Developing compulsory teacher training in Special Education Needs and Disability (SEND) and neurodivergence could bring down children’s risk of entering or re-entering the justice system.
Dr Susana Castro-Kemp, Director of the UCL Centre for Inclusive Education, contributed these recommendations to an independent review commissioned by the Michael Sieff Foundation.
The review, led by Professor Cheryl Thomas (UCL Laws) published a report with contributions from barristers Kate Aubrey-Johnson and Sir Robert Buckland (former Lord Chancellor and Secretary of State for Justice), Lord Alex Carlile and other academic experts, including IOE’s Dr Dora Kokosi.
The report launched at the House of Commons at the end of April. It explored what reforms could be made to the current system to address the situation for these children to help avoid offending or reoffending through a child-first approach.
The report’s recommendations focus on practical changes that can be implemented without the need for primary legislation.
In England and Wales, 80% of children cautioned or sentenced within the youth justice system have SEND or neurodivergence. These children enter custody at higher rates at an earlier age, tend to receive longer sentences, and are associated with higher rates of reoffending and more violent crimes.
Dr Castro-Kemp developed recommendations centred around prevention and early intervention for children vulnerable to criminal risk.
The report found that children with neurodisabilities can struggle with communication and emotional regulation, which makes them more vulnerable to become criminalised or engage in criminal behaviour.
These children may also face obstacles to avoiding criminal behaviour, such as insufficient support systems, negative educational experiences, socioeconomic challenges, or abuse and neglect.
A lack of support can lead to higher rates of school exclusion, exacerbating behavioural issues and reducing their ability to engage positively with their communities – therefore increasing their risk of becoming victims or perpetrators of crime.
These issues are compounded for children with experiences of care.
The research shows that the care system accelerates children into the youth justice system by criminalising them at a higher rate over other children. Of the care-experienced children receiving a custodial sentence before 24, 92% were identified as having special educational needs, according to the ONS.
Both school and familial support are crucial to mitigate the risk of offending, but early identification of SEND is often inadequate due to lack of training and resources.
A high workload for educational psychologists impacts intervention and screening, and systemic biases in the identification and support processes mean minority and male students are more likely to be labelled with behavioural issues over receiving support for underlying SEND.
When these needs are not addressed early, students often experience frustration and academic failure, which can manifest as disruptive behaviour, furthering cycles of exclusion.
Familial engagement can reduce feelings of alienation and create belonging, but research indicates that parents of children with SEND frequently experience higher levels of stress and burnout, which can negatively impact their ability to provide effective support.
Dr Castro-Kemp recommends that schools are offered compulsory teacher training in SEND and neurodivergence to improve early identification and support. This training should then be maintained as a requirement throughout and embedded in teachers’ careers.
Families should also be provided resources and counselling to develop the skills they need to manage their children’s needs and advocate for appropriate services. This can include participation in educational and therapeutic interventions.
She also recommends improving coordination between support services. This can be facilitated by the creation of an Independent Reviewer of Youth Justice to oversee the implementation of these recommendations and review the intercommunication between families, schools, health and social services, local authorities, police and the government.
The report was cited in a House of Lords hearing in May, leading to tabled amendments to the Children’s Wellbeing and Schools Bill, which is currently under consideration.
Related links
- Read the report: Justice for children with SEND and neurodivergence
- Listen to the House of Lord’s hearing: from 15:06:26
- Dr Susana Castro-Kemp’s UCL profile
- UCL Centre for Inclusive Education
- Department of Psychology and Human Development
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arrowsmith2 via Adobe Stock.
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