Criminal Justice System: Adults with Autism

Debate between Kevin Brennan and Barry Sheerman

Tuesday 30th January 2018 Westminster Hall

[Kevin Brennan (Cardiff West) (Lab)]

I beg to move,

That this House has considered the treatment of adults with autism by the criminal justice system.

It is a great pleasure to serve under your chairmanship, Sir Edward. I am pleased to have secured this debate on a crucial topic that affects the lives of many adults with autism and the families who support them. The debate is about adults with autism and what happens when they come into contact with the criminal justice system.

It is understandable that a lot of focus in this place and elsewhere is given to children with autism—that is right given the need for educational and other support for them, their parents and their families—but autism does not cease to be an issue when someone turns 18 and becomes an adult. Many of the services that might be available for children with autism fall away when they become adults. Parents get older and it is often more difficult for them to cope. Adults with autism face a complex world outside of full-time education where the behaviours and traits associated with autism are often poorly understood, misinterpreted or even sometimes mistaken for criminality. I will say some more about that in due course.

First, I acknowledge the work of the all-party parliamentary group on autism, which has been supported by the National Autistic Society and many other campaigners. That work has resulted in recent positive developments in the criminal justice system for adults with autism. I congratulate the APPG on successfully securing the support of the former prisons Minister, the hon. Member for South West Bedfordshire (Andrew Selous). He wrote to all prisons in England and Wales encouraging them to undertake autism accreditation. Pleasingly, one prison has already been accredited. According to the APPG website, seven more are undergoing that process, but, with well over 100 prisons in England and Wales, there is a long way to go in making further progress.

Recent cases featured in the press, such as that of a young man called Marcus Potter, show that the use of the prison system can exacerbate the condition of those with autism, rather than act in the public interest. The system can cause deep distress and problems. In this case, a young man with an autism diagnosis from the age of three got into trouble for his compulsive filming of the local police. The judge decided to release him from prison, opting for a care plan and probation instead. The judge concluded:

“The worst place for you is where you are”.

There is a lot of work to be done in relation to adults with autism and prisons. There may be Members who want to say something about that in this debate.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

Just on that point, I have the privilege of chairing the Westminster Commission on Autism. I do not know whether my hon. Friend saw its recent report on the barriers to healthcare. All these institutions, whether they are in criminal justice, health or whatever, have to give special consideration to people on the autism spectrum. Those environments can be very hostile because of the nature of that challenge.

[Kevin Brennan]

I congratulate my hon. Friend on the work he is doing on that commission and the work he has done around health. One of the complexities with such a debate on autism relates to the Department that should be answering. I do not think I am giving away any state secrets by saying that I received a phone call from the Government asking, “Which Department do you think should reply to your debate?” I do not blame the Government for that—having been a Minister, I understand how Government works—but one of the key problems is the difficulty in ensuring that services are joined up across the Department of Health and Social Care, the Ministry of Justice, the Attorney General’s Office, the Home Office, the Department for Work and Pensions and the Department for Education. All those things play into each other. Even though today’s debate is specifically about the criminal justice system, it is inevitable that other issues play into it.

[Kevin Brennan]

I think that is an excellent suggestion. In my experience in government, to get Departments working together and to make progress we have to bring Ministers together, not just officials. Those Ministers have to understand and be passionately committed to making the change. It is possible to make significant change simply by ensuring that Ministers are brought together. When I was a Minister, I attempted a joint project with another Minister, and the only way we could get it done was by ensuring that we met regularly. We told our officials, “You will do this, even though it is not currently in the Department’s culture. We are both telling you to do it, and you will work together to do it.” The hon. Lady’s suggestion is excellent, and I hope that the Minister will take it on board. Even if he cannot commit to doing it this afternoon, I hope he will commit to taking it away and discussing it with his colleagues.

[Mr Sheerman]

Is it not the case that all the institutions have to provide training on people on the autism spectrum? I do not know whether the hon. Gentleman heard reference in the debate last week to Alex Henry. He is an autistic young man. A boy who was with him stabbed someone, and Alex Henry is now in prison for 19 years. He was an easily led young man on the autism spectrum. People on the autism spectrum tend to be quite easily led and are very impressionable. The criminal justice system should be sensitive to the needs of autistic people.

[Kevin Brennan]

I agree with my hon. Friend. I will come on to talk a little about ensuring that joined-up understanding. The criminal justice system needs to be able to identify and understand the vulnerabilities of people with autism when they come into contact with the criminal justice system.

