Working Group on Special Educational Needs & Disabilities (SEND), Neurodivergence and Youth Justice

Final Report Published 23 April 2025

• Read The Justice for Children with SEND & neurodivergence Policy Briefing
• Read the Final Report

Justice for children with SEND & neurodivergence – An Independent Review

The report is based on an independent review into how the current system can fail to prevent children with special educational needs or disabilities (SEND) and neurodivergence from unnecessarily entering into the justice system, how they are dealt with once in the system, what happens when they leave the justice system and how this parlous situation can be cost-effectively dealt with and increase the likelihood that children with SEND or neurodivergence who commit crime go on to become well-functioning, law-abiding adults.

Further information on The Working Group who carried out the review and the terms of reference are published further down this page.

Report launched on Wednesday 23 April 2025 at the House of Commons

The report was launched at an event held in Committe Room 12 of the House of Commons at 5:00PM on Wednesday 23 April 2025.

Introduction: John Tenconi, Chair of the Michael Sieff Foundation

Thank you for making time in your busy lives to attend the launch of the report of a Working Group (WG) on SEND and neurodivergence in the Youth Justice System (YJS). I especially welcome Lady Elizabeth Haslam, founder of the Sieff Foundation in memory of her husband Michael Sieff, without whom none of this work would have come to pass and also extend out thanks to Sir Ashley Fox, whose office has organised this magnificent room.

I want to acknowledge the work of the WG and sincerely thank them for their unstinting and tireless efforts in delivering this report under the guiding and skilful hand of chair Prof. Cheryl Thomas KC.

Every child matters regardless of their background and deserves the best chance he or she can have to live a healthy, happy and productive life in our society. That is a badge of a civilised society. Some children however are extremely vulnerable. Vulnerability arises in different circumstances: abuse, poverty, accident of birth to name but some. Over 10 years ago we sponsored the Carlile Parliamentary Inquiry into the YJS. Many improvements have been made but our trustees were shocked to learn that 80% of children currently cautioned or sentenced in the YJS come from the SEND and neurodivergent cohort. We recruited a Working Group of experts in that field to discover what might be done to remedy this situation.

It is fair to say that the WG discovered this was a much bigger project than anticipated. Nevertheless, it has navigated a path intelligently and sensitively through the maze of issues and has delivered recommendations for children by identifying the gateways to diagnosis and treatment, whilst respecting the current constraints on the legal system and has identified appropriate exits thereafter. These gateways are designed to break the debilitating cycle of offending and reoffending, which can become endemic after a first encounter with the YJS. Child offending and reoffending, it should be said, involves some of the most troublesome and topical crimes including county lines, knife crime and the real risk of exploitation as a result of the susceptibility of these children to the influence of bad actors. The WG heard telling evidence and one piece, which sticks in my mind is that a constant worry of the parents of these children is “that my child ends up in court or dead”.

These pathways have been fully costed and chime in our view with the leitmotiv of this Government by intervening early, based on proper and useable data collection and in a cost- effective way to support these children whilst saving considerable sums of public money for years to come.

But, please be under no illusion that as in any complex model of interaction by a number of different agencies, effective and continuing oversight and accountability are essential to ensure success.

Our hope is that although many of the issues covered by this report have been identified for more than a decade, within the next decade and with cross party support, real improvements in the lot of these children will become apparent.

With great pleasure, I now hand you over to Professor Cheryl Thomas KC of UCL, who chaired the Group with resolve and without losing sight of the finishing line, to introduce members of the WG, who will each say a few words.

John Tenconi
Chairman of The Michael Sieff Foundation
April 2025

Next Steps – engagement with all key stakeholders

The Inquiry and subsequent report are viewed as the first step in active engagement between The Michael Sieff Foundation and members of the Working Group with all key stakeholders (policy makers and practitioners) active in ensuring appropriate justice for children with SEND and neurodivergence.

We welcome contact and constructive engagement with all parties moving forward. Please do not hesitate to contact David Hitchcock, Secretary of The Michael Sieff Foundation via email: david@michaelsieff-foundation.org.uk in the first instance.

Justice for children with SEND & neurodivergence
The Cost/Benefit Analysis figures

The calculations used in the cost/benefit analysis within the report were conducted by Frank Grimsey Jones, with input from other working group members and experts, on behalf of the Micheal Sieff Foundation. They represent approximate estimates of the costs and possible benefits associated with the recommendations in the report. We welcome further discussion about calculations and assumptions.

