MoJ updates Neurodiversity in the Criminal Justice System Action Plan

The UK Acquired Brain Injury Forum (UKABIF) and the Criminal Justice Acquired Brain Injury Interest Group (CJABIIG) welcomes the Ministry of Justice’s update on its action plan in response to the recommendations of the 2021 review of evidence on Neurodiversity in the Criminal Justice System published today (25th January 2023).

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, making this the most prevalent cause of neurodisabiltiy within the system. People with brain injury face challenges in understanding and navigating the criminal justice system and finding a path back out of it.

We are pleased to see the proliferation of practical activities across the criminal justice system linked to the Action Plan, including guidance on best practice and avenues for support, and the newly created specialist positions to drive change in the prison service. We hope this will provide the basis for significant cultural change that recognises how people with brain injuries can get swept into the criminal justice system due to a lack of effective prior support, and better responds to those that do, through awareness raising, screening, assessment, and evidence-informed, effective responses. We welcome the Ministry of Justice’s ongoing efforts to better understand the complexities of people’s needs across the range of neurodisabilities and to coordinate steps to meet them.

UKABIF’s Time for Change report made a series of proposals on criminal justice, which we wish to see addressed by the government both through this Action Plan and in the forthcoming wider cross-government ABI strategy:

·       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.

Chloe Hayward, UKABIF’s Executive Director said: “We are really pleased to see the progress that the government and criminal justice agencies are taking to ensure that neurodiversity is addressed with the seriousness and commitment that people with an acquired brain injury deserve. The evidence base for change continues to strengthen, as published by ABI Justice Network members and others, and we are delighted that our ongoing advocacy is taking effect. We look forward to seeing the outcomes of the actions being taken to start to improve the lives of those affected by brain injury.”

Professor Nathan Hughes, Chair of CJABIIG and Professor of Adolescent Health and Justice at the University of Sheffield, said: “The effects of brain injury, which typically include poorer memory and impulsivity, make it harder to navigate criminal justice processes, including contact with the police, probation services and prisons, to engage well with them and to get appropriate support. Research has shown how practices of criminal justice agencies can be adapted to be effective for people with ABI and help them to understand and better manage their behaviour; however, such practices are not commonplace. We are pleased to be working closely with the government as it implements its action plan and considers what further steps can be taken as part of its commitment to a cross-government strategic approach”.

You can read a full version of the updates here and an easy read version here.