from their family and culture, their identity fractured, moved from placement to placement with little say over the conditions of their lives and excluded from school or locked up from as young as ten for behaviour that is a symptom of their own trauma, neglect, abuse and loss.  Many of these young people have undiagnosed disabilities or trauma-related conditions which go untreated. More than a quarter become entrapped in both the child protection and the youth justice system.

Last month, the United Nations Committee on the Rights of the Child called for Australia to raise the minimum age of criminal responsibility.

The Committee critiqued Australia’s child protection systems and its excessive reliance on police and the youth justice system when dealing with children’s behavioural problems, rather than providing the appropriate therapeutic services or intervention. It also highlighted that Aboriginal children and young people continue to be over-represented in both the child protection and youth justice systems.

In September of this year, a 12-year-old Arrernte/Garrwa boy, Dujuan, travelled to Geneva and became one of the youngest people ever to give a speech to the Human Rights Council of the United Nations. The young star of an acclaimed documentary, In My Blood It Runs, he shared his experiences about the youth justice system and his alienation from school to build support for Aboriginal-led education models that would help prevent youth offending and support their crucial connection to culture and language.

Dujuan’s speech gave voice to the young Aboriginal people who are at risk or have already entered the youth justice system. It highlighted that somewhere along the way we have forgotten the promise we made to our children that we would protect them and put their best interests at the forefront of everything we do.

As we mark the 30th anniversary of the UNCRC, I call on the government to remember the promise we made 30 years ago and raise the minimum age of criminal responsibility to 14 years of age so we stop ‘punishing’ young children when their troubled behaviour clearly tells us what they need most is support, nurture and care.

Getting to know: our Assessment and Referral Officers


Assessment and Referral Officers Courtney Mostert and Sonia Regan

Have you ever wanted to know what happens when a child or young person in care (or an adult from their lives) calls the Guardian for Children and Young People’s office with concerns about the child or young person’s rights and best interests? We sat down with our Assessment and Referral Officers Courtney Mostert and Sonia Regan to find out.

What is an Assessment and Referral Officer?

An Assessment and Referral Officer (ARO) is responsible for assessing all initial enquiries, including gathering information and determining if there is a role for the Guardian for Children and Young People’s (GCYP) Advocates.

What happens when a child or young person calls the GCYP?

When a child or young person first calls the GCYP they will be directed to us. We will gather information including their name and place of residence, their contact information, and the key issues they are concerned about.

We will attempt to determine if the young person is safe and if the Department for Child Protection (DCP) knows where they are. If the child or young person has a current Missing Person Report (MPR), the ARO has a duty of care to let DCP know of their contact with the child or young person. The ARO is also required to report any reasonable suspicion that a child is being abused or neglected to the Child Abuse Report Line (CARL).

Once the information has been gathered from the young person, the ARO, in consultation with the Principal Advocate and the Advocacy Team, will determine whether there is a role for GCYP.

Can an adult call on behalf of a child or young person?

An adult (e.g. carers, teachers, birth parents) who may be concerned about the rights and best interests of children and young people in care can call us. We will explain the role of the GCYP and highlight the office’s focus on the voice and rights of children and young people in care.  We may encourage the adult to support the child or young person to contact GCYP directly, if they are able to.

We will seek information about the child or young person and the adult’s relationship to the young person to determine if the query is ‘in mandate’ and how best to help the individual young person.

What happens if the query/request falls outside the mandate?

GCYP’s role is restricted to advocating for and promoting the rights and best interests of the children and young people who are under the custody or guardianship of the Chief Executive of DCP.

An enquiry is ‘out of mandate’ if it relates to a child or young person who is not under custody or guardianship of the Chief Executive or who is not detained at the Adelaide Youth Training Centre (as mandated under the role of our office’s Training Centre Visitor).

The ARO will redirect these enquiries to an alternative service or process that can better respond to the issue.

How do you assess what role the GCYP will take on behalf of the child or young person?

GCYP’s role will look different depending on the presenting issues and the child or young person’s circumstances.