The spreadsheet of the calculations used can be downloaded here.

Please contact: Frank Grimsey Jones, f.grimsey-jones@exeter.ac.uk or David Hitchcock, david@michaelsieff-foundation.org.uk

The Working Group’s terms of reference

Towards the end of 2023 The Michael Sieff Foundation set-up a Working Group on Special Educational Needs & Disabilities (SEND), Neurodivergence and Youth Justice.

The Call for Written Evidence was Open until 19 April 2024.

Purpose

Government statistics show that 80% of children cautioned or sentenced within the Youth Justice System (YJS) are from the Special Education Needs and Disability (SEND) cohort[1]. Children with neuro-disabilities have higher rates entering custody from an earlier age, receive longer custodial sentences and are associated with higher rates of reoffending and more violent crimes[2]. The purpose of this Working Group is to examine what arrangements could be proposed for the reform of the Youth Justice System for children with SEND and neurodivergence. This includes considering:

• How to deal with cases currently in the Youth Justice System involving the SEND and neurodivergence cohort more appropriately and cost effectively outside of the Youth Justice System;
• How best to coordinate the relevant government departments, public bodies, multi-agency teams, courts and tribunals;
• How to rationalise and refocus the current locus of Youth Justice to achieve the current mandates of “Children First” from the UN Convention of the Rights of Children (UNCRC)[3] and evolving mental health and disability considerations.

 Terms of Reference

1. To produce a report on dealing with children with SEND & neurodivergence in the Youth Justice System better to ensure that children and young adults are constructively and fully engaged in the process.
2. To consider the viability of this cohort of children being dealt with through the SEND tribunal system[4].
3. To call for evidence from:

• Government and other public bodies involved in dealing with children with SEND and neurodivergence to determine that the proposals are capable of implementation and are in line with current thinking on the treatment of SEND and neurodivergent children in the YJS and that an effective transition from current practice could be made.
• Judges, retired judges, non-judicial office holders and administrators from the SEND tribunal system and from other parts of the courts and tribunals judiciary to ascertain whether this forum is appropriate for consideration as an alternative to the current YJS and would better serve the desired outcomes of “Children First”.
• Legal practitioners and organisations working in the youth justice and SEND fields
• Parents and others with direct involvement with children with SEND and neurodivergence
• SEND and neurodivergent children and young people
• Specialists in SEND and neurodivergence
• Academics specialising in SEND, neurodivergence, youth justice, courts and tribunals
• Experts on cost benefit analysis to assess the cost effectiveness of any recommendations of the Working Group.

5. To engage with other stakeholders active in the field throughout the process to ensure their views are appropriately considered.
6. To share the Working Group findings with all interested groups and parties.

Membership

Recognising that SEND embraces a wide spectrum of children, the Working Group includes representatives from parliament, the legal profession, academia and SEND and neurodivergence specialists[5].

Members
Chair: Professor Cheryl Thomas KC, Director, Professor of Judicial Studies, UCL Faculty of Laws and Director, UCL Judicial Insitute
Kate Aubrey‑Johnson, Barrister, ​Garden Court Chambers and Executive Director, Child Rights and Youth Justice
Sir Robert Buckland KC, Barrister, Foundry Chambers; Lord Chancellor and Secretary of State for Justice (2019-2021)
Dr Susana Castro-Kemp, Associate Professor of Psychology & Human Development, University College London (UCL) and Director, UCL Centre for Inclusive Education
Dr Anne Marie Day, Lecturer in Criminology, Manchester Centre for Youth Studies, Manchester Metropolitan University
Frank Grimsey Jones, Research Fellow in Health Economics and Health Policy, PenTAG, University of Exeter

Researchers to the Working Group
Dr Dora Kokosi, Lecturer  in Psychology and Human Developent, UCL
Selena Teji, Research, Data & Operations Lead, Child Rights and Youth Justice

Sieff Foundation observers to the Working Group
John Tenconi, Chair, Michael Sieff Foundation
Lord (Alex) Carlile of Berriew, CBE, KC, House of Lords
Richard White, Trustee, Michael Sieff Foundation

Working Group Secretariat
Maria Diaz, Manager, UCL Judicial Institute
David Hitchcock, Secretary, Michael Sieff Foundation

Timescale
Commencing in late December 2023, with evidence sessions in March – April  2024 and report finalised in April 2025.

