Neurodiversity in the Criminal Justice System

The UK Acquired Brain Injury Forum (UKABIF) and the Criminal Justice Acquired Brain Injury Interest Group (the Group) welcomes the Criminal Justice Inspectorates’ report on their review of evidence on neurodisabilities in the criminal justice system.

Research shows that brain injury in men, women and adolescents within the criminal justice system is up to five times higher than the general population.

We hope that the government’s response to this review will signal a step change in recognising how people with brain injuries can get swept into the criminal justice system and to better responding to those that do, through screening, assessment, staff training, and informed, effective responses which help them to understand and navigate the system and to find a path back out of it. This will require additional resources.

The Inspectorates’ report echoes the recommendations of the All-Party Parliamentary Group for Acquired Brain Injury’s report; Acquired Brain Injury and Neurorehabilitation: Time for Change . This made a series of proposals on criminal justice which the Group is seeking to take forward and we wish to see addressed by the government following the review:

• Criminal justice procedures, practices and processes should be reformed to take into account the needs of individuals with Acquired Brain Injury
• Training and information about Acquired Brain Injury is required across all services including the police, court, probation and prison services
• Brain injury screening for children, young people and adults is required on entry to the criminal justice system and, if identified, an assessment of the effects, deficits, severity and impact is required with the appropriate interventions planned and implemented by a trained team
• All agencies working with children and young adults in the criminal justice system, schools, psychologists, psychiatrists, general practitioners and youth offending teams should work together to ensure that all the needs of the individual are addressed.

Since the report, UKABIF has been working with the All-Party Parliamentary Group on Acquired Brain Injury to promote a cross-government approach. We therefore welcome the overarching recommendation for there to be stronger strategic leadership and direction and we hope to see the Secretary of State for Justice, Rt Hon Robert Buckland MP QC, build on his public commitment to improve responses to neurodiverse conditions in courts, prisons, and probation services by now taking strong and decisive action on the Inspectorates’ other recommendations.

Chloe Hayward, UKABIF’s Executive Director said: “We are really pleased that the first steps to neurodiversity being seriously addressed have been taken by the government in commissioning this review. There is a strong evidence base for change, published by Criminal Justice Acquired Brain Injury Interest Group members and others, and we are delighted that our lobbying efforts have brought these into focus.”

Professor Huw Williams, Associate Professor of Clinical Neuropsychology at Exeter University and co-chair of the Group said: “Brain injury makes children and young people likely to be excluded from schools, socially isolated, and led into crime by others. The effects of TBI makes it harder for both them and adults to change behaviour and engage in ‘treatments’ available in prisons and through probation supervision in the community as they typically have poorer memory and are impulsive. Research has shown how interventions can be adapted to be effective for them. Such modifications would enhance treatments for all those in prison and on community orders who often have neuro-disabilities of some form and problems in learning and changing behaviour. We look forward to working with the government as it implements the recommendations of the Review”.

A full copy of the report can be viewed here.

Notes

1.     UKABIF's primary role is to raise awareness of acquired brain injury. UKABIF provides the secretariat for the  All Party Parliamentary Group for Acquired Brain Injury and steered the course to develop a report designed to drive change for brain injury survivors.

2.     The Group submitted evidence to the Ministry of Justice's review and attended a virtual ‘Neurodiversity evidence review round-table event' organised by HM Inspectorate of Prisons. We highlighted examples of good practice developed and evaluated by several of our members. We also drew attention to the urgent need for further research, alongside the improvements in practice addressed in the Time for Change report.

3.     The Criminal Justice Acquired Brain Injury Interest Group (CJABIIG) was established in January 2011. It is a consortium of representative groups spanning public, private and third sector organisations with the objective of raising the awareness of the significant number of people in the youth justice system with an undiagnosed Acquired Brain Injury (ABI). For membership see here.

4.     UKABIF has recently secured funding from the Barrow Cadbury Trust Criminal Justice Programme to conduct research on community-based support for young adults with ABI or suspected ABI in contact with courts and the police and on training delivered across courts, prisons and probation and how that is embedded. We will also work with young adults to co-produce a self-help tool for young adults with ABI who are engaged in the criminal justice system.

5.     The Time for Change report, published by the All Party Parliamentary Group on Brain Injury in 2018, is available here.

6.     The Group’s response to the Inspectorates’ call for evidence is available here.

For more information about The Group please go to https://ukabif.org.uk/page/CJABIIG2