Circle of fight

CHAPTER 22

Department of Social Responsibility

L/21376 ALLEGED NEGLECT OF MINOR;

RECOMMENDATION FOR FOSTER CARE.

1. The subject is a Caucasian boy (personal details and medical report attached as Appendix 1) but in summary he has severe hearing loss and although currently in good health has a number of scars and marks suggesting both old and more recent injuries. Many of these are of unexplained origin.

2. Since the end of the war Gavin has been residing on a sheep and cattle property near Wirrawee. Initially he was under the care of a Mr and Mrs Linton, whose daughter Ellie Linton became acquainted with Gavin while they were both ‘living rough’ in the Stratton area during the war. After the war the Lintons apparently consented to become foster parents for the boy in a de facto arrangement which was not notified to this department.

3. A terrorist attack on the property subsequently resulted in the deaths of Mr and Mrs Linton, and although the perpetrators of this attack have never been identified (see Police report attached, Appendix 2), it is possible that the attack was a response to the wartime activities of Ellie Linton, as written about by her in several books, which were published and received some publicity.

4. After the deaths of Mr and Mrs Linton, and another adult who resided with them, the two children continued to live at the property on their own, although Ellie Linton eventually came under the jurisdiction of the Court of Protective Services, who assigned her to the guardianship of neighbours, Mr and Mrs Con Yannos (see Court order attached, Appendix 3). However, it seems more than probable that the conditions of the order have not been properly observed, and that the relationship is one of convenience only. My enquiries suggest that the two minors have effectively been living unsupervised, with minimal adult contact.

5. As far as can be ascertained Gavin has no traceable parents. It is believed that his father died in an industrial accident before the war, but it is also alleged that the child’s de facto stepfather murdered his mother in the early days of the war. No charges have been laid in relation to this incident, but the stepfather was convicted of a serious assault on the two minors, Ellie and Gavin, and is currently serving a prison term. He is due for parole in just over seven years (see Appendix 4).

6. As well as the attack by the stepfather, which resulted in knife injuries of some severity to both children, Gavin was recently the subject of an abduction, possibly by a terrorist organisation. He was missing for more than three weeks, during which strenuous efforts were made for his return, but he apparently made his own way back with the assistance of unknown persons. There are serious question marks over this whole matter, with some doubt as to the involvement of Ellie Linton in illegal paramilitary activity across the border (see memo by Inspector Henry Buckland, attached, Appendix 5). Whether this is the case or not, the kidnapping at the very least indicates that Gavin is in a dangerous environment where his safety cannot be guaranteed.

7. There are few details available about Gavin’s lifestyle during the war, but it appears that at no stage was he incarcerated. Instead he appears to have lived the life of a homeless child in the Stratton area, and it can be assumed that he was exposed to the most unfortunate influences, which may well have resulted in serious psychological damage. Post-traumatic-shock syndrome is one condition that should be further investigated and which is most likely to be present in a child such as this.

8. An inspection of Gavin’s present living conditions noted the following defects: Dog faeces found in vicinity of house Inappropriate proximity of dog to sleeping area Unmade beds and general unkempt conditions in bedrooms Bathroom is shared by the two children. Lavatory appeared to be clean but bath and shower area has been neglected for some time. No soap was present in the soap receptacle in the shower Kitchen floor is clean but rodent droppings were observed behind refrigerator Microwave was dirty, and food items in the refrigerator were not properly stored. Uncooked meat products were placed above salad items An inappropriate ratio of soft drink to milk was noted in the refrigerator No fruit was observed, but some vegetables were in a tub in the pantry and in the refrigerator A tin of Milo was open on the bench, with Milo crumbs and some spilt milk around it A wet load of laundry was in the washing machine, and may have been there for some time A DVD with a rating of M15+ was in Gavin’s bedroom. A safety guard had been removed from one of the heaters and was placed on the carpet beside it, leading to a possibly unsafe situation should the radiator be switched on.

Outside: Motor vehicles, both motorbikes and cars, were parked in the machinery shed and in the open, with keys in the ignition A jerry can of fuel was next to a motorbike, in violation of regulations as to the safe storage of chemicals Veranda was unswept A broken window in the dining room had been repaired with masking tape and was in an unsafe condition Further evidence of rodent activity was noted in the ducted heating.

