WA judge expresses ‘significant concerns’ for 11-year-old boy labeled ‘the state’s most vulnerable child’

A Western Australian judge says he has “significant concerns” for an 11-year-old boy previously dubbed the “state’s most vulnerable child” facing new charges in Perth, far from his regional home.

Court transcripts obtained by the ABC outline the boy’s hearing in Perth Children’s Court on November 4 after he was taken into custody.

The boy, whose name has not been released, avoided being sentenced for 36 separate offenses in October after spending 77 days in Banksia Hill Detention Centre.

During the sentencing hearing in October, the presiding judge said the Department for Communities must ensure the child does not reoffend while in state care.

But the boy now faces 10 new charges, including burglary, aggravated burglary and assault on a public servant.

At the boy’s hearing on November 4, Judge Andrée Horrigan said the debate about returning the boy to northern WA, where he was from, was “ongoing”.

“He is too young; he should not leave his family or his country,” he said.

The court heard the magistrate had requested a departmental report detailing the progress of the child’s transfer to his district before the end of the month.

Judge Horrigan said he would share a transcript and the department’s report with WA Children’s Court president Hylton Quail.

“I think the very significant concerns I have about this child should be acknowledged at a higher level than mine,” Judge Horrigan said.

Ministry’s reason for relocation

The boy’s defense lawyer, Jasvir Kang, said he was concerned his client would remain in custody while away from his district.

“He is a young man who was taken away from the country,” he said.

A representative from the Department for Communities told the judge there had been a “high-level” inter-agency meeting regarding the boy’s ongoing offending.

They told the court the reason the boy was not transferred was “concerns for his safety” arising from previous “high-level” crime in the area, rather than a lack of accommodation.

The ministry also told the court that an educational session was planned to reintegrate the child into school.

Judge Horrigan questioned the plan to educate the boy away from his home district.

“Why is there no plan to return him to his home and family?” he asked.

A ministry spokesman said the aim of their plan was to reduce the child’s level of offending “before sending him back”.

Court heard ‘hopeless unhappiness’

Judge Horrigan told the court he was “genuinely unhappy” with the department’s plan to place the child away from his family.

“This is not consistent with section 12 of the Act under which you operate,” he said.

The 11-year-old boy’s mother attended the hearing and the court heard she was able to stay with him from time to time.

State prosecutor Sinead Purvis said one of the key problems was that the boy continued to offend because of his “hopeless unhappiness”.

Ms Purvis told the court the 11-year-old had “behaved himself” when his mother visited him in the past.

Judge Horrigan told the court he would not impose a curfew on the boy because it would only lead to him being taken back into custody.

The 11-year-old accepted bail after the ministry signed on as his guardian.

Ahead of the next hearing later this week, the judge reiterated the importance of the child’s ability to follow rules and the level of control over him.

Judge Horrigan said it was “incomprehensible” to think the department would continue to care for him away from his district.