The government has responded to questions about support available for people with autism and dyslexia
The government has outlined the assistance available to individuals with autism and dyslexia who are navigating the UK justice system – including those attending courts and tribunals. Ministers have faced questions over what provisions are in place.
This week, the government set out the support on offer for people with both conditions. The Ministry of Justice released a statement after Cat Smith, Labour MP for Lancaster and Wyre, asked what measures were being taken to assist those with autism or dyslexia within the justice system.
Sarah Sackman, Minister of State at the Ministry of Justice, responded by saying: “HM Courts and Tribunal Service (HMCTS) has a legal duty under the Equality Act 2010 to provide reasonable adjustments for users with disabilities, including dyslexia.
“HMCTS supports court and tribunal users with dyslexia and autism through its reasonable adjustment process.” She then outlined the types of reasonable adjustments that can be made available to assist users with dyslexia and or autism.
This is the complete list of 10 measures she detailed:
- allowing a close relative or carer to accompany the person;
- providing our guidance in audio or easy read;
- allowing more time to explain procedures;
- fully or partially remote hearings; and,
- providing our forms in Alternative formats such as large print;
- speaking slowly and allowing extra time to answer.
- consider appointing an intermediary to help communication;
- offering to read forms and leaflets out to our users;
- explanations and instructions given slowly and clearly;
- allowing more time in hearings;
The minister added: “HMCTS is a member of the Hidden Disabilities Sunflower network to help people visiting court and tribunal buildings who may need additional support. Users who choose to wear the Hidden Disabilities Sunflower are discreetly indicating they need additional support, help or a little more time.
“Court and tribunal staff know how to recognise the Sunflower lanyard and may ask what we can do to help. Sunflower lanyards are available in all our buildings free of charge. Users are encouraged to contact HMCTS to discuss any particular adjustments so that the support can be tailored to their individual needs. Staff will sensitively ask those needing reasonable adjustments what support they need.
“The Equal Treatment Bench Book, published by Judicial College (Equal Treatment Bench Book – Courts and Tribunals Judiciary) contains guidance on fair treatment, equality issues and general information on disability issues and religion for judges. It includes information on dyslexia and autism and how to support court and tribunal users.”
Children with neurodivergence in court system in UK
The Youth Justice Institute says on its website: “Children with neurodivergence often face unique challenges that are overlooked or misunderstood in many systems, including education, health, and youth justice. Their needs require specialised understanding and support to prevent misdiagnosis, exclusion, or criminalisation.”
In a blog on the gov.uk website published in 2021, a probation worker explained some of the workings around the court system for people with conditions such as autism and dyslexia. The worker, named only as Laura, said: “Neurodivergent individuals often struggle in unfamiliar environments, this is because their brain processes, functions and interprets information differently from a ‘neurotypical’ brain. So, the court setting, and the fact that the probation service become involved very quickly after they’ve been convicted of an offence can be very stressful for them.
“When I meet offenders for the first time, it is not always apparent if they have a neurodivergent condition such as Autism, ADHD, or dyslexia and they may require additional support. Although committing a crime is completely unacceptable, those with learning difficulties often offend due to their own vulnerabilities.
“I work in the local Crown Court where my role is to interview offenders and work with agencies such as social care, police and prison to gather all the information I need to complete a pre-sentence report. These reports provide information about the offence, how the offender feels about their actions, and their background which helps the judge to consider either a custodial sentence or a community sentence.
“The interviews help us to pick up on any speech or communication difficulties. We then quickly adapt our interview style by offering reassurance and making sure they understand the process. Our reports must be accurate, so it’s important we give them the support and help they need to give us the right information.”
The British Dyslexia Association has guidance for people with the condition using the court system.
The National Autistic Society has guidance for people with autism involved with the courts here.
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