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Neurodiversity in the youth justice system

Youth Justice Board For England Wales

March 18
11:23 2024

Its Neurodiversity Celebration Week (18-24 March 2024) and a perfect opportunity to learn more and celebrate the diverse ways that the human brain functions.

This week we will be shining a light on the overrepresentation of neurodivergent children in the youth justice system while promoting equality and equity. It is clear that a greater understanding of neurodiversity is vital if we are to build a more inclusive society that benefits from, not disables, the strengths that neurodivergent people offer.

Understanding neurodivergence

The term neurodivergent is used to describe a person whose brain functions, learns and processes information differently to the way society expects. This includes children with a diagnosed condition such as ADHD, autism, dyspraxia, dyscalculia, dyslexia, and developmental language disorder.

For much of my career, I have worked in special schools with children experiencing severe social, emotional and mental health difficulties. Despite the challenges that can come with these conditions, I have seen first-hand how each and every child has unique strengths and talents. That is why working with neurodivergent children in a strengths-based way is so important, while not losing sight of the significant difficulties that they face.

No one-size-fits-all

We know that for a child to end up in the youth justice system, somewhere along the line an adult has failed them. It is a sad fact that those children who are most overrepresented in the system will have also been failed the most in their early years. Im thinking here of children from ethnic minority backgrounds, those with experience of care and of course those who are neurodivergent.

Overrepresentation is significant, which is noted by Professor Amanda Kirby in her Neurodiversity a whole-child approach for youth justice (HM Inspectorate of Probation 2021).

She says: At least one in three people moving through the justice system are thought to be neurodivergent. That is twice the proportion in the general population. It is simply unacceptable that a child is more likely to be criminalised because of their differences.

We need to move away from a one-size-fits-all approach if neurodivergent children are to thrive. If we unpick some of the barriers that they currently face in our society, we will likely find:

  • unmet needs due to lack of identification of neurodivergence
  • delays in assessments, or lack of inappropriate support or interventions once diagnosed
  • increased vulnerability to violence and abuse
  • poorer mental health
  • increased risk of substance misuse
  • societal stigma and labelling
  • increased likelihood of exclusion from education
  • higher unemployment rate.

Im sure that much of what is listed above will be all too familiar to children in the justice system and those who work with them. Each of these barriers could be stopping that child from moving on to achieve the same positive outcomes as neurotypical children.

Education sits at the heart

The barriers neurodivergent children face are often interconnected, but I see access to education sitting at the heart of it. I have said before that exclusion is perhaps the youth justice systems biggest problem. According to the Institute for Public Policy Research Children in England and Wales with an identified special educational need are at least 7 times more likely to be excluded from mainstream education than their peers. Alongside suspensions and persistent absenteeism, exclusion leads to poorer outcomes with excluded children having reduced exposure to positive relationships and having an increased risk of exploitation. More details of this are within the publication Making The Difference: Breaking the link between school exclusion and social exclusion research.

A strengths-based approach

So, how do we help children overcome these barriers? For a start we should provide children with safe and supportive environments, such as a classroom or another setting. In the case study below I give an example of how to achieve inclusive education through a whole school community approach. We should challenge stigma and support children with individualised responses to develop their strengths and potential. This approach is backed by years of evidence and aligns directly with the Child First evidence base which informs the YJBs guiding principle.

The support a child will need will vary according to the individual, some may require more significant support, such as from mental health professionals, speech therapists, and behavioural specialists. For others it might involve smaller adjustments, such as sensory-friendly environments, materials created with accessibility in mind or even distraction items such as stress balls. However, all support should be geared towards helping the child towards their future aspirations and be tailored to the individual.

In our case management guidance, we advise that professionals be able to demonstrate how the child has worked with them to develop positive plans for the future. We state that these should be collaboratively developed and based on the childs strengths. If there are likely to be any difficulties in the child understanding what is going on (e.g. because of speech and language problems), we advise on the steps to take including advice on how and when to get support for a child with communication needs who may require an intermediary.

In another section of the case management guidance we direct professionals towards other useful resources out there. For example, there is a guide produced by the Communication Trust to aid how we communicate with children, particularly those with communication difficulties, entitled Sentence Trouble.

It provides examples of situations where behaviours, which might be interpreted as disruptive, could be the result of the childs lack of understanding or even their response to formal situations. It also includes a range of tips and suggestions that are proven to support children with communication needs, such as the type of language to use, or even to ask the child to repeat back in their own words what you have said to check understanding.

Moving forward

As we mark Neurodiversity Celebration Week, let us reaffirm our commitment to support neurodivergent children within the justice system. Let us also stay curious. This week is about learning, and so we must continue to listen to children, find out where their strengths lie and what they find challenging.

By breaking down barriers, fostering understanding, and promoting inclusivity, we can create a system that recognises and values the unique strengths and needs of all children. This will support an inclusive society for neurodivergent children, not just for today but for future generations to come.

Share our similarities, celebrate our differences.

M Scott Peck

Case study: a whole school community approach

Introduction:

In this case study, we will explore how the specific needs of a neurodivergent child were successfully met in a secondary school setting, preventing the negative impact of potential exclusion. This was achieved by implementing a whole school approach.

This approach included high quality support and training for all involved as well as a comprehensive support plan. This meant the school was able to create an inclusive and supportive environment that fostered the childs academic, social, and emotional growth.

Background:

A child was diagnosed autistic at an early age. As they transitioned to secondary school, it became evident that they required specialised support to ensure their educational success and overall well-being. The school recognised the importance of accommodating their unique needs, and a collaborative approach was adopted involving the school administration, teachers, support staff, and the childs parents/carers.

Creating an Individualised Education Plan:

The first step in meeting the childs needs was the development of an Individualised Education Plan (IEP). The IEP was designed to provide a roadmap for the childs educational journey, identifying specific goals, accommodations, and support strategies. The plan was created in consultation with the childs parents, teachers, and other relevant professionals, ensuring a holistic understanding of their strengths, challenges, and learning style.

Academic support:

To support the childs academic progress, the school implemented various strategies. Firstly, teachers received training on autism awareness and inclusive teaching practices. The school also implemented a trau

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