The Aboriginal Legal Service of WA has written to the state's police commissioner over the arrest of three boys while the youth were participating in a rehabilitation program.

On 14 November officers arrived at a session of the Old Ways, New Ways program in the Perth suburb of Balga and arrested three of the children in the program.

ALS WA chief executive Wayne Nannup told National Indigenous Times the incident left all of the children present "distraught".

"We are trying to get this off the ground, providing alternatives to send for sentencing and just general youth engagement in the community. My kids are upset. My staff are upset, and it's just completely unforgivable," he said.

A WA Police spokesperson said detectives from the Rapid Apprehension Squad "attended an address in Balga, making inquiries in relation to series of aggravated burglary and stealing incidents that occurred between 27 October and 3 November 2024".

The spokesperson said three 16-year-old boys were arrested at the address and subsequently charged with a combined 20 offences between them.

In Mr Nannup's subsequent letter to Commissioner Col Blanch, he wrote" Aboriginal Legal Service of Western Australia Limited (ALSWA), in its capacity as the lead agency for the OWNW (Old Ways New Ways) Consortium, wishes to lodge a formal complaint regarding this incident".

In the correspondence, Mr Nannup explained Old Ways New Ways is an Aboriginal-led justice reinvestment initiative designed to break the cycle of youth offending in the Perth metro area.

The program has been designed and driven by four organisations acting as a consortium – ALSWA, Wadjak Northside Aboriginal Corporation, Stephen Michael Foundation and Hope Community Services. It combines the strengths of each organisation to provide culturally secure individualised case management, mentoring and support; access to practical supports and referrals; and activities to enhance social and emotional wellbeing and connection to culture. OWNW is designed to support young people and set them on a pathway away from the criminal justice system.

"Over the past four months, ALSWA and the other Consortium Members have been working extremely hard to implement the program including establishing the pilot Activity and Wellbeing Course (the pilot). As part of this process, Consortium Members have met with several stakeholders in the Balga area and have received considerable interest and support for the program from several stakeholders. This includes initiating communication with the WA Police Force (Commander Martin Haime, Operations Support Portfolio) and subsequent communication with the Community Engagement Division and Aboriginal Affairs Division," Mr Nannup wrote.

"In fact, the WA Police Force submitted eight names to ALSWA as potential suitable participants for the pilot on 10 October 2024. It is our understanding that these names were obtained from discussions with the WA Police Mirrabooka District Office. Two of the young boys in the list provided to ALSWA by WA Police were two of the three boys arrested at Wadjak Northside on Thursday 14 November 2024."

Mr Nannup noted that from the outset, Old Ways New Ways "commenced our engagement with the WA Police Force in the spirit of collaboration with a view to maximising positive outcomes for young Aboriginal people and the broader community".

He detailed the significant number of referrals already received by the program since it began on 24 October, and noted several agencies getting involved including Youth Justice Services, Department of Communities – Child Protection, Kids First Australia, The Y School Mirrabooka, Balga Senior High School and the Department of Education - School of Special Educational Needs: Behaviour and Engagement.

"Importantly, several OWNW participants are also participating in the Perth Children's Court INROADS Program (a WA Government-funded initiative). The INROADS team has been supporting and encouraging young people to attend the OWNW pilot including one of the boys arrested on 14 November 2024. In addition, The Y School has recognised the importance and value of the OWNW program and included it as an approved external program as part of a young person's timetable and education. The Y School then reports attendance at OWNW to the INROADS team," he said.

Mr Nannup noted that on the morning four unmarked police vehicles and approximately 15 officers arrived at the program event in Balga, 20 boys were present alongside 16 staff members. Those present "reported that all of the young boys were hanging out getting ready for the formal presentations and that the energy of the room was great with all boys appearing happy together".

The ALS WA chief executive also noted that a K9 unit was present, stationed at the back gate of the premises.

"(A staff member) spoke with the lead officer, pleading with him to reconsider the arrest. (They) explained that the program was intended to be a diversionary initiative, a safe space for the boys... and that taking (one boy about whom they initially asked) would completely undermine that purpose.

"(Three staff members) continued to engage with the officers, trying to explain the role of the program and how arresting the boys was counterproductive to what the program is trying to achieve. (One staff member) explained that if police worked cooperatively with OWNW staff and the Wadjak centre, it would lead to better outcomes and that arresting the boys would be harmful to the program, damage future engagement, reduce trust and jeopardising the program's success," he wrote.

