Urgent Crises Response Needed for Ashley YDC

Commissioner for Children and Young People, 27 August 2022

ASHLEY YOUTH DETENTION CENTRE

The Commissioner for Children and Young People, Leanne McLean has called on the Tasmanian Government to urgently establish a rapid response crisis team on the ground at Ashley Youth Detention Centre, inclusive of specialist leadership skills and child safe practitioner expertise.

“This team should be focused on both the wellbeing of detainees and the wellbeing of the staff who remain at the centre and should remain as a transitionary arrangement while the new model is agreed ahead of the closure.”

“Current chronic low staffing levels have worsened, and I am extremely concerned at the current restrictive practices, including a return to rolling lockdowns, and their impacts on the immediate safety and wellbeing of the children and young people detained there,” Ms McLean said.

“The current situation at Ashley has further deteriorated and is likely to remain that way for at least several weeks. This constitutes a gross failure to uphold the rights of children as articulated in the United Nations Convention on the Rights of the Child.”

Ms McLean said the hearings of the Commission of Inquiry into the Tasmanian Government’s responses to allegations and incidents of child sexual abuse particularly at Ashley were finalised on Friday.

“The evidence was confronting and very challenging for many in our community, particularly the many victim-survivors and those affected by child sexual abuse. The impact of the hearings on staff and staffing levels at Ashley – and therefore the children’s safety and wellbeing – was anticipated.”

However, Ms McLean said there appeared to be no sense of urgency regarding this fact and no plans were put in place to further bolster staffing prior to the hearings and prevent a return to rolling lockdowns. Ms McLean said she understands and acknowledges the significant and complex issues currently impacting on Ashley and the efforts taken to recruit and train new staff.

“The closure of Ashley and transition to a new model of detention cannot be achieved in a manner that promotes the rights and wellbeing of children and young people overnight.

“However, the Tasmanian Government’s response to the immediate appalling conditions at Ashley remains disproportionate to the level of impact on the safety and wellbeing of young people currently detained there.”

Ms McLean said a new Executive Director for Youth Justice Reform has commenced, and more staff are expected in coming weeks.

“However, these appointments will not bear an impact on the immediate safety and wellbeing of detainees for some time yet. In the meantime, children and young people as young as 11 are locked in their cells, for varying periods of time and are experiencing resultant declines in their behaviour, and their wellbeing, including attempts at self-harm. The vast majority of them have not even been sentenced.”

Ms McLean has written to the Minister for Education, Children and Youth Roger Jaensch about the Ashley crisis.

“I call on the Tasmanian Government for urgent action including interim measures to be put in place at Ashley immediately to ensure the safety of children and young people.

“Counsel Assisting the Commission of Inquiry said in her closing remarks: ‘There appears to be a lack of urgency from the government to change the situation for these children, nearly all of whom are on remand. A failure to act now and implement a transition plan before Ashley’s closure will see children continue to be subjected to inhumane and degrading conditions and continue to be at risk of child sex abuse.’

“I agree entirely with this sentiment. This situation requires an immediate innovative, child-centred and trauma-informed response. Ms McLean said she was extremely concerned that older young people might be sent to Risdon Prison.

“Transferring the children currently detained under the Youth Justice Act 1997 to an adult custodial facility is not an acceptable response.”

Quick Facts:
• The Commissioner called for the closure of AYDC in September 2021 CCYP-Media-AYDC-091021.pdf (childcomm.tas.gov.au)
• The Commissioner’s views on what is required to establish a truly therapeutic youth
justice system in Tasmania can be found here 2022-03-21-FINAL-Reforming-Youth-Justice-submission.pdf (childcomm.tas.gov.au

Media release – TasCOSS & Families and Children Tasmania, 31 August 2022

Urgent crises response needed to support vulnerable children and young people in Ashley

TasCOSS and Families and Children Tasmania have joined calls by Tasmania’s Commissioner for Children and Young People, Leanne McLean, for a rapid response crisis team to immediately be established and sent into the Ashley Youth Detention Centre (AYDC) to ensure the safety and wellbeing of the children and young people currently detained, as well as ensure the staff are supported to do their jobs.

TasCOSS CEO Ms Adrienne Picone said in the immediate short-term, a rapid response crisis team was needed to ensure the 12 children and young people (aged between 11-17) currently in detention at Ashley receive the care and support they need, as drastic staff shortages mean only a skeleton crew is left to look after the children and young people.

“These staff shortages mean the children and young people’s right to health care, education and their right to access legal services are being denied and we echo the calls of the Commissioner to urgently establish and deploy a rapid response crisis team,” said Ms Picone.

“Ideally Ashley would close immediately — it should not be beyond us to provide appropriate accommodation, rehabilitation and support for these 12 children and young people.”

Ms Picone said she acknowledged and applauded the bravery of all of the witnesses who gave evidence in relation to conditions at AYDC as part of the Commission of Inquiry, particularly those young people who shared their lived experience of abuse.

“We must now learn from the evidence and experiences shared with the Commission of Inquiry and take urgent steps to safeguard the rights and safety of all Tasmanian children and young people,” she said.

“In the medium-term, we must ensure no children experience detention, with all evidence demonstrating that a criminal justice response to children is inappropriate and harmful.

“And there is a simple solution to this, which is to raise the minimum age of criminal responsibility to 14.

“While we welcome the Tasmanian Government’s recent commitment to raise the minimum age of detention to 14, we strongly believe the Government should take the next logical step and not wait for a decision by all Attorneys-General around the country. The ACT has already taken this step and there is nothing to stop Tasmania doing the same.

“In the longer-term, we must fast track the establishment of alternatives to detention for children and young people by bringing forward the therapeutic facilities and models of care that are so overdue.

“If the Tasmanian Government truly wants to lead with its heart and its head, there should be no greater priority than the safety of our children and young people.”

Families and Children Tasmania (FACT) Chair, Caroline Brown said they also encouraged the Tasmanian Government to invest in targeted intervention services for the families of the children and young people at AYDC, combined with comprehensive prevention and earlier intervention strategies.

“It’s well established that the majority of children and young people in youth detention are involved with the out of home care system and are also often disconnected from their families,” Ms Brown said.

“We also strongly support working with these families to find alternative solutions to detention, such as kinship care options, and FACT would be very happy to work collaboratively with Government to find solutions to these complex problems for the benefit of our children and young people.”