GCYP has a ‘threshold’ for intervention, which helps determine our response to requests for advocacy. The ARO will assess the request against the following threshold:

  • The issue has – or would have – a significant impact on the young person if it is not addressed. This includes where the matter poses an immediate safety risk or the nature of the issue will result in cumulative harm over time.
  • The young person is – or would be – seriously disadvantaged by a decision or a lack of service.
  • The issue has not been – or is unlikely to be – resolvable through other means in a timely way.

Additional consideration is also given to young people from priority groups, including children and young people who:

  • are Aboriginal and/or Torres Strait Islander
  • are culturally and linguistically diverse
  • have a disability, or
  • have suffered, or are alleged to have suffered, sexual abuse.

What are some examples of how you can help?

  • Talking with the young person about how they can use their own voice to raise the issue with their allocated DCP worker, their worker’s supervisor, or an existing complaints process
  • Helping the young person to identify someone in their own network who can support them to advocate for themselves
  • Talking with the adult enquirer about how they can advocate for the child or young person as a natural advocate and/or member of the care team, or other steps they need to take before GCYP will intervene
  • Making enquiries with DCP, on the young person’s behalf (and with their consent) to try to resolve the issue, before formal advocacy is necessary
  • Obtaining information from DCP to conduct a comprehensive assessment of the presenting issue/s and submitting a formal, written advocacy position to DCP on the young person’s behalf.

Upon initial contact, the ARO may refer the matter to an Advocate immediately, if it looks like the presenting issues will require ongoing advocacy support.

If the young person identifies as Aboriginal, the ARO will offer for them to speak directly with one of GCYP’s Advocates for Aboriginal children.

Do you address systemic issues that affect a larger cohort of children and young people in care?

We welcome contact from children and young people, and adults in the child protection space, in relation to the broader, recurring issues that affect the rights and best interests of children and young people in care.

One of the GCYP’s functions is to inquire and provide advice to the Minister in relation to systemic reform necessary to improve the quality of care provided for children and young people under guardianship.

Systems issues often take time, and persistence, to improve and resolve. GCYP may not be able to directly or immediately pursue a systems issue you raise with us; however, hearing about your concerns will provide us with unique insight into the circumstances and processes that affect children in care, generally, and will help us to prioritise issues for systemic advocacy in the future.

Training Centre Visitor’s Annual Report 2018-19

The number of children and young people detained in the Adelaide Youth Training Centre (AYTC) in 2018-19 has decreased, although residents who are Aboriginal or in care continue to be overrepresented, according to the latest Training Centre Visitor’s Annual Report.

Here is a snapshot of the report.

The year by numbers

In 2018-19, there were 608 admissions to the AYTC concerning 299 children and young people. Of these 299 individuals:

  • each resident was detained on average, two times
  • 50.5% were Aboriginal
  • 31.1% were children and young people under guardianship, primarily from residential care
  • 19.3% were females
  • 64 admissions were for children aged 10-12 years (an increase from last year).

Issues of concern

Issues of concern summarised in the 2018-19 annual report had already been identified throughout the year during our visiting and advocacy programs and review of records. The Training Centre Visitor Unit accordingly had made recommendations (based on the voices of the residents) prior to this report, about these concerns, including in relation to:

  • semi-naked searches
  • complaint processes
  • isolation and use of safe rooms
  • inadequacy of Aboriginal programs and cultural support
  • resident right to privacy
  • female hygiene products
  • incidents and use of force
  • room standards
  • unavailability of critical data (e.g. no data is currently available for residents with a physical, psychological or intellectual disability).

Positive changes to enhance wellbeing and safety of residents

The following positive changes have been made by the AYTC staff and management to enhance the wellbeing and safety of residents:

  • a reduction in the frequency, and improvement in recording of semi-naked searches
  • introduction of a ‘Yarning Circle’ (cultural program) for Aboriginal female residents
  • the development of a Medical Locum Attendance Log that tracks each medical incident from point of identification to the attendance of a locum
  • recognition of the need to develop better understanding of the needs of African and Muslim residents through building relationships with their communities.

Advocacy

The TCV Unit received 48 requests for advocacy, with 40 suitable for TCV advocacy on behalf of 31 residents.