I was talking about a young man who had been sent to prison. I pointed out that there is a lot of work to be done on adults with autism and prisons. I will not talk further about that today—other Members may want to speak about it—because I want to focus on the earlier stages of the criminal justice system and in particular issues relating to safeguarding and arrest. People with autism can often exhibit specific behaviours that others categorise as unusual, such as stimming, which is a repetitive physical movement that helps reinstate a sense of calm. It is a particular trait of people with autism, and it is rarely understood by others. Indeed, most people I speak to have never even heard of stimming and do not know what it is.

Behaviours that are seen to be unusual can sometimes be misinterpreted as antisocial or, even worse, criminal. Indeed, it has been suggested that those who are the highest functioning on the autism spectrum can often bear the brunt of such misinterpretations as their condition is not otherwise obviously visible. They are not always extended the benefit of the doubt. I hope the Minister will outline his views and what is being done to try to prevent people with autism from being mistakenly criminalised by that misinterpretation of that particular trait. What steps are being taken to ensure that the behaviour of those on the autistic spectrum is not misinterpreted by police and the judiciary?

When adults on the autistic spectrum come under suspicion of criminal behaviour, safeguarding becomes crucial. I want to refer to the case of a constituent of mine, who wishes to remain anonymous for obvious reasons. The safeguards in the criminal justice system did not protect him as they should have under current policy and practice. Owing to his understandable desire not to be named publicly, I will not go too far into the detailed circumstances that led to the arrest of my constituent on two different occasions. I know that Ministers are aware of the details of the case through previous meetings and correspondence. Suffice it to say that his stimming was misinterpreted while travelling in crowded conditions on public transport, and that is what led to his arrest.

My constituent declared his autism before he was arrested, which should have triggered a different pathway from a normal arrest, but he was not diverted or safeguarded at the point of contact as he should have been. On the first occasion, no appropriate adult was called, his parents were not contacted as they should have been, and he was not assessed as fit for interview. A caution was issued against him, which was later quashed due to those lapses in procedure. Unfortunately, he was arrested again three years later, and his vulnerability and protected characteristics were not properly recognised by the police or the health professional who assessed him. In other words, the reasonable adjustments that are required by law were not made during detention or subsequently, and that case was dropped without charge.

In January 2009, Lord Bradley, who is of course a former Member of this House and pays very close attention to these kinds of proceedings, published his review of people with mental health problems or learning disabilities in the criminal justice system. His report set out a policy of liaison and diversion for people with these kinds of issues away from police custody, for assessment by clinicians prior to arrest and custody. I want to be perfectly clear that diversion does not mean not having to answer the allegations; it means that behaviours associated with autism are properly contextualised, that both the accused and the evidence are properly protected, and that an appropriate adult is present. Lord Bradley specified in his report:

“Studies into the use of Appropriate Adults have concluded that provision of the Appropriate Adult is very inconsistent. Firstly, the needs of a defendant have to be identified, which are often missed. Even when a need for an Appropriate Adult is identified there is currently a shortage of individuals who can perform the role effectively.”

My contention is that if Lord Bradley’s recommendations had been properly followed when my constituent was arrested in 2011 and 2014, the trauma that he and his family suffered could have been avoided. My constituents are not the only ones who have had such misunderstandings with the police. The National Autistic Society has said:

“our charity still hears regularly from autistic people and families who say that responding police did not understand autism and did not respond appropriately. This causes unnecessary distress to the individual and to police attending.”

[Mr Sheerman]

Will my hon. Friend give way?

[Kevin Brennan]

I will in one second. In driving home my point—before my hon. Friend helps me to do so—I want to ask the Minister to go back and look at Lord Bradley’s proposals and ensure that they are being fully implemented across the system. I will now, with great pleasure, give way to my hon. Friend.

[Mr Sheerman]

My hon. Friend is making such a good speech, which has stimulated me to remind him that the court system very often derides professional opinion about the facts of autism. Professor Baron-Cohen of the University of Cambridge is probably the best-known expert on autism in the country. In the recent case of Lauri Love, who is in danger of being sent to the United States where he will almost certainly be in danger of committing suicide, the professor’s evidence was dismissed out of hand. In fact, he was attacked as an expert when he was in court. Does my hon. Friend agree that professionals who know about autism have been disregarded in a number of cases?

[Kevin Brennan]

My hon. Friend describes a very distressing phenomenon. Professor Baron-Cohen is one of the world’s experts in this area, and the idea that his evidence would not be taken seriously in an instance such as the one that he describes is obviously highly concerning. I hope that the Minister will consider that, and whether legislation might be required to ensure that the Lord Bradley’s recommendations are followed across the system.

