Blue Mountains mother sacked following mental health issues

The mother who police believe stabbed her two sons to death in their Blue Mountains home was locked in a years-long court battle with her former employer after being sacked following mental health issues.

Trish Smith was arrested after her former partner Nick Smith went to the family’s Faulconbridge home with concerns for the kids’ welfare because he had not heard from them.

Trish and Nick Smith, and their sons Ben and Russell. Credit: Facebook

There, he found the bodies of nine-year-old Ben and 11-year-old Russell stabbed to death and Smith with self-inflicted injuries.

The distraught father on Thursday spoke of his “unimaginable pain and distress” in a heartbreaking statement.

“Russell and Ben were happy, funny, outgoing boys, and were very much loved by their family and friends. They loved sports, soccer, the Penrith Panthers, fishing, books, music, spending time with their friends and Max their pup,” he said.

“We cannot understand how our boys have been taken this way, and we appreciate the kindness and compassion shown by the community.”

Russell and Ben Smith. Their father has spoken of the pain of losing his “happy, funny, outgoing boys”.

One neighbour told this masthead the couple had separated a few years ago, but shared responsibility for the boys’ care.

Trish Smith was arrested when she arrived at Westmead Hospital on Tuesday afternoon, and remains under police guard as investigators await a medical clearance for her to be interviewed and give a statement. Nobody has been charged over the deaths.

Smith had a history of postnatal anxiety and depression, anxiety and adjustment disorder, according to documents in her long legal battle with the state government’s Greater Sydney Local Land Services. She had worked for the department since 2005 and was deemed not fit for work by her employer and let go in January 2020.

She fought this decision and after conciliation failed, represented herself in a case lodged with the Industrial Relations Commission in March 2022.

A note left for the two boys from a school friend.

The case documents reveal Smith’s long-term battle with mental health, in which she described herself as a perfectionist who struggled at work, and that she demanded so much of her managers’ time it created an unsafe workplace for them.

According to medical evidence submitted by independent and treating psychologists at the time, Smith developed anxiety following the birth of Ben in 2013 and Russell in 2015.

Her anxiety worsened when she returned to work following maternity leave in March 2016. She gave evidence that her hands trembled and she cried on the drive into the office. She had at least three panic attacks, overreacted to small things and developed insomnia.

Neighbours say the couple separated a few years ago, but shared responsibility for the boys’ care. Credit: Facebook

In 2017, her treating psychologist Dr Catherine Bailey wrote she was “very anxious … not functioning, teary all the time, leaving work often”.

At some point between June 2017 and July 2019, Smith was hospitalised for a mental health condition and dropped down to two working days a week. A certificate of capacity found she had “reactive anxiety” and a “flare in her symptoms” following this hospital admission.

An independent psychologist found Smith had “some underlying anxious personality traits” and “personality vulnerability with obsession, rigidity and perfectionism”.

Smith requested a review of the report, though Commissioner Muri said she “did not raise any disagreement regarding [the independent psychologist’s] diagnosis or opinion”, and ultimately agreed with some of his observations.

Trish Smith and her sons in a 2021 beachside Christmas photo from Facebook.

“I definitely have a little bit of perfectionism in my natural personality … perfectionism is probably why I got first class honours, because I did things thoroughly,” she said during cross-examination.

However, she maintained her injuries were work-related, that she had recovered, and should be able to return to work.

She had been diagnosed with anxiety in 2017 following a panic attack at work, for which she received ongoing medical treatment, and which amounted to a disability that entitled her to reasonable adjustments at work.

But she said she faced “discrimination and bullying behaviours” when her ongoing requests to accommodate her disability weren’t met.

Local Land Services, however, maintained she wasn’t being reasonable and was unable to perform her duties.

Her employer submitted that two line managers became so overwhelmed by “the time taken to be her manager, and the intensity with which she responded to their communications with her” that they requested she be managed by someone else, which created an unsafe workplace for them.

Commissioner Muir agreed: “Her responses placed unreasonable and exceptional burdens on her colleagues.”

Smith submitted multiple work compensation claims, some of which were successful, to have time off and medical expenses covered due to her anxiety. Her employer reimbursed her for two psychology sessions as a “gesture of goodwill”.

One manager commented during the hearing that Smith “simply cannot accept the fact that she is mentally unwell and rather feels that work ‘caused her sickness’ and in turn seeks some form of retribution, compensation or apology”.

Her application to be reinstated at work was dismissed in November 2023 by Muir, who found Smith’s evidence had been “difficult to follow”.

In March 2024 she applied for a leave to appeal, which was also refused, and in May applied for an extension of time to appeal, which was also refused.

A Local Land Services spokesperson said they weren’t able to comment on current or former staff due to privacy concerns.

“Additional counselling, mental health and wellbeing services have been made available to [staff] who need support during this difficult time,” they said.

On Thursday, the Blue Mountains community was still grappling with the tragedy.

Neighbour Steve Cooper said the couple had separated a few years ago, but that Nick was “around a lot” and very involved in the kids’ lives.

“We can’t understand it,” he said, adding Trish had been a “kind” and “generous” person.

The boys’ friends and neighbours paid tribute in notes, flowers and toys left at the address and their nearby school.

One boy wrote that he was such good friends with Russell that the pair would call themselves “brothers”: “You would always brighten my day. We will always miss you and I will never forget you.”

The friend remembered Ben as someone who was excellent at soccer and handball, and the pair would “talk about funny stuff and sing weird songs”.

Floral tributes lay at the entrance to Our Lady of the Nativity Primary in Lawson on Wednesday.Credit: Kate Geraghty

“Thankyou for being so nice to me and thankyou for being a good person,” the child wrote.

Another student drew a picture of two boys playing soccer under a bright blue sky. “Ben and Russile were my favite year 3 and year 5 boy in the school. I just loved them.”

“I miss you both and I wish you were okay and it never happened,” a third wrote, accompanied by a drawing of a face with tears.

The boys’ bodies remain at the Forensic Medicine complex at Lidcombe, where they await a post-mortem to determine, among other things, if they were drugged before their deaths.

On Thursday, forensics teams continued their work, taking photos and carrying out large bags filled with evidence from the Faulconbridge property.

Support is available from the National Sexual Assault, Domestic Family Violence Counselling Service (1800RESPECT) on 1800 737 732.

If you or someone you know is in need of support contact Lifeline on 13 11 14 or Beyond Blue.

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