Offenders with Learning Disabilities
and Learning Difficulties
Awareness Training for Staff in the
Criminal Justice System
Positive Practice Positive Outcomes
Course Content
• Module 1: What is a Learning Disability?
– Related conditions and issues
– Key legislation
– General help and support
• Module 2: Communication
– Problems and solutions
• Module 3: Learning Disability in the Criminal Justice System
– Extra things to know and consider
– Actions and resources for the workplace
•
DVD Clips throughout – Stories from offenders with learning disabilities
Positive Practice Positive Outcomes
Learning Outcomes
• To have an increased awareness of the key issues.
• To be able to identify offenders who might have a learning disability or
learning difficulty and to provide the appropriate support.
• To gain a better understanding of how to communicate effectively.
• To understand the legal rights of offenders with learning disabilities
and to help enable fair and equal treatment.
• To have a list of actions or changes to take back to the workplace.
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Learning Disability
• “A significantly reduced ability to understand complex
information or learn new skills (impaired intelligence),
• A reduced ability to cope independently (impaired social
functioning),
• A condition which started before adulthood (18 years of age),
and has a lasting effect”.
(Department of Health, 'Valuing People' White Paper (2001))
People with a learning disability
are people first.
Module 1
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Offenders with
Learning Disabilities
• How much of a problem is this in the CJS?
• What is the role of criminal justice staff?
Module 1
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‘Valuing People’ Values
The 2001 ‘Valuing People’ White Paper is based on people with learning
disabilities having:
•
their rights as citizens
•
inclusion in local communities
•
choice in daily life
•
real chances to be independent
How would these be upheld for offenders… ?
Module 1
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Some of the things that people
may need support with…
Reading and
Writing
Telling the time
Daily living skills,
like cooking
Module 1
Managing money
Travelling
independently
Personal hygiene
and looking after
themselves
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Typical Behaviour (in the CJS)
Offenders with a learning disability may...
•
also have mental health problems
• be very impressionable and keen to fit in
• be a “loner”, or struggle to socialise and communicate
• have aggressive outbursts when frustrated or confused
• have difficulty filling out forms and accessing information
• hide problems they are having and appear more ‘able’ initially
• struggle to understand orders, instructions, rules and procedures
• possibly be bullied or abused by others (i.e. are more vulnerable)
Module 1
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What should you do
if you think someone might have
a learning disability?
Module 1
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Learning disability and mental health
• A learning disability is a life-long condition. There is no ‘cure’ or
periods of non-disability.
• Mental health conditions can develop at any age
(a learning disability starts in early life).
• Mental health symptoms can be treated
through therapy and drugs.
• Adults with a learning disability are more likely to have
schizophrenia, depression, anxiety and phobias.
Module 1
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Learning disability and health
Higher rates of:
• epilepsy
• hypertension
• obesity
• thyroid problems
• diabetes
• poor dental hygiene
• poor sight
• hearing problems
• heart problems
• cerebral palsy
• gastro-intestinal problems
• autism/Asperger’s Syndrome
Module 1
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Learning Difficulties
• The term is often used to describe specific
problems with comprehension such as
Dyslexia but their overall IQ is not affected.
• This term is also used for some people
with poor reading, writing and general
comprehension abilities, a lower than
average IQ, poor educational
achievements etc.
Module 1
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Autism
• Lifelong condition
• Problems communicating
• Difficulty in using their imagination
• Repetitive and obsessive behaviour
• Trouble making eye contact with other people
• Problems forming relationships with other people
• Maybe over-sensitive to strong smells, sounds, touch or lighting
Module 1
•
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Asperger’s Syndrome
• A form of autism, similar problems. Usually higher IQ.
• Typically fewer problems with language than people with
autism.
• Unlikely to also have a learning disability, but possible.
• Often like to have a regular routines everyday and can find
changes to this upsetting (as do people with autism).
Module 1
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Attention Deficit Hyper-Activity
Disorder (ADHD)
• 3-5% of the (school age) population
• 60% of children with ADHD have it as an adult
• A persistent pattern of inattention and/or hyperactivity
• Being forgetful and impulsive
• Being easily distracted
Module 1
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'Screening' tools for
possible Learning Disabilities
Module 1
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Recent Developments and Reports
• “Positive Practice Positive Outcomes: A Handbook for Professionals
in the Criminal Justice System working with Offenders with Learning
Disabilities” (2011)
• “The Bradley Report: Lord Bradley’s Review of people with Mental
Health problems or Learning Disabilities in the Criminal Justice
System” (2009)
• “No One Knows; Learning disabilities and learning difficulties in the
criminal justice system.” The Prison Reform Trust (2009)
• “Valuing People Now: A new three-year strategy for people with
learning disabilities. Making it happen for everyone” (2009)
Module 1
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Key Legislation
• The Equalities Act (2010) / Disability Discrimination Act (previously)
• The Mental Health Act (1983) (2007)
• The Mental Capacity Act (2005)
Module 1
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Getting Help and Support
Module 1
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Getting Help and Support
• Community LD Teams / Adult Social Services
• Liaison and Diversion Teams
• Child & Adolescent Mental Health (CAMHS)
• LD Partnership Boards
• Independent, Private and 3rd sector providers
Module 1
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Communication
• How and Why we communicate
• Spoken communication
• Written communication
• Making things memorable
• Checking people understand
Module 2
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How and Why
do we Communicate?
Module 2
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Spoken Communication
• Are you being clear or are you being condescending?
• They may have a shorter attention span
• Possibly use less eye contact
• Need more processing time
• Need to hear every word
clearly
Module 2
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Conducting an Interview
or ‘one-to-one’
Module 2
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Written Communication
• Simple and clear communication of the main points.
• Checking for understanding.
• Providing support if necessary.
Module 2
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How to do ‘Easy Read’
• Overall layout
• Font size, font type and line-spacing
Use ‘Arial’ or ‘Comic Sans’ as these have a simple letter shape.
Fancy Fonts, underlining and italics which change the
Avoid
shape of the word.
Module 2
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‘Easy Read’ wording
“Please sign this proforma to demonstrate that
you agree to the terms as
stated previously.
You will hereby be
accepting responsibility
for the five actions and
conditions outlined in the
accompanying document.”
Module 2
“Please sign your name on this
form to show that you
understand the information
written on the main letter.
This is to show that you agree
with the information and will do
the 5 things explained in the
letter.
This is a legal document. This
means it is illegal to not do the
things you have agreed to do.”
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Use pictures to support
words and concepts
Module 2
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Making things easy to
remember
• Say or write the most important point first
• Make your message stand out
• Repeat your message
• Remind them at the end what has been said
• Use an ‘object of reference’ as a reminder
Module 2
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Checking that they understand
the following…
• all spoken and written communication,
?
• what is happening to them and why,
• what is expected of them.
Module 2
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Learning Disabilities &
the Criminal Justice System
Police
Module 3
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In the Community and
on arrival at the Police station
Module 3
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Effective Communication
with Suspects
Explain everything!
Always check for understanding.
Module 3
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Appropriate Adults Schemes
“I support the detainee to fully
understand what is happening and
I often have to explain to them the
seriousness of the situation.”
AA (Walsall AA Scheme)
Module 3
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Legislation and guidance:
suspects with a learning disability
• PACE Guidance
('Mentally disordered' / 'Mentally vulnerable')
• The Mental Health Act
(and its use for learning disabilities)
• NPIA Guidance
(Mental health and learning disabilities)
Module 3
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Examples of Positive Practice
Module 3
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Actions to take back
to the workplace
Module 3
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Learning Disabilities &
the Criminal Justice System
Courts
Module 3
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The initial stages of the process

