Responding to Neurodivergence in the Youth Justic

2 1. Introduction In December 2025, the TRYJustice Networ k 1 met to discuss the over-representation of neurodivergent children in the youth justice system. TRYJustice is a transdisciplinary network of academics, practitioners, and those with lived experience of the youth justice system, who meet with the common goal of reducing the number of children who come into contact with the law, and improving life outcomes for those who do. Despite clear empirical evidence that children with neurodivergent conditions are over- represented at every stage of the criminal justice system, and clear obligations under international human rights treaties to address this, the response to these children before, during, and after contact with the youth justice system remains fragmented and inadequate. In this paper we argue that the over-representation of neurodivergent children in the justice system is not one that the justice system can solve alone: It is a systemic issue requiring a systemic response spanning education, health, social care, policing, courts, youth offending teams, probation, and the secure estate. We propose ten key actions, spanning early intervention, diversion, courts, the secure estate, workforce design, funding, data-sharing, and accountability. 2. Key Context The United Nations Convention on the Rights of the Child (UNCRC) is the most widely ratified human rights treaty in the world; ratified by all member states except the USA. In 2019, the United Nations Committee on the Rights of the Child published General Comment no. 24 on children’s rights in the justice system. This explicitly states that: ‘Children with developmental delays or neurodevelopmental disorders or disabilities (for example, autism spectrum disorders, foetal alcohol spectrum disorders, or acquired brain injuries) should not be in the child justice system at all, even if they have reached the minimum age of criminal responsibility. If not automatically excluded, such children should be individually assessed.’ In addition, The United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) (Article 13: Access to Justice) states that: ‘States Parties shall ensure effective access to justice for persons with disabilities on an equal basis with others, including through the provision of procedural and age-appropriate accommodations, in order to facilitate their effective role as direct and indirect participants, including as witnesses, in all legal proceedings, including at investigative and other preliminary stages. 1 www.tryjustice.org.uk