Coronial
SAcommunity

Coroner's Finding: DALY Michael Barry

Deceased

Barry Michael Daly

Demographics

53y, male

Date of death

2008-04-21

Finding date

2010-09-27

Cause of death

Burns to 75% of body surface area and severe lower airway inhalation injury

AI-generated summary

Barry Michael Daly, 53, died from severe burns (75% BSA) and inhalation injury sustained in a deliberately-set house fire on 20 April 2008. He had been detained at Glenside Hospital on 10 April 2008 under the Mental Health Act for bipolar disorder with manic features, assessed as at moderate to extreme risk of absconding given his repeated history of leaving without leave. He absconded on 11 April, yet was arrested twice that day. Police and custody staff were unaware of his detention status due to failures in communication and inadequate training regarding MHA protocols. Glenside staff received misleading information that he would remain in custody until Monday, so took no steps to retrieve him. When released on bail both times, he should have been apprehended under MHA powers and returned to the hospital. His detention expired 13 April. The coroner found multiple system failures prevented return to the hospital, where he would likely have been re-detained in a closed ward, potentially preventing his death.

AI-generated summary and tagging — may contain inaccuracies; refer to original finding for legal purposes.

Contributing factors

  • absconding from psychiatric detention
  • inadequate risk assessment of absconding risk
  • accommodation in open ward despite high absconding history
  • delayed reporting of absence to police
  • failure of police to communicate detention status to custody staff
  • misleading information to hospital staff about custodial duration
  • failure to apprehend and return to hospital under Mental Health Act
  • inadequate training of civilian police administrative staff
  • insufficient supervision of civilian staff
  • system gaps between mental health and criminal justice procedures
  • deliberate fire-setting while mentally unwell

Coroner's recommendations

  1. Minister for Mental Health to develop protocols ensuring detained patients at risk of absconding from treatment centres are prevented from doing so
  2. Minister for Mental Health to consider amending Mental Health Act 2009 to empower police to apprehend patients who have absconded from approved treatment centres during currency of detention, notwithstanding expiry of the detention period
  3. Commissioner of Police to amend police General Orders to: (a) not remove wanted missing flag and active detention order flag prior to establishment that person has been returned to approved treatment centre; (b) require staff of police custodial facility to conduct check when releasing person in custody as to whether reported as missing and whether active detention order flag exists; (c) ensure officers responsible for missing persons reports communicate with police custodial facility staff when missing person taken into police custody; (d) ensure missing persons reports immediately vetted by senior officer and vetted during period person still regarded as missing
  4. Commissioner of Police to review appropriateness of civilian staff performing duties that might more appropriately be performed by trained and sworn police officers
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