Offenders with Learning Disabilities and Learning Difficulties Awareness

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. Positive Practice Positive Outcomes

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 Positive Practice Positive Outcomes

Offenders with Learning Disabilities • How much of a problem is this in the CJS? • What is the role of criminal justice staff? Module 1 Positive Practice Positive Outcomes

‘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 Positive Practice Positive Outcomes

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 Positive Practice Positive Outcomes

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 Positive Practice Positive Outcomes

What should you do if you think someone might have a learning disability? Module 1 Positive Practice Positive Outcomes

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 Positive Practice Positive Outcomes

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 Positive Practice Positive Outcomes

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 Positive Practice Positive Outcomes

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 • Positive Practice Positive Outcomes

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 Positive Practice Positive Outcomes

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 Positive Practice Positive Outcomes

'Screening' tools for possible Learning Disabilities Module 1 Positive Practice Positive Outcomes

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 Positive Practice Positive Outcomes

Key Legislation • The Equalities Act (2010) / Disability Discrimination Act (previously) • The Mental Health Act (1983) (2007) • The Mental Capacity Act (2005) Module 1 Positive Practice Positive Outcomes

Getting Help and Support Module 1 Positive Practice Positive Outcomes

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 3 rd sector providers Module 1 Positive Practice Positive Outcomes

Communication • How and Why we communicate • Spoken communication • Written communication • Making things memorable • Checking people understand Module 2 Positive Practice Positive Outcomes

How and Why do we Communicate? Module 2 Positive Practice Positive Outcomes

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 Positive Practice Positive Outcomes

Conducting an Interview or ‘one-to-one’ Module 2 Positive Practice Positive Outcomes

Written Communication • Simple and clear communication of the main points. • Checking for understanding. • Providing support if necessary. Module 2 Positive Practice Positive Outcomes

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, Avoid underlining and italics which change the shape of the word. Module 2 Positive Practice Positive Outcomes

‘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. ” Positive Practice Positive Outcomes

Use pictures to support words and concepts Module 2 Positive Practice Positive Outcomes

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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 Positive Practice Positive Outcomes

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 Positive Practice Positive Outcomes

Learning Disabilities & the Criminal Justice System Police Module 3 Positive Practice Positive Outcomes

In the Community and on arrival at the Police station Module 3 Positive Practice Positive Outcomes

Effective Communication with Suspects Explain everything! Always check for understanding. Module 3 Positive Practice Positive Outcomes

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 Positive Practice Positive Outcomes

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 Positive Practice Positive Outcomes

Examples of Positive Practice Module 3 Positive Practice Positive Outcomes

Actions to take back to the workplace Module 3 Positive Practice Positive Outcomes

Learning Disabilities & the Criminal Justice System Courts Module 3 Positive Practice Positive Outcomes

The initial stages of the process Early Identification Communication with other services Assessing and meeting all support needs Module 3 Positive Practice Positive Outcomes

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 Positive Practice Positive Outcomes

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 Positive Practice Positive Outcomes

Court Legislation and Guidance (regarding defendants with a learning disability) • Human Rights Act • Mental Health Act • 'Fit to Plead' • Various guidance documents Module 3 Positive Practice Positive Outcomes

Examples of Positive Practice Module 3 Positive Practice Positive Outcomes

Actions to take back to the workplace Module 3 Positive Practice Positive Outcomes

Learning Disabilities & the Criminal Justice System Prisons Module 3 Positive Practice Positive Outcomes

The First Stages • Reception • Induction Module 3 Positive Practice Positive Outcomes

Prison Life Placing Prisoners Once settled Module 3 Positive Practice Positive Outcomes

Resettlement • Allow extra time to organise • May be stressful for them • Work with internal and external staff involved with the prisoner Module 3 Positive Practice Positive Outcomes

Prison Rules and Legislation for prisoners with a learning disability PSI 32/2011 'Ensuring Equality' Module 3 Positive Practice Positive Outcomes

Examples of Positive Practice Module 3 Positive Practice Positive Outcomes

Actions to take back to the workplace Module 3 Positive Practice Positive Outcomes

LD & the Criminal Justice System Probation Module 3 Positive Practice Positive Outcomes

Assessment of needs and abilities Early identification of learning disabilities Meeting the person's specific support needs Module 3 Positive Practice Positive Outcomes

Community life Accommodation Benefits Education Work Fitting-in Module 3 Positive Practice Positive Outcomes

Probation Standards and Legislation • National Probation Service Standards (2005) • Probation Instructions – PI 07/2011 (Licence Conditions) Module 3 Positive Practice Positive Outcomes

Examples of Positive Practice Module 3 Positive Practice Positive Outcomes

Actions to take back to the workplace Module 3 Positive Practice Positive Outcomes

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 Positive Practice Positive Outcomes

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 Positive Practice Positive Outcomes

Resources Module 3 Positive Practice Positive Outcomes

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