The issues that I am raising today were borne out in a study by the University of Bath, published in 2016. A survey of almost 400 police officers found that only 42% of officers—so a minority of officers—were satisfied with how they had worked with individuals on the autism spectrum. Some 37% of officers had received specific training on how to work with individuals on the autism spectrum, but many found that even that training was not tailored to their specific roles within the police force. In addition, organisation and time constraints were cited as specific barriers, so what assessment has the Minister made of the effects of the continuing cuts to police budgets on the training that is offered to police officers and staff working with adults on the autistic spectrum, and what will he do following the debate to ensure that safeguarding policies are properly put into action across the board?

The National Autistic Society has a free resource aimed at police officers and staff, which offers a guide to working with people on the autistic spectrum. I hope that the Minister will be able to join me in publicly encouraging police services in Wales to use that resource, which is appropriate for Scotland and Northern Ireland as well, and to seriously consider its guidance.

As I said, the allegations against my constituent resulted in a caution that was quashed and in the second instance they were dropped. However, to his great distress, those erroneous allegations remain on police databases. At the time of his arrest, my constituent was living and working across the border in England, not in Cardiff, but the discovery that the allegations against him were kept on police databases, despite the police having acknowledged that they were inaccurate, caused him very severe psychiatric harm, as was confirmed by two separate psychiatric reports. As a result, my constituent ended up giving up his job, flat and independence to return home and live with his parents in Cardiff. We cannot want to see such an outcome for an adult with autism who has established independence and a productive role in society in the workplace. It shows the life-changing effects that a lack of safeguarding can end up having.

The allegations remain on police records. The chief executive of the relevant NHS trust invited both the police and the Independent Police Complaints Commission to send representatives to two meetings to discuss how they could help to protect my constituent from further psychiatric harm. I am sad to say that they did not attend either meeting. Even though extensive and complex complaints have been made to the relevant agencies, those made to the police and the Independent Police Complaints Commission remain unresolved. My constituent and his family have grave concerns about the governance and compliance with required standards demonstrated in the handling of their complaints.

There is no evidence that the police service involved recognised my constituent’s continuing vulnerability, or put in place plans to respond appropriately and safely in the event of further contact with him. In my view, therefore, they neglected to protect him from future risk of harm. Before the first incident, and subsequently, he was studying for a degree and travelling daily on public transport. Before the second incident, he was working full time, but his experiences and, in particular, the failure to remove or amend the allegations resulted, as was predicted by the senior medical consultants who assessed him, in serious impairment of his health and development, with a significant increase in his anxiety and impact on his functioning. As a result, he lost his employment, moved back home and is no longer able to travel independently on public transport.

In pursuing his case, my constituent and his parents have unearthed many worrying inconsistencies. For example, he was originally told by the police that the case against him was not pursued on public interest grounds, whereas the Solicitor General later confirmed that it had been dropped through a lack of evidence. Those are two very different reasons not to prosecute.

Hon. Members will recall the Commons debate on 30 November last year on mental health and suicide in the autism community, in which reference was made to recent research findings that autistic people are nine times more likely to kill themselves than the average population. For people on the autistic spectrum, contact with the criminal justice system can often come at moments of heightened anxiety. As such, it is crucial that all parties are fully informed and trained to find a solution that does not cause undue distress or, in the case of my constituent, severe psychiatric harm.

I urge the Minister to listen to today’s debate and the suggestions from hon. Members. I urge him to speak with his colleagues in the Government to find a way to work in a more joined-up fashion in a ministerial-led initiative, to make sure that what happened to my constituent does not happen to him again, or to others, and to ensure that this country has a reputation across the world for the highest standards in dealing with the issues faced by adults with autism.

Teacher Training and Supply

Debate between Kevin Brennan and Barry Sheerman

Tuesday 22nd October 2013 Westminster Hall

[Kevin Brennan (Cardiff West) (Lab)]

This must remind you, Mr Caton, of your election to the House of Commons in 1997, for a Welsh constituency, because we seem to be in a Tory-free zone in the Chamber. Is that a Tory on the Bench behind the Minister? [Interruption.] No, he is a Liberal as well—so it is a Tory-free zone.

I congratulate those who have come to take part: my hon. Friend the Member for Sefton Central (Bill Esterson), who secured this important debate; my hon. Friend the Member for Washington and Sunderland West (Mrs Hodgson); and my hon. Friend the Member for Scunthorpe (Nic Dakin), who once again drew on his experience. I visited his college when he was a head teacher and I was a Minister, and a fine and well-led college it was. I congratulate him on delivering his speech to the accompaniment of the Household Cavalry outside; it was impressive how he kept going despite the drumbeat. My hon. Friend the Member for North West Durham (Pat Glass) also contributed, along with the occasional chipping in from the hon. Member for Chippenham (Duncan Hames), which was welcome. I found very little to disagree with in his interventions.

