People with Learning Disabilities in the Criminal Justice System Sue Kerswell Offender Health - South West Criminal Justice System – is the way we make sure people obey the law and if they don’t there is a fair way to deal with them. This means working together with the police, courts and prisons.

My Job Work with health, social care and criminal justice agencies across the South West to improve the way people with learning disabilities are identified if they find themselves in trouble with the law or if they do things that might get them into trouble with the police And if people do find themselves in trouble with the police that their needs are properly met

Who are we talking about It is believed that about a ¼ of the people who get in trouble with the law have some form of learning disability that prevents them coping with the criminal justice system € €€ € € 7% of prisoners have an IQ of less than 70 and a further 25% have an IQ of less than 80 (Mottram, 2007) 23% of juvenile prisoners have an IQ of less than 70 (Harrington and Bailey et al, 2005) Up to 9% of people arrested have learning disabilities (Holland et al 2002) 26% of people known to learning disability services have or are at risk of offending

What are the issues - The Police Station Police Officers don’t always know when someone has a learning disability Few Appropriate Adults Lack of accessible information; difficulties understanding process & rights Getting the Criminal Justice Service response right Questioning – people answer yes to please and agree with all questions Appropriate Adults job is to make sure that the person who has been arrested understands what is happening to them (the custody process), legal advice and any questions that the police might ask

What are the issues - Court Some people do not know why they are at court The way questions are asked makes people with learning disabilities more likely to say yes Words used in Court are difficult to understand ‘Special Measures’ are available for victims, but not always for the accused Courts are not told when people have a learning disability When they are told, it is not always clear what support people can get Special Measures – are things that help vulnerable witnesses or victims when they are giving evidence e.g. giving evidence by video, removal of wigs and gowns and having some one (an intermediary) to help the person communicate

What are the issues - prison Don’t know when people have a learning disability Prison rules can be hard to understand People with learning disabilities don’t know why they are there/parole/ release dates Everything based on filling out forms Lack of programmes suitable for people with learning disabilities Less likely to take part in activities More likely to experience seclusion & restraint More likely to experience depression and anxiety

Why with learning disabilities are 1 of the groups of Valuing People Now (DH, 2009) says that offenders with learning disabilities are 1 of the groups of people who miss out more than others. It says that the needs of these people must be part of any plans about learning disability The Bradley Report (Lord Bradley 2009), an independent review into the needs of people with mental health needs and learning disabilities identified many areas where services could be improved for people with learning disabilities. Other reports include: Positive Practice, Positive Outcomes (2010) Disability Discrimination Act (2005) Prisoners Voices, Prison Reform Trust (2008) Health Action Planning Guidance (2009) Commissioning Specialist Adult Learning Disability Services (2007)

What am I doing Looking at what is happening across the South West Supporting Steering Groups to make change happen Conference to share good practice and set local actions Training for criminal justice staff Supporting national developments to happen in the South West Looking at ways of making sure people’s needs are identified Joined up work between criminal justice and learning disabilities staff

Learning Disability and Criminal Justice Groups Regional Valuing People Regional Offender Health Lead LDPB LD & CJS group Prison Partnership Board Learning Disability Services Prison People with Learning Disabilities Police Courts Probation

What is the Dorset Learning Disabilities and Criminal Justice Group doing? Agreed the groups rules Looking at more joined up working Plan to map existing services within Dorset, Poole and Bournemouth for people who are, or may come into contact with Criminal Justice Map out current assessment criteria to Learning Disability Services Identify current training needs for all Criminal Justice staff; how training is being delivered and unmet training needs

Sue Kerswell Sue.kerswell@southwest.nhs.uk