Criminal Justice System: Autism

Baroness Uddin Excerpts

Thursday 22nd January 2015 Lords Chamber

Asked by

[Baroness Uddin]

To ask Her Majesty’s Government, in the light of the case of Faruk Ali, what steps they are taking to improve access to the criminal justice system and victim support for people with autism spectrum disorders.

[Baroness Uddin (Non-Afl)]

My Lords, I begin by mentioning my interests as declared in the register. I am very grateful to have the opportunity to debate improving the criminal justice system for people with autism, and thank all noble Lords who have kindly made time to take part. I welcome this opportunity to bring to the attention of your Lordships the appalling experience that some people with autism have of our criminal justice system.

I want to highlight the case of Faruk Ali, a 33 year-old autistic young man living with his family in Luton. According to press reports, one morning last February, Mr Ali, who has the mental age of a young child, was putting his family’s and his neighbours’ bins out for collection, as was his Thursday morning routine. While he was doing so, two police officers drove past. The officers are reported to have returned and chased Mr Ali, in the prosecutor’s words “for fun”, laughing as they went about their pursuit, which culminated in later charges of assault. A neighbour reported seeing one officer come out of his car and punch and kick Mr Ali near the bins that he had been collecting as Mr Ali ran into his home calling for his mother. Mr Ali was wearing a large red badge to signify to those who came in contact with him that he has a disability. Unfortunately, the prominent sign designed to protect him failed to protect him from those officers.

Last December, both officers were cleared of racially aggravated assault and misconduct in public office. An internal police investigation into the matter continues. Although the jury did not have sufficient evidence to convict the two officers, video and audio footage remains of the incident which demonstrates the callous, racist attitude of the officers to a very vulnerable and disabled man. In the recording played in court, in their interaction with him, one officer was heard describing Mr Ali as a “Paki”. Laughter followed. After the incident’s unhappy denouement, as the officers drove off, one of them was heard to have mocked family members when they asked for their police numbers. One officer was heard to say—I paraphrase to remove the expletives—“If he does not interact with people, then don’t let him out”.

The internal police investigation into misconduct will determine whether the behaviour of those officers was acceptable and worthy of a public servant against a disabled person, but will the Minister assure the House and members of the minority and disabled community that the racist language that the court is reported to have heard during its proceedings and the derision for disabled people reportedly exhibited have no place in our institutions, and that complaints will be taken seriously? What is his view of the public interest in making available the contents of the tape?

I raise that today in some detail because I am appalled by such outrageous victimisation of one disabled person, which evidence shows is not an isolated incident. Mr Faruk Ali’s case exposes a wider problem. Although we debate it as a topical debate, I regret that its relevance is enduring.

I was moved to speak on this subject having heard the disappointment and feeling of injustice expressed by Mr Ali and his friends, and from previously attending the All-Party Parliamentary Group on Autism last November, with a large number of people attending echoing similarly unhappy experiences of our criminal justice system. The Grand Committee Room was packed to the rafters with people with autism and their families, alongside policemen, psychologists, Members of Parliament and other experts who understand the problem, some of whom recounted experiences reminiscent of Mr Ali’s.

People with autism face extraordinary difficulties in obtaining justice. Autism is a lifelong developmental disability that affects more than one in 100 people in this country in many different ways. It generally affects how a person communicates with and relates to others. Some people with autism live wholly independent lives, while others rely on specialist support and may be unable to speak comprehensibly.

Autistic people are no more likely to commit crime than anyone else. Indeed, given the reliance of many with the condition on support and care, people with autism should not be disproportionately exposed to crime. However, somehow the system discriminates to pull them in. Research indicates that a third of people with autism have been a victim of crime. Those with autism are also overrepresented in our prisons, where incidence may be as high as 15%.

It is hard to avoid the conclusion that, just as stop and search has criminalised black Muslim youth, the system is criminalising our autistic population and others with learning disabilities. That we are locking people up at least in part as a result of their disability is surely of deep concern to us all. When an individual encounters the criminal justice system, they should expect fair, respectful treatment—treatment that is mindful of the needs of those who may not have the required skills to face up to or deal with all the complexities of our legal system.

The old cliché of working together, multiagency, may indeed yield better services and justice. In many instances, it requires a multiple set of responses. The first is through the training of professionals including police officers and judges. What progress have the Government made with the commitment in their autism strategy to update the College of Policing’s mental health e-training for new officers? Will an autism marker be introduced on the police national computer and made available to prison and probation staff? Those steps would be welcome, but alone they are insufficient. Mr Ali was wearing a marker. The incident occurred in a division in which the police had long before committed to implementing disability training. Beyond lip-service to badges and training, what steps are the Government taking to roll out appropriate quality autism training to all police officers and prison staff, not just new recruits, so that they make appropriate adjustments to and recognise the significance of disability markers?

Secondly, to cater for the significant minority of the prison population with a suspected learning disability or autism spectrum disorder, the prison and probation services must have procedures in place to assess a person’s needs as they enter and pass through the system. Will the Minister commit to the use of screening tools for autism across our prisons?

Finally, early diagnosis of autism makes a huge difference to the development and future well-being of people with autism. Speaking to several organisations last year, I was told in no uncertain terms that many parents feel that there is a racial dimension to their experience. The Government have already acknowledged the significant under-diagnosis of autism among people from black, Asian and minority backgrounds. Delayed diagnosis results in delayed support. The provision of basic social care and support for people with autism at every stage of life can mitigate the likelihood of a costly health crisis or encounter with the criminal justice system. Low-level services such as social skills training or anti-victimisation classes can be effective and should be mandated by local authorities.

Whether a person has autism or not, they should be treated with respect by all our statutory institutions. However, as a mother of an autistic boy about Mr Ali’s age, I can vouch for the wariness that many of us as parents have about exposing a disabled child to institutions. For all the brilliant dedicated professionals in our hospitals, education and social services, police and prison services, persistent incidents of racism, prejudice and abuse not only erode the public’s faith in those institutions but profoundly injure people’s lives.

The process of appeals and complaints can do long-term damage to the mental well-being of those who must endure it. For that reason among many, I salute the determination and tenacity of Mr Ali’s family, his solicitor and all his supporters in their struggle to secure justice for Faruk Ali—and all others who persist.