Authorities repeatedly ignored pleas that a 13-year-old boy was at risk of harm in the days before the child was allegedly sexually assaulted in an overcrowded Queensland police watch house cell.
Documents seen by Guardian Australia show psychologists and youth workers separately raised the alarm to the youth justice department about the size and vulnerability of the boy and sought his transfer out of the Cairns police watch house for his own safety.
The police holding cells were so crowded at the time of the alleged attack, which occurred earlier this year, that four children were being held in a single cell.
Concern was also raised about a deterioration of the mental state of the alleged perpetrator, a 16-year-old boy, who had been in the watch house for about 20 days when the incident occurred.
In response to questions, police confirmed they had charged the 16-year-old with two counts of indecent treatment of a minor and that he faced court last month.
The 16-year-old boy was also allegedly involved in another incident a few days earlier, when a blanket was set on fire in a crowded watch house cell.
In the days before the alleged assault, the psychologist Andrea Bates sent a widely circulated email to cabinet ministers, police officers and the health and youth justice departments outlining serious concerns about the conditions in the Cairns watch house, including raising concern for the welfare of a 13-year-old.
“Last week, we had a 13-year-old in custody who is no bigger than a 9-year-old. His size alone makes him vulnerable to risk of sexual and physical assault by other cell mates, given I noted he is in a cell (4 boys to one cell) with a 16 yo and 17yo who are twice his size.”
Guardian Australia is aware of other emails, sent by youth workers to senior youth justice officials, raising concern about the alleged victim and pleading for the department to prioritise his transfer from the watch house to a detention centre.
Last year the Queensland government suspended its own Human Rights Act to allow for children to be detained in adult police watch house cells. Advocates say children as young as 11 are kept in watch houses for extended periods, sometimes for weeks at a time.
Guardian Australia is also aware of multiple recent cases where advocates raised concern about at-risk children – including those suffering from intellectual disabilities, mental health issues or who are otherwise at risk – to be removed from watch houses and transferred to youth detention.
Those requests are routinely rejected by the youth justice department for the same reason children are held in watch houses in the first place: there is no capacity in youth detention centres.
Guardian Australia first reported in February that the 13-year-old boy from Cairns had disclosed to a youth worker that he had been sexually assaulted, and the complaint was under investigation.
It is understood that the child was arrested again in recent months and returned to custody. In the Cairns watch house, he was placed in “the box” – an isolation cell – for five days due to concerns for his welfare.
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He was later transferred to the Pine Rivers watch house, more than 1,500km away from carers, kin and other supports.
“He was the victim of an assault, and he ends up further traumatised and punished for it,” a source familiar with the case said.
Youth advocates say the situation highlights how holding children in watch houses has become increasingly untenable, dangerous and counter-productive. Children remanded by the courts can remain in police custody for weeks until a place is available in youth detention. Watch house officers have no choice but to accommodate them in packed cells, even in circumstances where crowding or other risks are present.
The youth justice department said the sexual assault matter was before the courts, that courts decided who was remanded in custody and that young people were prioritised for transfer from watch houses to youth detention “based on a risk framework”.
Police said in a statement that the victim, now 14, had been “provided ongoing support in relation to the matter”. It said officers had conducted risk assessments when children entered the watch house and worked with other departments to minimise the time young people spent in the cells.
“The Queensland police service investigates all reports of alleged incidents that take place in watch houses and will charge offenders accordingly,” police said.
“When in custody, young people are visited by support organisations and government agencies to ensure their welfare needs are met.
“Where possible, children are separated from other children in watch houses. Children are always separated from adults in custody.”
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In Australia, children, young adults, parents and teachers can contact the Kids Helpline on 1800 55 1800, or Bravehearts on 1800 272 831, and adult survivors can contact Blue Knot Foundation on 1300 657 380. In the UK, the NSPCC offers support to children on 0800 1111, and adults concerned about a child on 0808 800 5000. The National Association for People Abused in Childhood (Napac) offers support for adult survivors on 0808 801 0331. In the US, call or text the Childhelp abuse hotline on 800-422-4453. Other sources of help can be found at Child Helplines International