Thread by @catrubens

The consultation by @MoJGovUK on 'Delivering Justice for Victims' closes today (thread 🧵) :

gov.uk/government/con…

@CBFdn @mencap_charity @AQuinnUnbroken

This is an opportunity to reflect on the dismal position faced by learning disabled and / or autistic people who are victims of crime & abuse. Far too often, there is no justice in the criminal justice system for them.

1. There is no mandatory guidance from the National Police Chiefs Council @PoliceChiefs for the investigation of crimes against learning disabled / autistic people, or people with additional communication needs.

2. This results in a postcode lottery for disabled victims who are dependent on the insight & discretion of individual investigating officers as to i) interview techniques; ii) alternative sources of evidence; iii) provision of an intermediary; iv) payment for support services.

3.Learning disabled victims of crime are routinely dismissed as lacking capacity to give a police interview, and their cases are far too often made the subject of a ‘No Further Action’ decision as a result.

This can contrast sharply with when they are accused of crime.

4. Officers often do not investigate whether the victim may give evidence with a registered intermediary or with the assistance of a psychologist. Funding for an intermediaryhas to come from the individual police force’s budget = post code lottery

5.Investigating officers too often dismiss common assault offences that occur physical restraint as ‘reasonable’. There is no formal requirement for officers to have specialist training to review CCTV, or to ask an expert in LDs whether disproportionate force was used.

6. Again, the issue of funding experts who actually understand that restraint should *always* be a last resort & is often misused, resulting in assaults & injuries, is a postcode lottery amongst police forces.

7. We see so many cases where serious crimes against learning disabled / autistic people are dropped by the police bc they are seen as too complex to investigate, or not in the public interest. How is it not in the public interest to investigate abuse in care homes across the UK?

8. Without CCTV (which invades people's privacy) or a whistleblower (which sometimes isn't enough), perpetrators of abuse & assault against learning disabled people go unpunished.

This needs to change urgently. Access to justice isn't a reality for these victims.

9. The State has a duty to ensure an effective investigation into serious crimes under Article 3 ECHR, & police forces have duties to make reasonable adjustments under the Equality Act.

Hard to see that the current arrangements by the Police & MOJ meet those duties.

10. As a civil / human rights lawyer, it's *much* harder to bring a case for damages & HRA breaches following abuse when the police haven't investigated fully. They have powers to interview witnesses & gather evidence that we don't. This further denies victims access to a remedy.