The Experiences of Justice-Involved Neurodiverse Children in England and Wales: How Can We Close the Rights Gap?

Children with special educational needs and disabilities (SEND) and those defined as ‘neurodiverse’ are significantly over-represented in the English and Welsh youth (juvenile) justice system (YJS). Evidence points to a number of significant challenges in neurodiverse children’s lives before entering the justice system that increase the likelihood of criminalisation. Then, once in the youth justice system, they encounter further challenges that are both harmful and arguably inconsistent with their human rights. This paper discusses research showing that neurodiverse children often have their rights compromised both prior to and throughout their involvement with the youth justice system. The concluding section of the paper will focus on best practices and recent developments in England and Wales that seek to close the rights gap for this group of children. It is hoped that, by considering both the advances and challenges in England and Wales, the paper will provide a useful case study for international jurisdictions seeking to close this gap for neurodiverse children in youth justice systems.