Thread by @catrubens

As @MoJGovUK publishes its draft #VictimsBill, it's a good opportunity to review how rarely learning disabled & autistic victims of crime see any "justice".

@CommonsJustice is scrutinising the Bill this week

Thread 🧵

1/ The purpose of the Bill is to improve "the end-to-end support for victims of crime" so that they can cope & recover from crime, and engage with the criminal justice system (CJS).

Full draft Bill here: assets.publishing.service.gov.uk/government/upl…

2/ So will the Bill improve the position for learning disabled and autistic people who are the victims of crime?

Short answer: not really, unless significant changes are made as the Bill passes through Parliament.

Long answer: see below 👇

3/ The Bill introduces a duty on local authorities, Police and Crime Commissioners (PCCs) and Integrated Care Boards to collaborate with each other when commissioning support services for victims.

(There is no statutory provision for additional funding for such services).

4/ This commissioning support duty is only in respect of victims of domestic abuse, sexual abuse and serious violence. “Serious violence” is defined in relation to (i) the maximum penalty for the offence; and (ii) the impact of the violence on any victim.

5/ This is not wide to cover all offences committed against learning disabled and / or autistic people who may need support to access the CJS for most (if not all) offences, and who may be impacted upon more seriously by seemingly “minor” offences.

6/ I've had clients subjected to "minor offences"- e.g. common assaults during restraints in care - that have had a huge impact. They had to be moved from their placement (read: home) at a moment's notice.

It doesn't look like the support commissioning duty will apply to them.

7/ Another concern is that the Bill is silent on advocacy support for learning disabled and / or autistic victims, & those with additional communication needs. The focus is entirely on the roles of Independent Domestic Violence Advisors and Independent Sexual Violence Advisors.

8/ Whilst IDVAs & ISVAs do crucially important work, they are not generally trained to support learning disabled and / or autistic victims of crime.

Where is the provision for registered intermediaries & communication support?

@IfJ_Justice

9/ There is no requirement for the police, @CPSUK or judges to undertake training on meeting the needs of victims of crime with communication difficulties, who have different needs to undertake ABE interviews, give evidence in Court, and to understand the proceedings.

10/ In recent cases, I've seen derogatory language allowed by judges in criminal trials; police interviewing severely learning disabled clients with no specialist training or support; dismissal of CCTV evidence if the victim shows challenging behaviour.

11/ So how can the CJS *actually* meet the needs of learning disabled & autistic people?

12/ The Bill should require CJS agencies to commission support services for victims of crime with communication and / or learning difficulties, irrespective of the category of offence. Entitlement and funding to such services should be on a statutory footing.

13/ This should include (i) specialist advocacy services; (ii) support and therapeutic services; and (iii) access to a registered intermediary to assist the victim to give evidence to the police and, if required, in Court.

14/ Improving the CJS for learning disabled & autistic people isn't just crucial for the victims who are being failed, but because we should all care about equal access to justice, and the proper scrutiny of abuse & mistreatment of our fellow citizens.

@CBFdn
@RightfulLives