WA coroner may call for inquiry into Unit 18 following Cleveland Dodd’s death
In short:
The coroner says he may call for a special inquiry into the circumstances that led to the opening of Unit 18.
Cleveland Dodd, 16, died after he self-harmed in his cell in the unit, which is a youth detention facility located inside an adult prison.
What’s next:
Corrective Services Commissioner Brad Royce would not say whether he would support an inquiry.
The coroner investigating Western Australia’s first recorded death in youth detention says there is significant evidence the teenager’s needs were not met, and indicated he may call for a wider-ranging inquiry.
WARNING: This story discusses incidents of self-harm and contains the name and image of an Indigenous person who has died.
Cleveland Dodd was 16 when he self-harmed inside his cell in a maximum security adult prison unit which had been hastily turned into a youth detention facility.
He died a week later.
Coroner Philip Urquhart said there was “much evidence” suggesting Cleveland’s needs were not adequately met.
“During Cleveland’s last three months of his life, the department failed in its supervision, treatment and care of him,” he said.
The prison unit was opened during a chaotic time in youth detention, but lawyers for the government argued much of the evidence heard about that period was beyond the scope of a coronial inquest which has sat for more than 40 days.
“It cannot be expected that the department would refer these matters to another entity,” Coroner Urquhart said of the Justice Department’s suggestion that it was for others to investigate.
To that end, he indicated he may call for a special inquiry under the state’s Public Sector Management Act, which could look at the actions of Department staff in setting up Unit 18.
He added he would be making a number of adverse findings against the department, including about failings in its supervision of Cleveland, leaving him in a cell with a hanging point and subjecting him to excessive hours locked in his cell.
Worthy of closer examination
He referred to evidence by the then-Deputy Commissioner responsible for youth justice, Christine Ginbey who told the court the time frame to set up the facility was “entirely unreasonable”, and of current Commissioner Brad Royce who described it as “ridiculously short”.
“There is evidence that has revealed aspects of the manner in which the department did its work which is worthy, in my view, of closer examination in a special inquiry,” Coroner Urquhart told the court.
That included, he said, the accuracy of information sent out before the opening of the facility, whether Unit 18 was opened before it was safe to do so, and whether adequate resources had been provided from when Unit 18 was opened to when Cleveland died.
“The circumstances of how Unit 18 was operating … did not arise out of thin air. There had to be an explanation as to why Cleveland and his fellow detainees were in Unit 18 and why their living conditions were as they had been described,” Coroner Urquhart said.
He told the court he would be confining any adverse findings against the department or its staff to actions taken, or not taken, which were connected or directly related to Cleveland’s death.
Coroner Urquhart indicated he was considering a number of other recommendations, including that Unit 18 should be closed and youth detention should be run by an agency other than the Justice Department.
Yesterday the Justice Department apologised to his family, acknowledging a number of failings in his care in the lead up to his death.
That included not allowing him enough time out of his cell and failing to ensure a CCTV camera in his cell was uncovered, which could have allowed staff to intervene earlier.
The court had been told in Cleveland’s final 93 days in custody, he was in his cell for 22 hours or more on 77 of those days.
Among 25 proposed recommendations put forward by Counsel Assisting the Coroner, the Justice Department’s lawyers indicated it supported all but three which were in its control — including closing the unit where Cleveland died.
The government has long maintained it cannot close the unit until another purpose-built facility is established.
It has promised to build one near the main youth detention centre at Banksia Hill, but last month’s budget contained no money for construction of that facility — only funds to continue planning and early works.
Failings acknowledged: Commissioner
Speaking outside court, WA’s Corrective Services Commissioner Brad Royce refused to comment on whether he would support a special inquiry.
“We have had the opportunity throughout this inquest to understand the likely recommendations and we’ve acted on those,” he said.
“From the time of the start of this coronial process you would see that there have been a lot of changes.”
Commissioner Royce said the corrective services department has accepted and acknowledged a number of its failings throughout the inquest.
“The staff at corrective services and our significant partners have put a lot of effort into the change that you’ve seen across the state,” he said.
“We acknowledge there’s a long way to go but for us we work with some of the most traumatised kids in the state.”
A group of people lined the street outside the coroner’s court holding signs calling for a close to Unit 18 and to fix the “broken” system.
Call for Unit 18 to close
Cleveland’s grandmother Roslyn Sullivan said she had “mixed emotions” about the end of the inquest.
“Wanting more, wishing for more, wishing for Unit 18 to close,” she said outside court.
“If Cleveland had all the right help … maybe he would be here today with us.
“All the things he went through, I wouldn’t want another child to go through that.”
The CEO of Social Reinvestment WA Sophie Stewart called on the government to “urgently” close Unit 18 and implement all of the coroner’s recommendations.
“While the Department of Justice has issued an apology to Cleveland’s family and has taken some measures to address some of the things that led to the horrible events on that night, this gesture has to be accompanied by clear accountability and responsibility,” she said.
Contact us
Please provide a brief description of your claim.
