Children who have special educational needs and disabilities (SEND) and care system involvement face significantly higher odds of criminalisation compared to other children, new research reveals.
Led by Dr Anna Leyland from Manchester Metropolitan University in collaboration with the University of Sheffield, the study analysed the odds of formal criminal justice system contact in England among children identified with SEND, who were also involved with the care system – those with a social worker and those with care experience.
Researchers analysed linked administrative records from the Department of Education and the Ministry of Justice from 2002 and 2020 which included more than 1.7m children born between 1995 and 1998 in England, and measured education, child welfare service, and criminal justice data.
Findings published in Children and Youth Services Review revealed that 28% of children with SEND had a criminal caution or conviction by the time they were 25 years old compared to 6% of children without SEND.
Across nine of the 11 SEND categories analysed, the children with care system involvement had even higher odds of receiving a criminal caution or conviction compared to those with the same SEND designation but no care system involvement.
Children with social, emotional, and mental health needs (SEMH) had the highest risk of criminal justice contact. More than half of children with SEMH who had care system involvement had a caution or conviction, and a quarter of those received a custodial sentence.
This was closely followed by children with speech and language communication needs (SLCN) and care system involvement who were twice as likely to have criminal justice involvement than those with SLCN but no care system involvement.
For children with specific learning difficulties – including dyslexia, dyscalculia, and dyspraxia – and care system involvement, 32% had received a caution or conviction, compared to 12% of children with specific learning difficulties and no care system involvement.
Dr Leyland, said: “Our research shows that children in this crossover group, who have special educational needs and disabilities and who also have involvement with the care system, face significantly higher odds of criminal cautions or convictions.
“The risk is starkest for children with social, emotional, and mental health needs, a diverse category of SEND, with children who experience high rates of school exclusion, self-regulation challenges, and exposure to adversity.”
Despite these children being recognised as having additional educational needs, and being known to welfare services, they still experience worse outcomes in the criminal justice system.
Although more research is needed is this area, findings suggest the importance of early intervention, a need for multi-agency support, and diversionary strategies to prevent the criminalisation of vulnerable children, which supports key reforms outlined in the government’s new SEND strategy.
Read the full paper: Criminal justice system outcomes of children with child welfare service involvement and special educational needs: analysis of routinely collected data
