A court has been told a government department responsible for child protection placed a young boy back in the home of his alleged abuser where he was abused again.
Dion Barber is suing the state of Western Australia in the Perth District Court over allegations of repeated “horrific sexual abuse” that occurred when he was in the care of multiple family members over many years in the 1980s and 90s.
Mr Barber claims systemic failings by the now Department of Communities allowed the abuse to occur while he was under the guardianship of the director general.
Lawyer Joel Sheldrick told the court evidence presented during the trial would show the devastating effects the abuse had on his Dion Barber’s life, which he first reported when he was eight years old. Picture: NewsWire/ Emma Kirk,
His lawyer Joel Sheldrick told the court they would seek damages up until the time his client turned 18 because Mr Barber was still owed a duty of care when he was exposed to abuse after the wardship ended.
“The wardship should never have ended,” Mr Sheldrick said.
“The most important issue was the duty owed during the wardship period, it is not a complex issue but there is a dispute, it is very clear what the scope of the duty of care was.”
On Tuesday, Mr Sheldrick told the court evidence presented during the trial would show the devastating effects the abuse had on his client, which he first reported when he was eight years old.
Mr Sheldrick said guardianship was a serious obligation but what authorities did after his client was put back in the care of family members was “inexcusable and appalling.”
Dion Barber’s lawyer told the court Mr Sheldrick told the court decisions made by authorities were negligent and had “truly catastrophic” consequences on his client. Picture: NewsWire/ Emma Kirk.
The court was told how authorities failed to adequately check whether his client’s relatives were fit and proper people to care for children.
The plaintiff alleges authorities then failed to remove him from homes where he was placed after they became aware about complaints of abuse.
On one occasion, authorities allegedly placed Mr Barber back into the care of his stepfather after a magistrate found four months earlier the man had sexually abused him.
Lifeline: 13 11 14 or lifeline.org.auBeyond Blue: 1300 22 4636 or beyondblue.org.auKids Helpline: 1800 55 1800 or kidshelpline.com.auHeadspace: 1800 650 890 or headspace.org.au
Mr Sheldrick said decisions made by authorities were negligent and had “truly catastrophic” consequences on his client.
“(This was a child) declared in need of urgent care of protection, he was in the hands of the director general and was placed in care of his abuser,” he said.
Defence lawyers are due to begin their opening statement on Wednesday afternoon.
The trial continues.