Time for Reform: Neurodiversity and CJS

ARTICLE

Time for Reform: Neurodiversity and CJS

Last year’s review has long been overdue. Lord Chancellor and Secretary of State for Justice, Rt Hon Robert Buckland QC MP review produced several key findings aimed to promote a better understanding of their impact of neurodiversity within the criminal justice system (CJS). As of March 2021, there are 1.07 million people within the UK criminal justice system. With 15%-20% of the world’s population estimated to be neurodiverse, an individual with autism, dyslexia, dyspraxia, ADHD, it is reasonable to estimate that a high percentage of those within the criminal justice system are neurodiverse. In addition to navigating a society that is set up to benefit “neurotypicals”, these neurodiverse individuals must navigate the complex framework of the CJS system.

More research is needed in this area. Findings from studies conducted to date on neurodiverse individuals in the various prison systems around the world have three main findings: First, neurodiverse groups are over-represented in the prison system, compared to the general prison population. Second, they often have “hidden differences” when compared to their neurotypical counterparts and therefore experience a lack of appropriate response towards them by prison staff. Finally, the lived experience is particularly difficult for the neurodiverse when compared to the general prison population.

One research team (Young, S. et al, 2018), found 32% of the prison population in their study were neurodiverse, with ADHD (25%) representing the highest form of neurodiversity. It is thought that ADHD is particularly common amongst prison populations, with one Swedish research team finding prevalence rates as high as 40% in their study.

Those with neurodiversity, but perhaps particularly ADHD, have a bad time in a prison environment, as the difficulties around remaining focused and attentive during, for example, probation interviewing/work can prove problematic and, for those undiagnosed, may result in incorrect interpretations in terms of engagement and attitude, making them more vulnerable within the system (Usher et al., 2013). For example, functional impairments can impact the individual’s ability to follow the basic rules of the court and probation (Colwell et al., 2012).

These findings suggest that there is a greater need for key actors within the criminal justice system such as the police, prison staff, lawyers, and probation officers, to be more empirically aware of neurodiverse groups’ differences, and be able to respond in a manner that is guided by evidence and best practice. This is something that the Lord Chancellor’s review concurred with.

Much like other organisations, the Institute Of Neurodiversity (ION) welcomes several of the recommendations made in the review. These include;

■ The implementation of a robust system of screenings for neurodiversity. Understanding the scope of how many neurodiverse individuals are currently within CJS is essential to being able to support their needs.

■ An increased in coordination between departments within the civil service. The review recommended greater interaction between the Home Office, Department for Health and Social Care, and the Department for Education and the Welsh Government as well as a national strategy of support for neurodiverse. Collaboration between these departments and through a national strategy will lead to greater understanding of neurodiverse needs.

■ More training on neurodiversity for CJS staff. This a crucial outcome of this review as staff should be aware of what neurodiversity is and how to best support neurodiverse individuals. As Noori Piperdy, policy officer of CLINKS points out:

“User Voice reported that 76% of the service users they spoke to stated that staff in the criminal justice system did not understand their neurological needs.”

Understanding the needs of a neurodiverse individual is a key step in respecting their dignity as a human being. As part of the training, the review suggested the need for a campaign of awareness as well as bringing in external partners into the development of the national strategy and training. The ION welcomes such an action as staff will benefit from in-depth knowledge which neurodiverse advocates can provide. In turn, advocates will be able to recommend reforms which ensure that neurodiverse individuals are better supported and that structural changes are made.

For this reason, the ION and its partners will hold an annual summit covering neurodiversity within the criminal justice system, looking at research, awareness, and solutions to the unacceptably high level of incarceration for neurodiverse individuals. ■

Charlotte Valeur is the Chair and co-founder of the ION. She has over 40 years of experience in finance, primarily as an investment banker in Denmark and the U.K. She coined the phrase “board apprentice” and founded an organisation of the same name in 2014 to encourage more diversity of all types on public and private boards across the world.

ION’s vision is to be a significant part of developing a world where Neurodiverse individuals are spotlighted for positive things as opposed to negative and to help create a world where Neurodiverse individuals feel accepted, represented, included, empowered, and heard. For more information, to donate or become a member or visit www.ioneurodiversity.net.