The main themes for individual advocacy matters were:

  • use of safe rooms, isolation and lockdowns
  • interactions and access to staff
  • unit transitions and routines
  • placement within the centre and lengthy remand.

The TCV Unit worked with the Guardian’s Advocates (who have a mandate for children in care) to address the needs of nine individuals who required advocacy about their care and treatment within the AYTC and in care.

Looking forward

In the 2019-20 financial year, along with our ongoing visiting program and review of records, we will be:

  • conducting a pilot inspection later this month
  • continuing to address the absence of advocacy protection of the right of children and young people in the justice system while they are outside the walls of the AYTC (currently we are only mandated to advocate and oversee the best interests of this cohort when they are physically within the walls of the centre). We have recommended that the TCV mandate should expand to include these children and young people, ensuring the role meets the requirements of OPCAT (which Australian must put into place in late 2020).

Read the report in full.

TCV Unit prepares for pilot inspection to be held next month

The Training Centre Visitor (TCV) will conduct a pilot inspection of the Adelaide Youth Training Centre (AYTC) in late November. Such inspections, which are independent of government, aim to monitor standards and prevent abuse in places of detention. They are common around the world and elsewhere in Australia.

This pilot inspection is the first since the establishment of the TCV role and has been designed to provide oversight of the management of the training centre and the conditions of residents in the context of the Youth Justice Administration Act 2016, the Aboriginal and Torres Strait Islander Youth Justice Principle and the Charter of Rights for Youths Detained in Training Centres. Ultimately it is about ensuring the rights of the children and young people detained within the centre are being met and that the environment is conducive to meeting the objective of the Youth Justice Administration Act, including rehabilitation.

 What is the Training Centre Visitor Program?

The TCV Program was established in November 2017 to provide oversight of the rights of children and young people sentenced or remanded in custody in the AYTC. The role of Training Centre Visitor is held by Penny Wright (who is also the Guardian for Children and Young People) and she is supported by her staff in the TCV Unit to carry out functions outlined in the Youth Justice Administration Act 2016:

  • conduct visits to training centres
  • conduct inspections of training centres
  • promote the best interests of the residents of a training centre
  • act as an advocate for the residents of a training centre – to promote the resolution of issues to do with their care, treatment and control
  • inquire into and provide advice to the Minister in relation to any systemic reform needed to improve the care, treatment and control of residents or the management of a training centre, and
  • inquire into and investigate any matter referred by the Minister.

When is the pilot inspection?

The pilot inspection will be held over a week at the end of November.

How will the inspection be conducted?

Activities during the inspection week will include scheduled visits, individual interviews with residents, staff and management, focus groups and analysis of TCV and Departmental records from the past 12 months. These activities will be conducted at different times of the day and night, including the weekend, to give core stakeholders (e.g. residents and AYTC staff) the opportunity to be involved and have their say.

Information acquired, and observations made in the inspection process will then be complemented by information obtained through the TCV’s ongoing advocacy, visiting programs and reviews of records over the past 12 months. This will enable us to build a picture of life for children and young people detained at the AYTC during that time, not just those who are detained during the inspection week.

What will the inspection look at?

The inspection will address 10 Standards, and associated indicators, that have been drawn from the Youth Justice Administration Act 2016, the Aboriginal and Torres Strait Islander Youth Justice Principle and the Charter of Rights for Youths Detained in Training Centres.

These standards cover topics such as resident safety, health and access to proper health care, cultural rights (particularly for Aboriginal and Torres Strait Islander children and young people, who are seriously over-represented in detention), respect and dignity, education and training, case planning and access to grievance processes.

The standards and associated inspection methodologies have been developed specifically for this pilot inspection process.

Is the inspection complaint with OPCAT?

The inspection has been developed  to meet the requirements of the Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT). Australia finally ratified this international agreement to prevent mistreatment in places of detention in late 2017 and must put measures in place to implement its requirements by the end of 2020.

