Screening for learning disabilities in the criminal justice system: a review of existing measures for use within liaison and diversion services

Abstract

Purpose – At present, there are significant limitations to the criminal justice system’s (CJS) ability to respond appropriately to detainees or defendant with learning disabilities (LD). The development of Liaison and Diversion Services has provided the opportunity to more easily identify people with LD in the CJS through the use of screening assessments. Therefore, the purpose of this paper is to consider why there is a need for screening assessments and review the literature on existing measures, in order to consider the next steps to develop a more effective pathway from the CJS to LD services. Design/methodology/approach – This paper takes the form of a literature review. Findings – The review found that there is a significant body of research defending the need for LD screening in the CJS across the UK. The aim of a screening process would be to identify individuals who possibly have LD and ensure that the correct measures are in place to assess and manage these individuals, including appropriate diversion to specialist LD services. The learning disability screening questionnaire (LDSQ) is an instrument that could be utilised in these instances and could be carried out by Liaison and Diversion Services. Research limitations/implications – Neither of the tools reviewed in this paper have been vigorously field tested within forensic settings in the UK. It is recommended that there should be trials of the LDSQ as a screening tool within Liaison and Diversion Services with comparison against outcomes of full diagnostic assessments for LD. Originality/value – Screening for LD is being discussed across the UK as part of Liaison and Diversion Services. This paper highlights the need for a reliable and valid screening tool and provides support for the use of the LDSQ.

A literature review about the prevalence and identification of people with an intellectual disability within court Liaison and Diversion services

“…For example, the mean IQ amongst prisoners is lower than that of the wider population which can cause difficulties when differentiating between those who have low levels of functioning and those with a diagnosable intellectual disability. Additionally, the presence of health comorbidities that may require immediate assistance can divert attention away from other needs (Silva et al , 2015). This can be compounded by a lack of awareness about intellectual disabilities or available training to inform its identification (Bradley, 2009; Talbot and Jacobson, 2010).…”

Screening and diagnostic assessment of neurodevelopmental disorders in a male prison

“…To ensure consistency there needs to be greater agreement on measures particularly for studies with an epidemiological basis. More analysis is needed on the validity of screening methods in prison populations, particularly rates of false negatives (Silva et al, 2015). Future studies should include assessment tools that can identify a broader range of NDD such as developmental co-ordination disorder, specific learning disorders and communication/language disorders.…”

People with Intellectual and Developmental Disorders in the United Kingdom Criminal Justice System

“…51 Furthermore, research examining the utility of screening tools in identifying people with IDD is limited, although developing. 52 However, it is widely established that people with IDD are overrepresented among prisoners in the UK. 52 Specific concerns also exist regarding awareness and identification of people with ASD in prison in England and Wales, because ASD can slip through the gap between IDD and mental health diagnoses, for which more formal assessments have been established, in addition to liaison and diversion schemes.…”

“…52 However, it is widely established that people with IDD are overrepresented among prisoners in the UK. 52 Specific concerns also exist regarding awareness and identification of people with ASD in prison in England and Wales, because ASD can slip through the gap between IDD and mental health diagnoses, for which more formal assessments have been established, in addition to liaison and diversion schemes. 53 Many people with IDD struggle to access services and support within prison owing to difficulties with verbal and written communication.…”