Overcoming Ignorance-Making in Acknowledging and Responding to Harm in Custodial Settings: The Use of Open Disclosure

Although preventable harm in custodial settings has been widely documented, progress towards implementing the reforms that are often identified in reviews and inquiries into the quality of care afforded has been slow. It has even been suggested that government departments routinely engage in the practice of ignorance-making — the intentional use of strategies to deny the ongoing experience of harm, to deflect attention away from the statutory body, and/or to minimise responsibility. One means of countering such practice is open disclosure; a process that involves acknowledging and apologising for harm, and engaging directly with affected individuals and families. In this article we examine the occurrence of preventable harm in custodial settings, employing a case study from Australia’s Northern Territory to contrast criminal justice responses with the more transparent approaches that have been adopted in healthcare. We put forward recommendations to improve harm recognition, embed meaningful apology, and strengthen systemic accountability in custodial settings in Australia.