People with learning disabilities

in the criminal justice system

Chloë Trew, Policy and Research Assistant Manager Scottish Consortium for Learning Disability

About SCLD

SCLD was set up in 2001, following a recommendation of ‘The same as you?’

‘The same as you?’ was the Scottish Government’s policy about people with learning

disabilities and family carers.

‘The keys to life’ is the new learning disability strategy

(as of yesterday!)

Our mission is to work in partnership with people with learning disabilities of all ages and family carers to challenge discrimination and to develop and share good practice.

Our mission

Our goal is an inclusive Scotland where everyone is valued and respected for who they are and what they contribute as equal citizens.

Our goal

SCLD’s strategic priorities•Promote equality for people with learning disabilities, people on the autism spectrum and their families through influencing and evaluating policy and practice at a national and local level.

•Promote policies and practices to enable and empower people with learning disabilities and people on the autism spectrum.•Help to build more inclusive communities by improving access to information and support.

“Do you know what is going to happen when you leave prison?”

“I am trying to get out, I don’t know what to do, I want to get a flat or somewhere where it helps learning difficult [sic] people. I need to see a social worker and ask her what route to go. A place for learning difficult people [sic] I think. I could share with someone. I have been at the YMCA. I’d like my own room, kitchen, toilets – a shared sitting room, like I was when I was in the homes and I preferred it. When I get out, I am going to go cruising for a few birds with my pal, all suited and booted…It’s hard to do [other] things like counting, I have not got a clue about paying bills or housework. I’m going to need some kind of help. I’m going to struggle.”

Interview evidence from ‘The same as you?’ Evaluation

Criminal Justice SAY Implementation Sub Group chaired by People First Scotland

• Defining the problem(s):Perpetrators with learning disabilities may be being disadvantaged in their interactions with the different elements of the criminal justice systemDifferences in practice across different areasHow accessible and appropriate are criminal justice policies and practice for perpetrators with learning disabilities?

‘The same as you?’Background

Context• ‘The same as you?’ evaluation• ‘The keys to life’• Commission on Women Offenders• Carloway Report• Changes to the Criminal Justice system more

broadly: move away from prison to diversion & alternative disposals

• SDS• Health and social care integration

Research aims

To compare the experiences of people with learning disabilities with that journey and identify points

To map a ‘normative’ journey of people with learning disabilities through the criminal justice system

To identify if and how practices vary across different geographical areas

Methodology

Literature review

Key individual interviews•Potential narrowing of focus•Different methodological approaches for different groups of professionals

Building the map and testing it out

Methodology (continued)• Inclusive interviews with

people with learning disabilities to find out about their experiences

•Analysis and reporting

Limitations• A broader view rather than a more in-depth one• A ‘normative’ journey may be difficult to

construct given the many different variables to take into account

• People with learning disabilities may struggle to recall, articulate or describe what happened to them at particular points or to identify who individual actors are or their role

• How long ago were people involved in the system?

The journey so far....• Stage 1: Getting into trouble/risky

behaviours• Stage 2: Risky behaviours resolved or risky

behaviours develop into criminal activity• Stage 3: Police involvement• Stage 4: Police resolve issue or a decision

to refer the case to COPFS• Stage 5: COPFS• Stage 6: Trial• Stage 7: Release or sentencing• Stage 8: Serving sentence• Stage 9: Parole and release• Stage 10: Throughcare

Initial thoughts on barriers

• Accessibility and appropriateness• Information sharing• Recognition of learning disability by different

agencies• Access to appropriate support at all ages• Confusion between learning disability and

learning difficulty/literacy and numeracy issues• Co-morbid mental health and learning disability

Questions, comments and feedback

Chloë TrewPolicy and Research Assistant Manager

Scottish Consortium for Learning Disabilitychloe.t@scld.co.uk

0141 559 5720