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Supreme Court challenge to use of solitary confinement in NSW youth justice centres filed
The Public Interest Advocacy Centre (PIAC) has filed a test case in the Supreme Court challenging the use of “segregation” (solitary confinement) as a form of punishment in youth justice centres in NSW.
Jess Feyder
PIAC has filed a case on behalf of their client, Daniel, whose identity is being protected by a pseudonym.
During his solitary confinement, Daniel was allowed only half an hour out of his cell each day while handcuffed and ankle-cuffed. He was punished for trying to communicate with other young people in the centre and was forced to eat all meals with his hands.
Children subjected to solitary confinement can be locked in cells for 22 to 24 hours per day, with no access to educational services, counselling or mental health treatment and no interaction with peers.
Harsh practices like solitary confinement interfere with child development and can traumatise youth, causing potentially permanent psychological damage, which may lead to self-harm, psychosis, and suicide.
PIAC has assisted Daniel in challenging this practice in the Supreme Court. Daniel’s lawyers maintain that the use of segregation as a form of punishment in youth justice centres is unlawful and have asked the Supreme Court to make a declaration to this effect.
By bringing this legal challenge, Daniel hopes other children won’t have to endure the situation he did.
“What they did to me was wrong,” Daniel said.
“It took a huge toll on my mental health, and I never want that sort of thing to happen to another kid again.”
Current policies still allow for the confinement of children for long periods of time with no mandatory minimum time out of their cells each day. The PIAC calls on Youth Justice to improve their current policies and practices on the use of solitary confinement.
In a 2018 report, the Inspector of Custodial Services found that “confinement is the most prevalent punishment in all [Youth Justice Centres] in NSW.
“This is despite there being no evidence that supports the use of confinement to effect positive behavioural change,” it said.
The inspector also found that the use of force may be avoided if staff were trained in trauma-informed practices.
Camilla Pandolfini, from PIAC, commented: “We are very concerned about the harms caused by solitary confinement and the potentially unlawful use of solitary confinement as a form of punishment.
“Locking children in a cell, in isolation, for days and days on end has serious and lasting effects on mental health.
“It is inhumane and contrary to evidence-based rehabilitative and therapeutic approaches that should be the focus of treatment of young people.”