These measures include setting up a National Prevention Mechanism (NPM) that must be independent from government and responsive to the needs of those held in various ‘places of detention’, including youth justice facilities. The role and functions of the TCV in the Youth Justice Administration Act 2016 were drafted to complement OPCAT requirement. The pilot inspection has been similarly designed, to the extent that current resources allow.

What will happen after the inspection?

Findings from the pilot inspection will be analysed and documented in a formal report that will be provided to the Minister for Human Services for presentation to Parliament in early 2020.

The inspection is a milestone in the establishment and implementation of the Training Centre Visitor Program. As such, the formal report will detail learning from the inspection and related processes and also make proposals about how best the TCV program and an inspection regime can develop in future years.

More information

If you have any questions about the upcoming inspection please contact the Training Centre Visitor Unit at [email protected] or by phone on 8226 8570.

Children’s Week – a safe place where children can thrive

picture of Penny Wright

By Guardian Penny Wright

As I reflect on this year’s theme for Children’s Week, that all children have the right to be healthy and safe, I wonder what this really means for the vulnerable young people who fall within my mandate as Guardian for children and young people in care.

Although there are many South Australian children and young people who have continuous access to nutritious food, quality health care and a safe home, there are many others who don’t. And for those who don’t, the consequences are far reaching, not only to their health but to the very core of their identity, family connections and faith that the world can be a good place.

The just-released Family Matters Report, which describes the over-representation of Aboriginal and Torres Strait Islander children in care, notes that a family’s access to safe and healthy housing has a profound impact on their ability to provide safe and supportive care for their children. When families cannot provide this kind of environment, it is often seen as ‘neglect’ and children are removed so they can be ‘safe’.  The paradox, as we know from my office’s own data, is that too many children and young people continue to feel, and remain, unsafe while in care.

According to the report, nearly one third of Aboriginal and Torres Strait Islander people are living below the poverty line, noting that poverty and homelessness are significant factors in decisions to remove children from their homes.

This alarming statistic reflects the over-representation of Aboriginal and Torres Strait Islander children in care; nearly 35% of children currently in care in SA are Aboriginal, with the nationwide rate being similar to that in SA.

Aboriginal and Torres Strait Island children who are removed from their homes suffer greatly from disconnection from their culture, destabilising their sense of identity and undermining relationships with their family and wider community. They are also more likely to be in care for the long-term and are less likely to be reunified with their family than non-Indigenous children.

Children don’t necessarily care for the fancy house and toys.  In fact, as highlighted in the SA Commissioner for Children and Young People’s latest report Leave No One Behind children weren’t so much concerned about the home in which they live and its contents as the emotional toll that ‘poverty stress’ creates in their families not being able to afford the basic necessities to run a household and provide safe care.

This presents us all with a wider, more systemic issue: how to ensure that families can afford to live sustainably and with dignity? There is now a chorus of voices across the social and political spectrum calling for an increase in Newstart, for instance, which has not been raised in real terms for 23 years.  From the OECD to local councils, from KPMG, former Prime Minister John Howard, the Business Council of Australia and the South Australian parliament (with unanimous multi-party support) to ACOSS and many organisations devoted to helping families in need, they all recognise that no-one can live adequately on Newstart. At a time when we have the highest number of children ever living away from their families under care and protection orders in South Australia, this is not an issue we can afford to look away from.

One of the recommendations from the Family Matters Report is to focus on preventative action and early intervention by ensuring families can obtain the resources and supports they need to provide safe care to their kids.

We all know that children can thrive when their parents are supported, and that prevention and timely intervention can be the key to children’s health and wellbeing. Rather than a future that sees more and more children taken away from their families, culture and community because of ’unsafe’ environments, it is crucial to invest in the resources families need for the healthy and safe environment in which their children can thrive. Not only will this benefit every child or young person who can ultimately stay at home with their family – but SA as a whole, as thriving kids and families contribute to a stronger, safer community.

 

Benefits of sport to improve outcomes of young people at risk

We all know sport is great for our physical and mental health. Engaging in a team sport offers many benefits, including developing our physical skills, creating a sense of belonging, boosting our self-esteem and developing resilience and social connections. Playing sport can also help us learn to cooperate and listen to others.

