Locking up kids has serious mental health impacts and contributes to further reoffending
<p><em>This article contains information on violence experienced by First Nations young people in the Australian carceral system. There are mentions of racist terms, and this piece also mentions self harm, trauma and suicide.</em></p>
<p>The ABC Four Corners report “<a href="https://www.abc.net.au/news/2022-11-14/locking-up-kids:-australias-failure-to-protect/101652954" target="_blank" rel="noopener">Locking up Kids</a>” detailed the horrific conditions for young Aboriginal people in the juvenile justice system in Western Australia.</p>
<p>The report was nothing new. In 2016, <a href="https://www.abc.net.au/news/2016-07-25/australias-shame-promo/7649462" target="_blank" rel="noopener">Four Corners</a> detailed the brutalisation of Aboriginal people in the Northern Territory’s Don Dale Youth Detention Centre, in its episode “Australia’s Shame”. Also in 2016, <a href="https://www.amnesty.org.au/amnesty-international-welcomes-queensland-youth-detention-review/" target="_blank" rel="noopener">Amnesty International</a> detailed the abuse children were receiving in Queensland’s juvenile detention facilities.</p>
<p>Children should be playing, swimming, running and exploring life. They do not belong behind bars. Yet, on any given day in 2020-21, an average of <a href="https://www.aihw.gov.au/reports/youth-justice/youth-justice-in-australia-2020-21/contents/summary" target="_blank" rel="noopener">4,695</a> young people were incarcerated in Australia. Most of the young people incarcerated are Aboriginal and Torres Strait Islander.</p>
<p>Despite Aboriginal and Torres Strait Islander young people in WA making up just <a href="https://www.aihw.gov.au/reports/youth-justice/youth-justice-in-australia-2020-21/contents/state-and-territory-fact-sheets/western-australia" target="_blank" rel="noopener">6.7%</a> of the population, they account for <a href="https://www.oics.wa.gov.au/wp-content/uploads/2021/05/Banksia-Hill-2020-002.pdf" target="_blank" rel="noopener">more than 70%</a> of youth locked up in Perth’s Banksia Hill Juvenile Detention Centre.</p>
<p><a href="https://search.informit.org/doi/abs/10.3316/agispt.20211109056541" target="_blank" rel="noopener">The reasons</a> so many Aboriginal and Torres Strait Islander peoples are detained are linked to the impacts of colonisation, such as intergenerational trauma, ongoing racism, discrimination, and unresolved issues related to self-determination.</p>
<p>The Four Corners documentary alleged children in detention were exposed to abuse, torture, solitary confinement and other degrading treatment such as “folding”, which involves bending a person’s legs behind them before sitting on them – we saw a grown man sitting on a child’s legs in this way in the documentary.</p>
<p>The documentary also found Aboriginal young people were more likely to be held in solitary confinement, leading to the young people feeling helpless. Racism was also used as a form of abuse, with security calling the young detainees apes and monkeys. One of the young men detained at Banksia Hill expressed the treatment he received made him consider taking his own life.</p>
<blockquote class="twitter-tweet">
<p dir="ltr" lang="en">No action taken against Don Dale guards over 'excessive force' in fresh Four Corners vision <a href="https://t.co/RdJgN8vQhu">https://t.co/RdJgN8vQhu</a></p>
<p>— Sarah Collard (@Sarah_Collard_) <a href="https://twitter.com/Sarah_Collard_/status/1592451372808802305?ref_src=twsrc%5Etfw">November 15, 2022</a></p></blockquote>
<p><strong>How does incarceration impact young people’s mental health?</strong></p>
<p>Many young people enter youth detention with pre-existing neurocognitive impairments (such as <a href="https://theconversation.com/indigenous-youth-with-foetal-alcohol-spectrum-disorder-need-indigenous-run-alternatives-to-prison-56615" target="_blank" rel="noopener">foetal alcohol spectrum disorder</a>), trauma, and poor mental health. More than <a href="https://journals.sagepub.com/doi/abs/10.1080/10398560902948696" target="_blank" rel="noopener">80%</a> of Aboriginal and Torres Strait Islander young people in a Queensland detention centre reported mental health problems.</p>