At the root of this debate is the fact that the Secretary of State for Education does not believe that teaching is a profession at all. He has made it clear that he thinks it is a craft to be picked up on the job, which is why he does not really care whether teachers in taxpayer-funded schools are qualified. That is his policy: teachers in academies and free schools need not be qualified. Bearing in mind that more than half of secondary schools are now academies, that represents the majority of schools in the country for children over the age of 11.

As far as the Secretary of State is concerned, as long as teachers have good subject knowledge, that is sufficient. Knowledge is important, but as the great Peter Kay said, knowledge is knowing a tomato is a fruit; wisdom is not putting it in a fruit salad. Let me make it clear that Labour believes, just as we now know the Deputy Prime Minister believes, that it is wisdom to ensure that teachers in our taxpayer-funded schools have or are en route to gaining a teaching qualification, and that they enhance those qualifications throughout their career through continuing professional development. Like my hon. Friend the Member for Scunthorpe, I did a postgraduate certificate in education many years ago. They were not always of the highest quality. We must always be trying to improve the quality of teacher training. During my teaching career, I went on to do an MSc in education management. It was an important part of the structure of a career.

I will not dwell on the disastrous recent news about the Al-Madinah free school, or from Pimlico, but the Government should reflect on some of those lessons during the next few weeks and months. In this debate, I will talk a little about current problems.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

Will my hon. Friend give way?

[Kevin Brennan]

Of course I will give way to the former Chair of the Select Committee on Education.

[Mr Sheerman]

I apologise for not being here earlier; I had soldiers returning today, and I had to greet them downstairs. I am sorry that they made a bit of noise.

The Education Committee of which I was Chair did a thorough investigation into the quality of teacher training. It can be improved, but there is a whole culture out there. I am a visiting professor at the Institute of Education. This is the week of the professions, when 15 professions have come together to say how important the professions are in setting standards and creating the culture of a profession. Does my hon. Friend agree that is more important in teaching than in almost any other profession?

[Kevin Brennan]

I certainly do. The distinguished former Chair of the Education Committee makes a powerful point. The mood music from Government is important too in whether teaching is regarded as a profession, and it is highly important that teaching, of all professions, should be. We have worked hard in recent years, including through the efforts of my hon. Friend and his former Committee, to raise the status of teachers to the point where we could say with confidence and Ofsted’s support that we had the best ever generation of teachers in this country. That is in danger of being undermined by the current Government’s approach to the issue.

On the current problems, we support and have supported the trend for student teachers to spend more time in schools. We started the support of Teach First when we were in government—to listen to the Secretary of State, one would think that he invented it—and we supported its expansion. However, the trend should be managed properly. The problem is that in their eagerness to propagandise and oversell the School Direct policy, the Government have abdicated their role in securing enough teacher training places, they are not ensuring an even geographical subject spread and they are destabilising university teacher training. We heard about the example of Bath, an institution rated outstanding in teacher training, is considering giving up its teacher training programme next year due to the uncertainty created.

[Kevin Brennan]

I agree that the hon. Gentleman may not have said so, but they have said it themselves, in evidence to the Education Committee. It is on the record if he wants to check it.

We say yes to a diversity of routes into teacher training and a greater role in teacher training for good schools, but no to leaving the supply of teachers to the vagueness of an imperfect market, generating greater uncertainty and possibly leading outstanding higher education providers to close down courses. Will the Minister listen to the concerns, ensure that core allocation to good universities is sufficient, bearing in mind that they also supply support to School Direct partnerships, and give enough certainty to allow them to commit to future investment in teacher training? I am sure that, as an economist, he will understand the importance for future investment of having some certainty within the market. Will the Minister also make it easier, as my hon. Friends have asked, to transfer or vire allocations between different routes, so that good candidates are not turned away from teacher training unnecessarily?

[Mr Sheerman]

Will my hon. Friend bear in mind that when my former Committee investigated the training of teachers, we also considered the training of social workers? Social worker training is an interesting warning sign. When we destabilised the training of social workers, many of the finest centres, such as the London School of Economics, said, “This is too much bother,” and withdrew from training social workers. We are in danger of doing that to the teaching professions. Good institutions will leave the market, as will some of the leading research institutions that also train teachers.