Responding to Neurodivergence in the Youth Justic
13 responded to. 7.8 Apply the UNCRC to the existing custodial population It is not enough to consider only how to prevent new children from coming into contact with the justice system, those already inside it must also have their rights realised. The current custodial population of children is small enough that community-based alternatives are conceivable for most. All children in custody should have their neurodevelopmental needs comprehensively assessed, and this assessment should inform adjustments, additional support, and accessibility measures within the system. Social care assessments and support planning should be initiated prior to release, with clear pathways to community-based social care that are neurodisability-informed and co-produced with the child. There should be a shift from risk-suppression culture towards relational practice, identity-building and credible release pathways grounded in education, employment and connections with families and the local community. There should also be honest evaluation and application of the principle that where specialist support is unavailable, detention is incompatible with the state’s obligations and should be avoided. This principle applies at every stage of the decision-making pathway - police detention, court decisions on remand and sentencing, and placement within the secure estate. 7.9 Strengthen support for the youth justice workforce The youth justice workforce, and the secure estate in particular, faces acute resourcing pressures: high vacancy rates, and turnover at levels incompatible with the sustained relational practice these children need (Zempi, 2025). Addressing this is the precondition for every other reform in this section. Many staff are themselves young adults and may also be neurodivergent. Workplace accommodations should be provided accordingly. Particular emphasis should be given to identifying and reducing the causes of burnout and staff turnover. Recruitment models should receive more investment to bring in staff with experience in health and social care settings, and roles should offer genuine career progression so that they are valued long- term positions rather than transitional ones. Training for new staff should be extended to be commensurate with the complexity of the population, and include specific training on responding to neurodivergence, in line with the UNCRPD.
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