Search results

This article explores the law relating to the sexual abuse of people with learning difficulties and proposes a number of key changes that need to take place in order to offer people with learning difficulties greater protection from abuse.

Many factors have been identified as being responsible for increasing the vulnerability of people with learning difficulties to sexual abuse. However, there has not been a great deal of debate about the term ‘vulnerability’. Here, an argument is developed that puts forward the case for a social model approach to understanding vulnerability, which avoids a focus on victim characteristics.

No One Knows is concerned about people with learning disabilities and difficulties who get into trouble with the police and who enter the criminal justice system. The terms ‘learning difficulties’ and ‘learning difficulties’ are often used interchangeably to describe people with an intellectual disability, excluding those who, for example, have dyslexia or Asperger syndrome. No One Knows, however, has adopted a more inclusive approach and has included in its remit offenders with learning disabilities as defined by the World Health Organization as well as those with a broader range of learning difficulties. Although there is some discrepancy on prevalence, it is clear that high numbers of people with learning disabilities and difficulties are caught up in the criminal justice system. Once in the criminal justice system it is unlikely that an individual with learning disabilities or difficulties will be identified or that their support needs will be met. This causes difficulties for the individual concerned and for the staff who work with them, who receive little or no training for working with this group of people. The question of whether people with learning disabilities (meaning intellectual disabilities) should be diverted from the criminal justice system is considered.

This article reports the findings of a national survey of the consultation of people with learning difficulties by social services departments in the development of adult protection procedures and guidelines. The survey also considered the consultation of other service users, carers and family, and staff. Despite the rhetoric of user involvement in adult protection literature, low levels of consultation for people with learning difficulties were found.

This paper focuses on recent research and a series of field studies looking at the issue of learning difficulties among the Black and minority ethnic population. The research considers the hypothesis that Black and minority ethnic people experience the same levels of learning difficulty as the rest of the population. Some studies suggest that general prevalence may actually be higher, and that multiple incidence may be more frequent among certain minority ethnic communities. The literature indicates that Black and minority ethnic communities are much less aware of what services are available, take‐up is lower still, and there is a common view that services are unwelcoming or inappropriate.

No One Knows (Prison Reform Trust, 2008) is concerned with people with learning disabilities and difficulties who come into contact with the police and who enter the criminal justice system. The terms ‘learning disabilities’ and ‘learning difficulties’ are often used interchangeably to describe people with an intellectual disability, excluding those who, for example, have dyslexia. No One Knows, however, has adopted a more inclusive approach, and has included in its remit offenders with learning disabilities as defined by the World Health Organisation as well as those with a broader range of learning difficulties. Although there is some disagreement on prevalence, it is clear that a large number of people with learning disabilities and difficulties are caught up in the criminal justice system. Once in the criminal justice system, people with learning disabilities and difficulties, because of their impairments, struggle to cope. At worst this can affect their right to a fair hearing in court and, if they are sentenced to custody, may mean longer in prison. UK criminal justice agencies do not recognise, let alone meet, the particular needs of people who have learning disabilities or difficulties.

The paper is a commentary (an outline or explanation) about the theme of this edition (supporting independence) from the point of view of people with learning difficulties. The paper has been co-written by people with and without learning difficulties.

The paper is based on discussions using several open prompt questions around what people understand by independence and why it is important to them.

The team found that being listened to and taken seriously, having real involvement in the community, good support that is personalised and co-produced services are all key to ensuring people can be as independent as possible.

The paper is uniquely co-written by people with and without learning difficulties and provides an insight into why independence is so important for people with learning difficulties.

This review explores some of the key issues relevant to children and adults who have dysphagia, or eating, drinking and swallowing difficulties, and a learning disability. It explores the methods for attempting to identify this area of difficulty effectively, and reflects on some of the other issues that may affect management, such as carer support and training and use of appropriate communication strategies to support and enable participation from the client with learning disability.

The purpose of this paper is to critically explore the impact of anti-social behaviour orders (ASBOs) on young people with mild learning disabilities. In an attempt to identify why young people (under the age of 18) with learning disabilities are exposed to the criminal justice system, an emerging body of evidence is considered. The research provides an insight into some of the difficulties vulnerable young people may encounter, such as receiving unrealistic prohibitions and the lack of support provided after receiving a court order. The research also highlights the lack of professional awareness and understanding of learning disabilities and considers the level of training available to professionals. The paper closes with a discussion of the themes identified from the literature reviewed and some of the changes proposed by the coalition government regarding the future of the criminal justice system.

Although a strict systematic review of the literature was not required for the literature review, a less rigorous systematic approach was employed. When searching for literature, the general principles and guidelines of the Cochrane Collaboration were employed, this included inclusion and exclusion criteria. The eligibility criteria guided the focus of the literature review and determined the relevance of the research. During the literature review it was recognised that much of the research is discussion/review based, and currently there is a limited amount of empirical research available. An eco-systems perspective was employed to consider the connections between young people, the environment and anti-social behaviour (ASB).

The findings from the literature review, illustrate a growing body of evidence which suggests that young people with learning disabilities have been “caught up” in ASB measures. It is positive that more recently, there has been a much needed focus on early identification and diversion away from the criminal justice system, for those with mental health conditions and learning disabilities. The research findings presented by Cant and Standen, and Talbot, provide possible explanations as to why vulnerable young people are made subject to ASBOs. Indeed this lack of sufficient training has not gone unnoticed by other researchers.

Although the author is aware of the valuable insight qualitative research can provide, the methodological limitations raise questions regarding the validity of the research the author has considered, especially as most of the research the author has drawn upon is based on exploratory approaches. Nevertheless, the concurring themes drawn from the research findings raise much curiosity around the potential links between disability awareness training and the identification of young people with mild learning disabilities.

Despite the governments recent proposal to abolish the ASBO and introduce a new approach to tackling ASB, it appears unclear as to how the new measures will differ from the existing ones. The recent proposed measures are set out in the Anti-social Behaviour, Crime and Policing Act 2014. Although the accompanying guidance for frontline professionals clearly sets out the need for early intervention, which sits alongside a new menu of ASB powers, including the Criminal Behaviour Order (which seems very similar to the ASBO), it is disappointing that the guidance does not give any direction of how new measures will impact on young people with learning disabilities.

Although the ASBO was not initially designed to target children and young people, it is clear from the literature that certain families and young people are often singled out and labelled as “anti-social”. It is unsurprising, that children and young people from poor families, with low educational attainment, limited employment opportunities and live in the most marginalised and deprived communities are amongst those who are singled out as being particularly problematic.

The research findings have helped me to understand some of the potential difficulties vulnerable young people may encounter if they come into contact with the criminal justice system. As there appears to be a lack of empirical research available which considers the connections between learning disabilities and ASBOs, further research within this area of practice would be beneficial. The research invites an alternative perspective which adds to the existing literature.

This article considers the experiences of people with learning difficulties as victims of hate crime. It considers how the Crime and Disorder Act and No Secrets can help identify and prevent hate crime, and examines an example of good practice designed to produce an effective response.