Offenders with Learning Disabilities and Learning Difficulties

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Offenders with Learning Disabilities and Learning
Difficulties
Awareness Training for Staff in the Criminal
Justice System
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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

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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 ?

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Some of the things that people may need support
with

Managing money Travelling independently Perso
nal hygiene and looking after themselves
Reading and Writing Telling the time Daily
living skills, like cooking
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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.

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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/Aspergers Syndrome

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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.

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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

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Aspergers 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).

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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 Bradleys 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)

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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)

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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 wordclearly

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Conducting an Interview or one-to-one
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Written Communication

• Simple and clear communication of the main
  points.
• Checking for understanding.
• Providing support if necessary.

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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. Avoid Fancy Fonts,
underlining and italics which change the shape of
the word.
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Easy Read wording
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.

Please sign this pro-forma 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
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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

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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.

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Learning Disabilities the Criminal Justice
SystemPolice
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.
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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)
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Legislation and guidancesuspects 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)

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Examples of Positive Practice
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Actions to take back to the workplace
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Learning Disabilities the Criminal Justice
SystemCourts
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The initial stages of the process

• Early Identification
• Communication with other services
• Assessing and meeting all support needs

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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

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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

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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

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Examples of Positive Practice
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Actions to take back to the workplace
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Learning Disabilities the Criminal Justice
SystemPrisons
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The First Stages

• Reception
• Induction

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Prison Life
Placing Prisoners
Once settled
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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

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Prison Rules and Legislation for prisoners with
a learning disability
PSI 32/2011 'Ensuring Equality'
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Examples of Positive Practice
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Actions to take back to the workplace
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LD the Criminal Justice SystemProbation
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Assessment of needs and abilities

• Early identification of learning disabilities
• Meeting the person's specific support needs

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Community life
Accommodation Benefits Education Work Fitting-in
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Probation Standards and Legislation

• National Probation Service Standards (2005)
• Probation Instructions
• PI 07/2011 (Licence Conditions)

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Examples of Positive Practice
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Actions to take back to the workplace
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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)

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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)

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Resources
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