positive practice positive outcomes offenders with learning disabilities and learning difficulties...

Positive Practice Positive Outcomes

Offenders with Learning Disabilities and Learning Difficulties

Awareness Training for Staff in the Criminal Justice System


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


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.


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


Offenders with Learning Disabilities

• How much of a problem is this in the CJS?

• What is the role of criminal justice staff?


Module 1


‘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


Some of the things that people may need support with…


Managing money

Travelling independently

Personal hygiene and looking after

themselves

Reading and Writing

Telling the time

Daily living skills, like cooking

Module 1

Positive Practice Positive OutcomesPositive Practice Positive Outcomes

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)

Typical Behaviour (in the CJS)

Module 1


What should you do if you think someone might have

a learning disability?


Module 1


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


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


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


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


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


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


'Screening' tools for possible Learning Disabilities

Module 1


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


Key Legislation

• The Equalities Act (2010) / Disability Discrimination Act (previously)

• The Mental Health Act (1983) (2007)

• The Mental Capacity Act (2005)


Module 1


Getting Help and Support

Module 1


Getting Help and Support

Module 1

• Community LD Teams / Adult Social Services

• Liaison and Diversion Teams

• Child & Adolescent Mental Health (CAMHS)

• LD Partnership Boards

• Independent, Private and 3rd sector providers


Communication

• How and Why we communicate

• Spoken communication

• Written communication

• Making things memorable

• Checking people understand


Module 2


How and Why

do we Communicate?


Module 2


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


Module 2


Conducting an Interview or ‘one-to-one’


Module 2


Written Communication

• Simple and clear communication of the main points.

• Checking for understanding.

• Providing support if necessary.


Module 2


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.

Module 2


‘Easy Read’ wording

“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.”

“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.”

Module 2


Use pictures to support words and concepts

Module 2


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


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


Learning Disabilities & the Criminal Justice System

Police


Module 3


In the Community and on arrival at the Police station


Module 3


Effective Communication with Suspects


Module 3

Explain everything!

Always check for understanding.


Appropriate Adults Schemes


Module 3

“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)


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


Examples of Positive Practice


Module 3


Actions to take back to the workplace


Module 3



Courts


Module 3


The initial stages of the process


Module 3

Early Identification

Communication with other services

Assessing and meeting all support needs


Module 3

Communicating effectively at all stages of the Court process

Consider all forms of communication, at all stages:Initial notices sent outPhone messages leftRequests for meetings1-2-1 discussionsCourt-room questioningInstructions/Bail conditionsAlways check for understandingModerating how others communicate with the person also


Module 3

During the hearing: the court environment and procedures

Appropriate methods of communication

Changes to the court-room environment

Additional things to consider when sentencing


Court Legislation and Guidance (regarding defendants with a learning disability)

• Human Rights Act

• Mental Health Act

• 'Fit to Plead'

• Various guidance documents


Module 3




Module 3



Prisons


Module 3


The First Stages


• Reception

• Induction

Module 3


Prison Life


Placing Prisoners

Once settled

Module 3


Resettlement


• Allow extra time to organise

• May be stressful for them

• Work with internal and external staff involved with the prisoner

Module 3


Prison Rules and Legislation for prisoners with a learning disability

PSI 32/2011

'Ensuring Equality'


Module 3




Module 3


LD & the Criminal Justice System

Probation


Module 3


Assessment of needs and abilities


Module 3

Early identification of learning disabilities

Meeting the person's specific support needs


Community life


Module 3

AccommodationBenefits

EducationWork

Fitting-in


Probation Standards and Legislation

• National Probation Service Standards (2005)

• Probation Instructions– PI 07/2011 (Licence Conditions)


Module 3




Module 3


• 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)

Useful Local Contacts to find out…

Module 3


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


Resources

Module 3

positive practice positive outcomes offenders with learning disabilities and learning difficulties...

Documents

learning disabilities

people problems

support module

cjs module

mental health problems

cooking module

lighting module

solutions module