Call for Evidence

Government statistics show that 80% of children cautioned or sentenced within the Youth Justice System (YJS) are from the Special Education Needs and Disability (SEND) cohort[1]. Children with neuro-disabilities have higher rates entering custody from an earlier age, receive longer custodial sentences and are associated with higher rates of reoffending and more violent crimes[2]. The Sieff Foundation is launching a call for evidence on how cases in the justice system involving children with SEND and neurodivergence can be most effectively and efficiently handled. The Sieff Foundation Working Group on SEND, Neurodivergence and Youth Justice invites submissions from interested parties on the following questions:

1. What is the current thinking on the treatment of SEND and neurodivergent children in the Youth Justice System?

2. How best to achieve the current mandate of “Children First” from the UN Convention of the Rights of Children (UNCRC)[3] for children under 18 with SEND and neurodivergence in the Youth Justice System?

3. Whether there might be ways of dealing with cases currently in the Youth Justice System (YJS) involving the SEND and neurodivergent cohort more appropriately and cost effectively outside of the YJS?

4. How viable would it be for this cohort of children to be dealt with through the SEND tribunal system?

5. What might be the advantages and disadvantages in using the tribunal system for cases involving under 18s with SEND or neurodivergence?

6. How can the work of relevant government departments, public bodies, multi-agency teams, courts and tribunals best be coordinated to deal with cases in the justice system involving children with SEND and neurodivergence?
7. What are the most effective mechanisms to ensure that children with SEND and neurodivergence are constructively and fully engaged in the justice process?

The Working Group welcomes submissions from the following:

• Government and other public bodies involved in dealing with children with SEND and neurodivergence including (but not limited to):
  • Ministries of Health, Welfare, Education and Justice
  • Youth Justice Board (YJB)
  • Child and Adolescent Mental Health Services (CAMHS)
  • Youth Offending Teams (YOTS)
  • CPS (including Area Youth Justice Leads and Youth Justice Specialists)
• Judges, retired judges, non-judicial office holders and administrators from the SEND tribunal system and from other parts of the courts and tribunals judiciary
• Legal practitioners and organisations working in the youth justice and SEND fields
• Parents and others with direct involvement with children with SEND and neurodivergence
• SEND and neurodivergent children and young people
• Specialists in SEND and neurodivergence
• Academics specialising in SEND, neurodivergence, youth justice, courts and tribunals

How to respond to this Call for Evidence

The Working Group is accepting written submissions to this Call for Evidence.

The written submissions should be provided in either as a Word of PDF file and sent electronically to the Sieff Foundation at the following email address: david@michaelsieff-foundation.org.uk

Alternative forms of submissions

The Working Group will also accept other forms of submissions such as voice notes where this would facilitate interested parties in providing a submission. Please send these as a file to the Sieff Foundation at the same email address as the written submissions.

Deadline for all submissions is 5:00pm on Friday 19 April 2024

Accessibility

If you require this document to be sent to you in a different format, or if you have any other specific accessibility requirements, please do get in touch so we can make reasonable adaptations.

Contact

For any queries about the Working Group or the Sieff Foundation please contact: David Hitchcock, Secretary Michael Sieff Foundation, david@michaelsieff-foundation.org.uk

A copy of this Call for Evidence document is available online: https://www.michaelsieff-foundation.org.uk/pdfs/Sieff-Foundation-Call-for-Evidence-2-Feb-2024.pdf

[1] “The proportion of children in England that had been cautioned or sentenced for any offence that had ever been recorded as having SEN was 80% and for a serious violence offence was 86%.” Department of Education and Ministry of Justice, Education, children’s social care and offending: Descriptive statistics (March 2022). For the latest dashboard statistics see: https://explore-education-statistics.service.gov.uk/find-statistics/education-children-s-social-care-and-offending-local-authority-level-dashboard/2019-20 

[2] The British Psychological Society, (2015). Children and Young People with Neuro-Disabilities in the Criminal Justice System.

[3] The UNCRC embodies the idea that every child should be recognised, respected and protected as a rights holder and as a unique and valuable human being. It applies to all persons under the age of 18. One of the key principles underpinning the UNCRC is the “best interests of the child (Article 3)”: whenever decisions or actions are taken that affect children, the bests interests of the child must be a primary consideration.

[4] For further information on the SEND Tribunal see: https://www.gov.uk/courts-tribunals/first-tier-tribunal-special-educational-needs-and-disability

[5] Please see  https://en.wikipedia.org/wiki/Neurodiversity for the basis for the inclusion of the last qualification.

The Michael Sieff Foundation
March 2024