<p>Data from the Australian Institute of Health and Welfare revealed that more than <a href="https://www.aihw.gov.au/reports/youth-justice/young-people-in-child-protection/summary" target="_blank" rel="noopener">30%</a> of young people in detention were survivors of abuse or neglect. Rather than supporting the most vulnerable within our community, the Australian justice system is <a href="https://search.informit.org/doi/abs/10.3316/agispt.20211109056541" target="_blank" rel="noopener">imprisoning traumatised</a> and often developmentally compromised young people.</p>
<p><a href="https://reader.elsevier.com/reader/sd/pii/S027273581300010X?token=9CBCD682BF76BBE308B2073C2A3980D63745C157813CAC79F171AA4577C849EC40D0B848B6DB0D009AFACC05B8BC6185&originRegion=us-east-1&originCreation=20221116031322" target="_blank" rel="noopener">Research</a> has shown pre-existing mental health problems are likely exacerbated by experiences during incarceration, such as isolation, boredom and victimisation.</p>
<p>This inhumane treatment brings about retraumatisation of the effects of colonisation and racism, with feelings of <a href="https://www.parliament.vic.gov.au/images/stories/committees/SCLSI/Youth_Justice_System/Submissions/Submission_44-Parkville_College.pdf" target="_blank" rel="noopener">hopelessness</a>, worthlessness and <a href="https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Community_Affairs/completed_inquiries/2004-07/inst_care/report2/c06" target="_blank" rel="noopener">low self-esteem</a>.</p>
<p>Youth detention is also associated with an <a href="https://www.ranzcp.org/news-policy/news/detention-of-children-in-adult-prisons-must-stop#:%7E:text='Youth%20detention%20is%20associated%20with,substance%20use%2C%20and%20behavioural%20disorders." target="_blank" rel="noopener">increased risk</a> of suicide, psychiatric disorders, and drug and alcohol abuse.</p>
<p>Locking young people up during their <a href="https://www.cypp.unsw.edu.au/sites/ypp.unsw.edu.au/files/Cunneen%20%282017%29%20Arguments%20for%20raising%20the%20minimum%20age%20of%20criminal%20responsibility.pdf" target="_blank" rel="noopener">crucial years</a> of development also has long-term impacts. These include poor emotional development, poor education outcomes, and worse mental health <a href="https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5260153/" target="_blank" rel="noopener">in adulthood</a>. As adults, post-release Aboriginal and Torres Strait Islander peoples are <a href="https://onlinelibrary.wiley.com/doi/pdf/10.1111/j.1467-842X.2004.tb00629.x" target="_blank" rel="noopener">ten times</a> more likely to die than the general population, with suicide the leading cause of death.</p>
<p>You don’t have to look far to see the devastating impacts of incarceration on mental health. Just last year, there were <a href="https://www.parliament.wa.gov.au/Hansard/hansard.nsf/0/A4A8FAAE33FDD6BE48258844001C7E29/$File/C41%20S1%2020220511%20All.pdf" target="_blank" rel="noopener">320 reports</a> of self-harm at Banksia Hill, WA’s only youth detention centre.</p>
<p><strong>Locking up kids increases the likelihood of reoffending</strong></p>
<p>Imprisoning young offenders is also associated with future <a href="https://www.sciencedirect.com/science/article/pii/S027273581300010X?casa_token=TJ6WoQJnWnsAAAAA:NKTzeYv-LJcHuwT7Xs5fxeHUx9lHsKzVlQDpLpWPyG7u4KAXb1866s-sdupwbQmcbPR93qArg99O" target="_blank" rel="noopener">offending behaviours</a> and <a href="https://www.aph.gov.au/Parliamentary_Business/Committees/Committees_Exposed/atsia/sentencing/report/chapter2" target="_blank" rel="noopener">continued contact with the justice system</a>.</p>
<p>Without proper rehabilitation and support post-release, Aboriginal and Torres Strait Islander young peoples often return to the same conditions that created the patterns of offending in the first place.</p>
<p>Earlier this year, the head of Perth Children’s Court, Judge Hylton Quail <a href="https://www.abc.net.au/news/2022-02-10/hylton-quail-slams-conditions-banksia-hill-detention-centre/100819262" target="_blank" rel="noopener">condemned</a> the treatment of a young person in detention at Banksia Hill, stating:</p>