These benefits should not be downplayed, especially for young people who are at risk of not being exposed to developing these skills in their own home environment.

In fact, sport and human rights advocate Craig Foster recently emphasised the importance of sport in education and awareness, highlighting sport can play a fundamental role in helping young people gain a better understanding of their rights.

The UN Convention on the Rights of the Child states that children have the right to: live a full life and that governments should ensure children survive and develop healthily; join groups and organisations; and relax, play and join in a wide range of leisure activities – all of which sport can play a large role in.

The Charter of Rights for Youths Detained in Detention Centres also reaffirms the right for residents to get exercise and to go outside every day, except when the weather is bad. It also includes the right to participate in activities and programs that help a young person’s rehabilitation.

A UK review into how sport could stop people reoffending outlined that sport participation in prisons can contribute to reducing violence and conflict, developing communication skills and increasing opportunities for gaining education and employment upon release.

With this in mind, we were delighted to hear the Adelaide Youth Training Centre (AYTC) have recently installed football goal posts at the Goldsborough Road campus. Residents had campaigned for more opportunities to engage in sport so it is great to see they have been listened to and that their rights to participate in exercise and activities are being enhanced in this way.

Residents have told us they were happy with the addition of the new goal posts, with staff reporting residents are making good use of the new facilities and are enjoying the opportunity to be competitive with one another.

It will be interesting to hear what difference the addition of the goal posts will make in the lives of these young people within the centre.

Report highlights privacy issues at youth training centre

The right to privacy when using the toilet and showering, and the standard of bedroom facilities are just some of the issues of concern in the latest Training Centre Visitor’s (TCV) report.

The TCV’s Visiting Program and Reviews of Records Term 4 report reports on the visiting program and associated review of records undertaken in term 4 in 2018, at both the Jonal and Goldsborough campuses of the Adelaide Youth Training Centre (AYTC).

Privacy issues

At the time of writing the report, cameras had been fitted into some bedrooms at the Jonal campus; now all bedrooms within the campus have had cameras installed. Camera footage is viewable on multiple screens in the main office area of the unit which are visible to staff, visiting personnel and other residents. Photographs used in the Ombudsman SA’s report on the use of spit hoods in the AYTC, released last week, show that cameras in rooms directly oversee the toilet and shower area.

The TCV acknowledges the importance of cameras to monitor safety of young people at times of increased risk, but not switching cameras off for toileting or blurring certain areas of the footage undermines a young person’s inherent dignity.

AYTC residents have expressed their concern about the lack of privacy:

“They watch us on the toilet, that’s just yuck.”

“Some staff turn the screen in the office around, some cover it, but I’m always on the screen.”

“We expect to be on camera if we are fresh in, or play up or having silly thoughts, not all the time.”

This remains an issue to be resolved.

Review of bedroom standards

The standard of bedrooms was also a focus in term 4. All bedrooms were reviewed at both campuses, with some lacking the basic features and amenities that would constitute a ‘bedroom’ for other children and young people.

The National Quality of Care Standards and Design Guidelines for Juvenile Justice Facilities in Australia and New Zealand outlines that to “maxim[ise] young people’s chances of rehabilitation and reintegration into society” it recommends that each bedroom should include a bed, desk, chair, clothes storage, shelving and a secure cupboard.

It was noted in the report that some AYTC bedrooms were bleak and contained minimal furniture and very few personal items, and included the removal of light switches and carpets. If a young person was required to eat in their room, they would need to do so on their bed.

Recommendations

As a result of these findings, the TCV has recommended that young people are advised of their rights to privacy and to have the bedroom camera turned off for toileting if they so wish, as well as ensuring the bedrooms meet the minimum standards of what constitutes a bedroom.

Room refurbishment is a costly exercise, and since writing the report, staff at the AYTC are making plans to refurbish some of the rooms in the coming months.

The TCV Unit in the Guardian’s office is currently preparing to conduct the first formal inspection of the AYTC later this year which will address selected standards and monitor matters that have been raised in TCV’s earlier reports. The formal inspection report will be published early next year.