A new report by WA's Inspector of Custodial Services has found people with intellectual disabilities who enter custody in Western Australia not being identified, adequately catered for or supported.

On Friday Eamon Ryan reported that between 2018 and October 2023, only six per cent of the adult and youth custodial populations in WA were identified as having an intellectual disability or cognitive impairment, which is significantly lower than research estimates. The Inspector said that this partly stems from the over-reliance on self-reporting as a mechanism for identification.

The Inspector noted that the Department acknowledged early identification is important to ensure appropriate supports for people with intellectual disability are in place and they are not unfairly disadvantaged, but said information sharing remains "a significant barrier to improving their lives". The report identified several areas where silos existed within the Department, particularly when a young person enters adult custody.

Mr Ryan said that while amendments to legislation have helped streamline the transfer of information for those who directly transfer from youth to adult custody, for those who leave youth custody and later enter adult prison, processes are not automated and can be unreliable, ultimately affecting their day-to-day care.

"Conditions in custody for effectively managing people with an intellectual disability also remain problematic. There are few dedicated living areas for people with complex needs while making reasonable adjustments to existing infrastructure also remains a challenge," he said.

"Barriers exist to accessing supports from the National Disability Insurance Scheme, there are no tailored criminogenic programs, and poor governance exists around the use of prisoner carers."

Kurin Minang human rights expert and law academic Dr Hannah McGlade told National Indigenous Times "this is an important report by OICS, and noting that while there have been some recent improvement, prisoners with intellectual disabilities may often not be identified and have appropriate supports in place".

"Aboriginal people, including children, are over-represented in prisons with a high proportion also having disability," she said.

"We know there is too often a lack of culturally appropriate care. The issue of diversion is important, prisons are harmful and this is magnified for Aboriginal people with disability. Prisons should be a last resort only but aren't, too many prisoners are unsentenced and on remand.

"We need to look at alternatives including bail hostels that can better meet the needs of Aboriginal people with intellectual impairment. Children especially need culturally appropriate health responses, criminalising children with intellectual impairment is inappropriate and harmful."

Mr Ryan acknowledged that early identification of people with disability can be complex and often intellectual disability may not be obvious or easily detected, and noted that the WA Department of Justice recently introduced a new screening tool to assist in identifying more people with cognitive impairments.

"We have already seen some early signs of improvement with the presence of the onsite health team from the Child and Adolescent Forensic Health Service, in Banksia Hill and Unit 18. This initiative is filling a well-known gap found in the 2018 landmark study by the Telethon Kids Institute," he said.

The WA Department of Justice said the Inspector's review acknowledged that the Department had implemented "a number of positive initiatives aimed at addressing some of these challenges including the early identification of intellectual disabilities".

Director General Kylie Maj said the Department was committed to identifying prisoners across the custodial estate for intellectual or cognitive impairments and enhancing their management, including participation in rehabilitation programs.

The Department's Corrective Services division has recently launched an online training program for staff working with adults who have a disability in custodial or community corrections settings.

"The training raises awareness and provides staff with skills, knowledge and tools to manage and respond to this cohort in a sensitive manner," Corrective Services Commissioner Brad Royce said.