<blockquote>
<p>When you treat a damaged child like an animal, they will behave like an animal […] When you want to make a monster, this is how you do it.</p>
</blockquote>
<blockquote class="twitter-tweet">
<p dir="ltr" lang="en">Today marks 5 years since the recommendations of the Royal Commission into the Detention and Protection of Children in the NT, which recommended closing Don Dale. <br />We now have record numbers of Aboriginal children incarcerated due to punitive bail laws introduced last year. <a href="https://t.co/buxMFFucW7">pic.twitter.com/buxMFFucW7</a></p>
<p>— NAAJA (@NAAJA_NT) <a href="https://twitter.com/NAAJA_NT/status/1593059263223844864?ref_src=twsrc%5Etfw">November 17, 2022</a></p></blockquote>
<p><strong>What needs to be done?</strong></p>
<p>There needs to be substantive change in how young people who come in contact with the justice system are treated. We need governments to commit, under <a href="https://www.closingthegap.gov.au/national-agreement" target="_blank" rel="noopener">Closing the Gap</a>, to whole-of-system change through:</p>
<ol>
<li>
<p>recognising children should not be criminalised at ten years old. The <a href="https://raisetheage.org.au/campaign" target="_blank" rel="noopener">Raise the Age</a> campaign is calling for the minimum age of responsibility to be raised to 14. Early prevention and intervention <a href="https://search.informit.org/doi/abs/10.3316/agispt.20211109056541" target="_blank" rel="noopener">approaches</a> are necessary here. Children who are at risk of offending should be appropriately supported, to reduce pathways to offending.</p>
</li>
<li>
<p>an approach addressing <em>why</em> young Aboriginal and Torres Strait Islander peoples are locked up in such great numbers is required, driven by respective First Nations communities. This means investing in housing, health, education, transport and other essential services and crucial aspects of a person’s life. An example of this is found in a pilot program in New South Wales called <a href="https://www.justreinvest.org.au/wp-content/uploads/2022/10/JRNSW-I-Reinvestment-Forum-I-Report.pdf" target="_blank" rel="noopener">Redefining Reinvestment</a>, which tackled the social determinants of incarceration using a community approach.</p>
</li>
<li>
<p>future solutions must be trauma-informed and led by Aboriginal and Torres Strait Islander peoples.</p>
</li>
</ol>
<p>Aboriginal and Torres Strait Islander children are not born criminals. They are born into systems that fail them, in a country that all too often turns a blind eye before locking them up.</p>
<p>The Australian government needs to work with First Nations communities to ensure the safety and wellbeing of all Aboriginal and Torres Strait Islander peoples, including our future generations.</p>
<p><em>If this article has caused distress, please contact one of these helplines: <a href="https://www.13yarn.org.au/?gclid=Cj0KCQiAsdKbBhDHARIsANJ6-jfrUNMB9So6Gd1ICVQPd6uvGbfEaceXNR0BNYnEVCoxnMs7eiMmv20aAjDaEALw_wcB">13yarn</a>, <a href="https://www.lifeline.org.au/">Lifeline</a>, <a href="https://headspace.org.au/?gclid=Cj0KCQiAsdKbBhDHARIsANJ6-jdx8qmNF8hzPZNjURGbT9af0wT_xGUjDU26wX5Eftykygb35_OPLccaAp5uEALw_wcB">Headspace</a></em><!-- Below is The Conversation's page counter tag. Please DO NOT REMOVE. --><img style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important;" src="https://counter.theconversation.com/content/194657/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" /><!-- End of code. If you don't see any code above, please get new code from the Advanced tab after you click the republish button. The page counter does not collect any personal data. More info: https://theconversation.com/republishing-guidelines --></p>
<p><em>Writen by Summer May Finlay, </em><em>Ee Pin Chang, Jemma Collova </em><em>and Pat Dudgeon. Republished with permission from <a href="https://theconversation.com/locking-up-kids-has-serious-mental-health-impacts-and-contributes-to-further-reoffending-194657" target="_blank" rel="noopener">The Conversation</a>.</em></p>
<p> </p>
<p><em>Image: Getty Images</em></p>