Responding to Neurodivergence in the Youth Justic

9 7. Ten key actions To remedy these structural issues, we are proposing ten key actions. 7.1 Establish a shared linguistic and conceptual framework A shared framework is a precondition for coherent practice. Government, the Ministry of Justice and the Youth Justice Board should adopt a clear and consistent set of definitions distinguishing neurodiversity, neurodivergence and neurodisability, anchored to the rights implications that flow from each. Terminology for initiatives (such as Neurodiversity Support Managers) should then be rooted in this shared framework and aligned to the conceptual grounding. Examination of whether children’s rights are being upheld should refer to disabling systems, in accordance with the protections set out in the UNCRC. 7.2 Move to a transdiagnostic, needs-based model in the youth justice system Children are arriving in the youth justice system with their needs previously unassessed. Even where children’s needs have been assessed, limitations in data sharing between and within organisations mean they may remain unknown to those working on the frontline. Needs-based, transdiagnostic assessments (for example, capturing difficulties in attention and concentration, learning and memory, social communication, physical motor skills) can help frontline staff to gain a clearer understanding of the children they are supporting, without needing expertise across different diagnoses. These should be conducted in brief where information is required to understand a child's ability to engage in legal processes (such as a police interview or court appearance), and in more depth in the secure estate, where children are supported over a prolonged period. This approach also ensures that disproportionality in access to diagnosis does not further embed disadvantage, and that children with sub-clinical needs (which may sit just below arbitrary diagnostic thresholds, but still significantly impact children's lives) still receive support. It is also better equipped to manage the complexity and comorbidity that exists for children with impairments spanning several different conditions. This aligns with the UNCRC's individual-assessment requirement under General Comment No. 24. 7.3 Leverage educational inclusion as an intervention In-school SEND provision should be properly resourced, and the changes proposed in

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