Early Identification

Communication with other services

Assessing and meeting all support needs
Module 3
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Communicating effectively at all
stages of the Court process

Consider all forms of communication, at all stages:
 Initial notices sent out
 Phone messages left
 Requests for meetings
 1-2-1 discussions
 Court-room questioning
 Instructions/Bail conditions
 Always check for understanding
 Moderating how others communicate with the person also
Module 3
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During the hearing:
the court environment and procedures

Appropriate methods of communication

Changes to the court-room environment

Additional things to consider when sentencing
Module 3
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Court Legislation and Guidance
(regarding defendants with a learning disability)
• Human Rights Act
• Mental Health Act
• 'Fit to Plead'
• Various guidance documents
Module 3
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Examples of Positive Practice
Module 3
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Actions to take back
to the workplace
Module 3
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Learning Disabilities & the Criminal
Justice System
Prisons
Module 3
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The First Stages
• Reception
• Induction
Module 3
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Prison Life
Placing Prisoners
Once settled
Module 3
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Resettlement
• Allow extra time to organise
• May be stressful for them
• Work with internal and external staff involved
with the prisoner
Module 3
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Prison Rules and Legislation
for prisoners with a learning disability
PSI 32/2011
'Ensuring Equality'
Module 3
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Examples of Positive Practice
Module 3
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Actions to take back
to the workplace
Module 3
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LD & the Criminal Justice System
Probation
Module 3
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Assessment of
needs and abilities

Early identification of learning disabilities

Meeting the person's specific support needs
Module 3
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Community life
Accommodation
Benefits
Education
Work
Fitting-in
Module 3
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Probation Standards
and Legislation
• National Probation Service Standards (2005)
• Probation Instructions
– PI 07/2011 (Licence Conditions)
Module 3
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Examples of Positive Practice
Module 3
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Actions to take back
to the workplace
Module 3
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Useful Local Contacts to find out…
• On-Call Psychiatrist and/or Duty Social Worker
• Local Authority
• Community Learning Disabilities Team (CLDT)
• Learning Disability Partnership Board (LDPB)
• Local healthcare provider
• Mental Health Trust (MHT)
Module 3
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Useful Local Contacts (continued) …
• Local Children and Adolescents Mental Health Services (CAMHS)
• Local Criminal Justice Liaison and Diversion Team or other
forensic support service
• Lead person for the Disability Discrimination (Equalities) Act
/Disability Equality Scheme
• Local Day Services and Employment Schemes for people with
learning disabilities
• Local Specialist Schools for people with learning disabilities and
similar needs
• Local ‘Appropriate Adult’ Scheme (Police only)
Module 3
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Resources
Module 3
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