I am grateful for the opportunity to raise this important issue. I am concerned about the treatment of people with intellectual disabilities or Asperger's syndrome within our legal system. Before the policy of mainstreaming was adopted, there was more of a tendency for children with mild intellectual disabilities to attend special schools, or special classes in mainstream schools. Traditionally, such children were not able to avail of an automatic link to disability services when they reached the age of 18 years and left school. As a result, a considerable number of young people with a mental handicap have fallen between two stools and lost contact with support services. They tend to come to the attention of the authorities once more in their early or mid-20s. Young men in such circumstances may experience legal difficulties within the criminal system, while young women in such circumstances may have to attend the family courts. If a young woman with an intellectual disability has a child, concern might be expressed about the care of the child. The authorities may seek to take the child into care without realising the woman has an intellectual disability.
I would like speak specifically about those who come before the criminal law system. Owing to their special needs, they often do not fully understand what is going on around them. I have experience of people who have difficulty in understanding what their solicitors and barristers are saying. Many do not reveal that they have an intellectual disability. There has not always been as much awareness of Asperger's syndrome as there is now. International research has shown that a number of individuals with undiagnosed Asperger's syndrome have been tried before the criminal courts and sentenced to imprisonment in mainstream prisons. As a result, a trawl of the UK prison system has been undertaken in recent years to identify individuals with Asperger's syndrome. Are any statistics available for the number of people with intellectual disabilities or Asperger's syndrome in this country's mainstream prisons, or awaiting trial? We do not have a special secure unit for individuals with intellectual disabilities or Asperger's syndrome. When such persons go to trial and are found guilty, they are frequently sentenced to spend time in mainstream prisons such as Mountjoy Prison and Wheatfield Prison. They find it extremely difficult to cope in such circumstances, as a result of their particular needs. They are vulnerable to being bullied or picked on by other individuals.
I recognise that as a civilised society, we face a significant challenge in identifying the supports we could put in place when people with specialised needs interact with the courts system. I accept that people with mild intellectual disabilities or Asperger's syndrome can face criminal charges for legitimate reasons. If found guilty, it may be accepted that they should lose their freedom for some time. In such circumstances, it is important for us to be able to provide separate, secure and relatively safe facilities in which their specific needs can be met. I suggest it may be possible to consider such a development in the context of the forthcoming major overhaul of our national forensic mental health services. It may be possible to make provision for a secure unit, as other countries have done. I emphasise that although I am speaking about individuals who come into contact with the law in the context of criminal law, it is important to note that we also need to meet the challenge of providing supports for people with intellectual disabilities who come before the family courts, or are victims of crime or abuse. Such persons cannot access the courts unless the supports we make available to other vulnerable people such as children are made available to them.