9. Ellie attends Wirrawee High School and Gavin Wirrawee Primary School. Photocopies of school attendance rolls for both children are attached, as well as statements by the principals and, in Gavin’s case, the classroom teacher, Mrs Eleanor Rosedale (Appendix 6). It will be seen that attendance of both children is irregular and unsatisfactory. Further, Gavin’s classroom behaviour is erratic and at times has resulted in disruption and consequences such as detention. His classroom teacher notes that his conduct, whilst appearing to be on the improve several months ago, has now deteriorated again, and that on occasions he has hit other children. He is impulsive and aggressive, with seemingly little ability to restrain himself. Although medication is indicated, there has been no attempt to have him assessed, and it is evident that Ellie Linton lacks the maturity to seek this kind of support.

10. Gavin has a tested IQ on the Stanford-Binet scale of 111, his reading age is only 9.2 on the Neale scale and he has difficulties in all areas of schoolwork except Art and PE. No help has been available for his hearing condition, although it is likely that he had an aide at the school he attended before the war. However, he has refused to divulge the name of this school, for reasons best known to himself, and there have not been the resources available to enable us to go through old records.

11. The children were interviewed separately and both were uncooperative. Ellie Linton has perhaps a greater sense of her own importance than might be expected in a girl of her age, and was quite rude and belligerent at times. She seems to feel she has to answer to no-one but herself, and gave answers that were evasive and misleading, for example in relation to school attendance. In respect of her attitude, it seems reasonable to suppose that she would not be a good role model for Gavin in this regard. Her attitude towards school seemed offhand (‘As far as I can see he learns more at home than he does at school.’) and could be considered detrimental to Gavin’s commitment to his own education. Gavin answered almost no questions. His constant refrain of ‘Can I go now?’ seemed calculated to give offence, and is consistent with his school reports. Both children were defensive to the point of paranoia to the idea that Gavin might be ‘taken away’.

RECOMMENDATION

The Protective Services Act of 2007 makes the department responsible for ‘the care, wellbeing, safety and protection of minors, with a special duty to those who are in circumstances which give rise to reasonable concern for their physical, emotional, social or mental health, are at risk of abuse, or are not receiving proper care’. The Act charges us in those situations to act as ‘swiftly and urgently as is deemed to be in the child’s best interests’, and gives us the right to go onto any premises where we have reasonable grounds to consider that a child’s health and wellbeing may be in immediate danger, to remove the child from that danger, and to go before a court at the first available opportunity to seek an order for the child’s continuing protection. We are obliged by the statute to always place the child’s interests first and having done so to give due consideration to other interested parties, in particular parents. In this respect it should be noted that Gavin has a little sister, currently residing with a foster family in Stratton, but he has minimal contact with her, and given constraints of time and resources it was not thought necessary to interview her or her foster family.

In view of the fact that Gavin’s best interests are clearly not being served by his present circumstances, I recommend that the department take immediate action in respect to this child. Ideally he should be placed in a family situation, where he can experience normal life and school attendance would be better monitored. A special school may be indicated. However, given the shortage of foster or adoptive families since the war, and in light of his challenging behaviour and his disability, it is considered unlikely that a foster family will be found in the near future. A better alternative is Holy Cross Children’s Services in Stratton, which operates the old Saint Bede’s Orphanage. This has been refurbished and is now St Bede’s Child Protection Facility. It is a clean, well-managed facility which has been notably successful in dealing with troubled boys of this age. There is a swimming pool, two tennis courts and a football oval, as well as assistance available for children experiencing academic problems. (See Appendix 7 for further information about the facilities on offer.)

It carries with it the added advantage that contact between Gavin and his young sister may be easier and more frequent should he be relocated to Stratton.

Currently there are no deaf boys in residence, but in the past they have had a number of deaf children and they are experienced with this particular disability. Saint Bede’s has eight cottages where children live in a family situation, and although they are extended at the moment as far as resources go, they have indicated that they are willing to take Gavin for a trial period. It is recommended that it is in the best interests of Gavin for this to happen.

I am available to answer further questions with regard to this child.

Madeleine Randall, Investigations Officer