Everyone’s brains are wired in different ways and, as such, we are all ‘neurodiverse’. ‘Neurodivergence’ is where a person’s brain diverges from that of the average person in society. A variety of terms have been used in the past to denote cognitive differences, including ‘specific learning difficulties’ and ‘neurodevelopmental disorders’. The language to talk about this subject is still evolving, but the words ‘neurodiversity and ‘neurodivergence’ are increasingly being used as umbrella terms covering many different conditions, including:
- Attention Deficit Hyperactivity Disorder (ADHD)
- Autism
- Communication, speech, language disorders
- Additional learning needs
- Motor disorders (e.g. Tourette’s)
- Neurogenetic disorders (e.g. Down syndrome)
- Specific learning disorders (e.g. dyslexia, dyscalculia)
- Traumatic brain injury
- Foetal Alcohol Disorder Syndrome
Neurodivergence is a complex area, even for those with specialist medical training. To compound the complexity, conditions often overlap and they can additionally interact with other issues such as childhood trauma, mental ill health, physical illness and drug and alcohol misuse.
The challenges associated with some of these conditions and co-existing issues can make it more likely that children and young adults with neurodiverse conditions will come into contact with the criminal justice system. For many reasons, their conditions can contribute to offending behaviour and subsequent difficulties navigating the system that can adversely affect their outcomes and their well-being. For example, they may feel frustrated or angry and this may lead to them lashing out and committing an offence; they may have difficulty understanding what is happening and feel overwhelmed and scared; they may have difficulty coping with being alone in a police cell or, conversely, find it difficult to deal with levels of noise in prison.
There is no reliable data on the extent of neurodiversity in the care or criminal justice systems, partly because of lack of consistent collection of data and partly because of the difficulties in identifying and labelling these conditions. It is estimated that at least one in three people in the justice system may be neurodivergent. Rates are thought to be much higher among children who are in contact with the criminal justice system, with ADHD and speech and language challenges being especially common. The disproportionate exclusion from primary and secondary schools of neurodivergent children is of serious concern.
