Aboriginal boy Lebron Martin, 4, who died in care should not have been taken away by Territory Families, NT Coroner finds

AN Aboriginal boy who died four months after being put into care should have not been taken away from his family, the coroner has ruled.

AN Aboriginal boy who died four months after being put into care should have not been taken away from his family, the coroner has ruled.

Lebron Martin, who was born with a rare congenital disease, died from respiratory failure linked to his deteriorating health from the disease in December 2017.

In a coroner’s report released last week, Judge Greg Cavanagh ruled Territory Families was not “justified” in removing Lebron from the care of his family and it would have been in the child’s best interests to have remained with the people who loved him.

Judge Cavanagh found removing Lebron because of complex medical needs arising from his disabilities was “prima facie inappropriate” and a breach of the Convention of the Rights of Persons with Disabilities and the Care and Protection of Children Act 2007.

The NT Coroner found Lebron Martin should not have been taken into care by Territory Families.

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Lebron was born with Niemann-Pick Type C, a fatal genetic disorder where the body cannot transport fat properly and leads to brain, spleen and liver damage.

For nearly four years Lebron was cared for by his family, who took him to hospitals in Katherine, Darwin, Adelaide and Melbourne and those that came into contact with the boy described him on several occasions as being clean, well dressed and responding positively to family.

Lebron also attended childcare for a short time in 2016, with a case manager saying he was doing well and the family was going to all appointments thanks to increased support.

But in July 2017, a Territory Families’ staffer spotted Lebron at the hospital for an appointment and noticed him to be “very lethargic”, unresponsive and to have lost a lot of weight.

This kicked off a chain of events resulting in the boy being put in government care a few weeks later.

He died four months later at Katherine Hospital.

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Judge Cavanagh found it would have been more reasonable for Territory Families to have provided more support to the family after “the success” in 2016 instead of taking him away. He recommended Territory Families ensure staff are appropriately trained to support children with disabilities and their families.