Mr Nannup advised the Commissioner in his letter that officers said they would not leave without the boy they first named, then asked if two other boys were present.

Officers then "placed them (the three boys) in handcuffs inside the centre in front of the remaining 17 boys and staff. The police then led all three boys to the police cars," he wrote.

Mr Nannup noted a staff member advised that prior to the arrests, an officer approached another boy, asking him for his name.

"The boy quickly became uncomfortable and started to walk away but was grabbed forcefully by the arm by the officer. It was not until another officer recognised the boy and advised the officer that he was not one of the three that they were looking for that the boy was able to walk away," he wrote.

A staff member was able to make a call for each of the boys, allowing them to speak with a parent, guardian, or relative to inform them of what had happened.

"Several staff members supported the boys, some of whom were visibly shaken and upset. Other staff members were on calls, reporting the events to their respective organisations and seeking guidance," Mr Nannup said.

"After police departed with the three boys, the rest of the program was spent engaging the boys in sport and trying to reassure the boys that all staff present are their allies and that they are here to support them."

The ALS WA chief executive detailed the impact of the event, with staff reporting that witnessing the three boys being taken into custody in a space that the OWNW team had promised was a safe space for the young people "felt horrible".

"(The) entire OWNW team had worked hard to create a space and program where the young people could attend once a week and feel like they belong, where they were safe, surrounded by people who care about them and their futures. The 17 boys who remained after the police departed were visibly distressed with some claiming that they wanted to leave the area," he wrote.

A staff member said it was "deeply disturbing" for the young people, the staff and for an Elder who was present.

Mr Nannup wrote the incident caused an "almost immediate erosion in trust", and led at least one parent to conclude Old Ways New Ways staff "condoned/supported the arrest".

ALSWA noted that a WA Police Force spokesperson told National Indigenous Times that a review of body-worn camera footage of the incident revealed that "it is clear officers acted in a calm and professional manner" and "all interactions appear respectful and the arrests were actioned without incident".

"The comments are disingenuous and reveal a staggering lack of insight into the impact of the conduct of police at Wadjak Northside," Mr Nannup advised Commissioner Blanch.

"The attendance of police at Wadjak Northside... and the arrests were simply unnecessary at that time and caused great distress, which is the cause of most concern."

"Further, the fact that the arrests took place without incident is testament to efforts of staff at Wadjak Northside, and the respect shown by the young people to OWNW, rather than the professionalism of police."

Mr Nannup noted that police had information regarding one boy which would have enabled them to arrest him at several locations other than Wadjak Northside, and that the two other boys "were granted police bail, which begs the question as to why their arrest needed to be executed in these circumstances".

"The police were also informed about the nature of the program by OWNW staff at the Nollamara address yet police chose to attend Wadjak Northside knowing full well the purpose of the program. In addition, once at Wadjak Northside, the attending officers ignored pleas from (the) respected Elder (who was present)," he said.

"Not only were 20 Aboriginal children traumatised by the event, 11 Aboriginal workers witnessed this distressing and disrespectful incident – how does the WA Police Force expect to gain trust from and work collaboratively with the Aboriginal community?

"ALSWA and all Consortium Members are devasted that police showed a complete lack of respect and care for an innovative Aboriginal-led program designed to keep Aboriginal young people out of the justice system and protect the community."

In Mr Nannup's letter to the Police Commissioner, ALS WA requested "an assurance from you that WA police will not attend any location where the OWNW program is operating to speak to or arrest participants unless the matter under investigation involves death, serious violence or sexual assault and/or a member of the community is currently at risk of serious harm".

"We need such an assurance so OWNW staff are able to meet with the participants and let them know that the Commissioner of Police has promised this type of incident will not occur again," he wrote.

"Furthermore, ALSWA asks for a public apology – this will go some way to improving respect for police by members of the Aboriginal community across the state and restoring the Aboriginal community's faith and trust in ALSWA, Wadjak Northside, Stephen Michael Foundation and Hope Community Services. Anything less is likely to significantly diminish the positive outcomes of OWNW."

National Indigenous Times has contacted WA Police for comment. It is understood the Commissioner will address the complaint and the incident at a media conference on Wednesday.