The Supreme Court's Decision on Solitary Confinement

The Decision

The Western Australian Supreme Court’s recent decision regarding the unlawful confinement of youth detainees has highlighted just one example of human rights breaches in our youth justice system. On Tuesday 11 July 2023, Justice Tottle granted an injunction to restrain staff from subjecting certain children to further periods of solitary confinement without appropriate authorisation. The Supreme Court found three children at Banksia Hill Detention Centre and Unit 18 of Casuarina Prison were subject to a total of 167 days of unlawful solitary confinement between September and December 2022. This included one child who was held in solitary confinement for 133 days. 

The Ruling 

This ruling shows that the Government continued to unlawfully confine children and young people in detention even after an August 2022 Supreme Court declaration that the Government’s confinement practices were unlawful. That should concern every WA citizen who enjoys living in a democracy underpinned by the rule of law. Not only is solitary confinement inconsistent with the underlying principles of the Young Offenders Act 1994 (WA), but it also violates many of Australia’s human rights obligations that expressly prohibit subjecting children to inhuman, cruel, or degrading punishment. 

The Impact of Mental Health, Cognitive and Staffing Difficulties  

Children and young people in detention experience higher rates of mental health and cognitive difficulties than the general population. Imprisonment exacerbates these underlying issues, leading to further social isolation, mental health complications, educational deficiencies, and overall deteriorating health. Practices such as solitary confinement perpetuate the reoffending cycle, further hindering any meaningful rehabilitation efforts. This means the community is at greater risk when children in detention are subjected to solitary confinement. Justice Tottle attributed the frequent, prolonged solitary confinement to staff shortages, inadequate infrastructure, and an inability to effectively address the childrens’ complex needs. The Cook Government must invest in services that prioritise the dignity and well-being of these children and young people, who should not be punished for the Government’s failure to adequately staff its facilities. 

‘A Failing System’  

Justice Tottle’s finding of unlawful confinement of children at Banksia Hill Detention Centre is consistent with the Inspector of Custodial Service’s recent report that found a failure of “every element” of the Detention Centre. The finding serves as a damning reminder of the need for urgent reform, including incorporating a culturally appropriate, trauma-informed model of care to address the complex needs of children and young people in detention. The WA Government must take responsibility for its failures within the youth justice system and take immediate action to rectify them.