Re Thomas

[2010] NSWSC 1525

CITATION:	Director-General, Department of Human Services; Re Thomas [2010] NSWSC 1525
HEARING DATE(S):	18 November 2010
JURISDICTION:	Equity Division
JUDGMENT OF:	Brereton J
EX TEMPORE JUDGMENT DATE:	18 November 2010
DECISION:	Orders made on 26 February 2009 discharged. Proceedings otherwise dismissed.
CATCHWORDS:	CHILDREN - Parens patriae jurisdiction – secure accommodation order - child approaching age of 18 - progress made by child - order discharged
LEGISLATION CITED:	Director-General, Department of Community Services; Re Thomas [2009] NSWSC 217
CATEGORY:	Principal judgment
PARTIES:	Director-General, Department of Human Services Minister for Community Services "Thomas"
FILE NUMBER(S):	SC 09/287286
COUNSEL:	Mr G Moore (plaintiffs) Ms K Reynolds (first defendant)
SOLICITORS:	I V Knight, Crown Solicitor (plaintiffs) Leonie Miller (first defendant)

IN THE SUPREME COURT
OF NEW SOUTH WALES
EQUITY DIVISION

BRERETON J

Thursday, 18 November 2010

2009/287286 Director-General of the Department of Human Services; Re Thomas

JUDGMENT (ex tempore)

1 HIS HONOUR: The history to these proceedings is set out in the judgment I gave on 31 March 2009 [Director-General, Department of Community Services; Re Thomas [2009] NSWSC 217] in connection with orders that I made on 26 February 2009, authorising the Director-General pending further order to accommodate the child, who for the purposes of the proceedings has been called Thomas, at Sherwood House; to use reasonably necessary means to ensure that he remained there; to furnish such treatment as may be necessary, including to administer medication and sedation; and, to the extent necessary, to use reasonable force in doing so.

2 Since those orders were made, the proceedings have remained under review by the court, with the matter returning for review every few months until today. Over that period, I have from time to time made observations about the progress of the regime which has been put in place for Thomas, and the progress that Thomas has made under it.

3 Thomas is now approaching the age of 18 and I have been very concerned, as all present know, over the last several months to ensure that appropriate arrangements are in place for his transition from Sherwood House to a more community-based arrangement, in preparation for his imminent adulthood. Significant steps have been taken towards that end over the last several months, and Thomas is now living in other accommodation called Sylvanvale, with another young person, who is known to him from her time at Sherwood House, and under the supervision and care of ADHC. I have reviewed the transition plan in place for the transition of Thomas from Sherwood House to Sylvanvale and note that the transition is now well-advanced, in the sense that Thomas is now living at Sylvanvale.

4 I should record the pleasure I have in seeing the progress that Thomas has made in so many ways: in terms of his education; in terms of gaining some work experience; and in terms of being able to engage with the persons involved in his care. There has been, overall, a very marked reduction in the incidents of self-harm and of violence – although there are still fluctuations, depending on the stresses that he experiences from time to time.

5 The latest report of the child and adolescent psychiatrist who has been supervising Thomas' care, Dr Jairam, includes the following observations:

Over the last few months ‘Thomas’ is able to engage better, communicate his mood state, acknowledge periods of difficulty and come up with some solutions to his difficulties. He continues to stay off cigarettes, which for him is a tremendous achievement. Over the last few months, to the best of my knowledge, ‘Thomas’ has not had any incident of severe self-harm requiring hospitalisation. This is an encouraging trend. ‘Thomas'’ need for PRN medication has also continued to decrease, and this is an encouraging trend as well. He has started to go out of Sherwood House unescorted and is thinking about life after Sherwood House. I understand ‘Thomas’ has begun transition into the home he will go into once he leaves Sherwood House.

6 A little later, the doctor notes:

‘Thomas’, over the last few months, has been able to engage better in sessions. He is able to articulate his problems and talk about possible strategies to deal with them. ‘Thomas’ mood has improved and in our sessions with him he appears to be a lot happier and is eager to share his positive experience. He is also proud of not having self-harmed as much as before. In terms of immediate plans he talks about liking to do various things like studying and engaging in work experience. He is able to talk more easily about emotionally laden issues like memories and feelings and worries regarding his grandfather, grandmother, siblings and mother. I am also pleased that 'Thomas' has a fairly busy and appropriate activity schedule through the week which includes a lot of time outside Sherwood House and in contact with different social environments.

7 I do not pretend that everything is rosy for the future. But the position is much more promising than it was two years ago.

8 No doubt, an enormous amount of effort, and a substantial amount of support, will still be required by Thomas to ensure that he has an appropriately fulfilling future; but I am satisfied that the prospects of that are now immensely better than they were when this case first came to court nearly two years ago. This must also be very rewarding to the staff of Sherwood House who have contributed significantly to this outcome. And Thomas knows that there are people who care about him, and where to find them in case of need.

9 I have been asked by all parties to discharge the orders originally made on 26 February 2009. I will do so and otherwise dismiss the proceedings.

10 My orders are:

1. Orders 1 and 2 made on 26 February 2009 are discharged.

2. The proceedings are otherwise dismissed.

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