Probe into disabled brothers’ house of horrors called off on election eve

A comprehensive investigation into one the state’s biggest child safety failures was called off by Attorney-General Yvette D’Ath on the eve of the last election.

A comprehensive investigation into one of the state’s biggest child safety failures was called off by Attorney-General Yvette D’Ath on the eve of the last election, documents published by the Disability Royal Commission reveal.

The Disability Royal Commission this week called for an urgent inquiry into how a pair of Brisbane brothers were failed by multiple state agencies, enduring nearly two decades of horror at the hands of their alcoholic father.

But documents published by the royal commission revealed the state government had been on track to hold a similar probe from June 2020 until its axing just three months later.

The trove of documents revealed Ms D’Ath decided not to go ahead with the in-depth investigation on October 2 — the last Friday before the government went into pre-election caretaker mode when major ministerial decisions should not be made.

Ms D’Ath is adamant her decision was based on advice provided to her during this time, though “none of this takes away from the findings of the royal commission of the failures of the government”.

The brothers, known by pseudonyms Kaleb and Jonathon, were found severely malnourished, wearing nothing but soiled nappies, locked in a bare room with no access to food, water or toilets, while their father lay dead in the next room on May 27, 2020.

Letters between Ms D’Ath and the Queensland Family and Child Commission revealed she asked them to review the case on June 1 but noted their lack of powers wouldn’t allow them to compel confidential information.

Attorney-General Yvette D'Ath

So she offered to use her special powers to refer the matter to the Child Death Review Board, which was due to be set up in July 2020, as an “exceptional circumstance”.

Documents show the QFCC worked quickly to put together terms of reference, with the watchdog updating the minister regularly on progress including a July 9 brief outlining how Jonathon should have been considered a vulnerable child and kept at school amid Covid-19 but wasn’t.

On August 20, 2020 the QFCC then-head Cheryl Vardon wrote to Ms D’Ath outlining how the Child Death Review Board would build on the under-construction initial review and would start work “on receipt” of the minister’s direction.

Ms D’Ath informed the QFCC on Friday October 2 that based on briefings provided by the QFCC also on August 20, she would not be referring the case to the board.

The government would go into pre-election caretaker mode — when ministers are meant to refrain from major decisions — on October 6.

The Disability Royal Commission, in a report into the case this week, stated the reason for calling off the investigation was “unclear”.

But Ms D’Ath is adamant she had been acting on advice provided to her during a meeting with Ms Vardon verbally on August 20.

“I appreciate none of this takes away from the findings of the royal commission about the failings of the government, which is now considering the findings and recommendations,” she said.

“Since returning to this role, I have indicated to the current QFCC Commissioner, if he believes a review following the findings of the Royal Commission was warranted then I would support that.”

Jonathon

Kaleb

Ms D’Ath apologised to Kaleb and Jonathon, in line with Child Safety Minister Craig Crawford, noting the case was heartbreaking and “should not have happened”.

Opposition justice spokesman Tim Nicholls accused the government of avoiding scrutiny in the case knowing the boys had been failed by the state.

He also called into question former Attorney-General Shannon Fentiman’s actions, which included asking the QFCC in March 2021 to refrain from “broader discussion regarding the reports be deferred” until the government had formally considered them.

Ms Fentiman’s office in July 2021 ordered an urgent redacted version of the QFCC’s initial report to keep the content but remove all reference to the boys.

This redacted version was tabled the next month and was the version ultimately handed over to the royal commission in May last year.

A spokeswoman for Ms Fentiman said the tabled report had to be the redacted version due to strict laws around privacy and confidentiality of individuals.

It’s understood this was the same reason the royal commission was handed the redacted version, with the powerful body then within its right to compel the publication of the full report.

The royal commission, in a damning 230-page report released on Tuesday, found the violence, abuse, neglect and deprivation of human rights the boys experienced was preventable.

And the state’s departments and agencies “could and should” have done more under their responsibilities and using their powers.

Willow Dunn

TIMELINE OF TRAGEDY

May 25, 2020: Willow Dunn, a four-year-old with autism, was found dead in her home in Brisbane’s Cannon Hill.

May 27, 2020: Kaleb and Jonathon, both of whom have autism, were found severely malnourished, wearing nothing but soiled nappies, locked in a bare room with no access to food, water or toilets, while their father lay dead in the next room.

May 29, 2020: Child Safety Minister Di Farmer says the government will ask the Queensland Family and Child Commission to investigate both the Willow Dunn and Kaleb and Jonathon cases, stating “there is no excuse for any child in this state to be abused or neglected … the public rightly want answers and so do we”, and that the investigations would “get to the bottom of what happened”.

June 1, 2020: Attorney-General Yvette D’Ath writes to QFCC Commissioner requesting the review, acknowledging under law they don’t have the power to request confidential information and this “may limit the extent and scope of the QFCC’s review”. She said she could request the new Child Death Review Board carries out an in-depth review once it officially exists on July 1.

June 4, 2020: The QFCC establishes terms of reference for the review, noting Part 1 will be a QFCC review of legislation, policies and practices and Parts 2 and 3 involved looking into how the boys interacted with the system and what the gaps were.

August 20, 2020: QFCC writes to the AG noting its initial report will inform the CDRB’s review which “will commence” once Ms D’Ath requests it under provisions of the Family and Child Commission Act.

Kaleb and Jonathon's father’s room

October 2, 2020: Ms D’Ath writes again to the QFCC to state she does not intend to refer this matter to the board based on the briefing the QFCC provided to her, verbally, also on August 20.

December 2020: QFCC finalises report.

January 14, 2021: QFCC writes to new AG Shannon Fentiman to provide its final report and asks for support to refer matter to the Royal Commission as it will be investigating the boys’ case.

March 30, 2021: Ms Fentiman provides the QFCC’s December 2020 report to relevant ministers. She asks for “broader discussion regarding the reports be deferred until government has had the opportunity to formally consider the reports”.

July 8, 2021: An administrative officer from Ms Fentiman’s office verbally requested on the phone for QFCC to prepare a summarised version of the report to remove identifying information about Kaleb and Jonathon or their family. That report was required the next day.

July 9, 2021: The QFCC Summary Report was progressed to the AG. Receipt was acknowledged by the office of the AG by email sent on July 12, 2021.

August 20, 2021: Ms Fentiman tables the QFCC Summary Report.

May 13, 2022: Ms Fentiman writes to the Honourable Ronald Sackville AO KC, chair of the Royal Commission. The letter enclosed the summary report which does not include any identifying details of the boys.

May 8-10, 2023: Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability holds hearings into the Kaleb and Jonathon case.