Ian Hall is a consultant psychiatrist for people with a learning disability at Camden and Islington Community Health Services NHS Trust (Islington Learning Disabilities Partnership, 1 Lowther Road, London N7 8SL) and Honorary Senior Lecturer in Psychiatry of Learning Disability at University College, London. He trained at St George's Hospital Medical School, where he developed a research interest in young offenders with a learning disability.
Young offenders with a learning disability may encounter a variety of different psychiatrists, most of whom do not claim any particular expertise in helping them. Child and adolescent psychiatrists, learning disability psychiatrists and forensic and prison psychiatrists may all see young offenders referred to them who have a learning disability that is, mental retardation as defined in ICD10 (World Health Organization, 1992) (Box 1
). Many of these psychiatrists do not see such referrals as a core part of their role, and perhaps because of this, surprisingly little is known about this group of young offenders. They frequently fall into the borderlands between different types of service provision, and as a result can become marginalised. This is of particular concern since recent work has suggested that young offenders with a learning disability may have substantial mental health needs. This article aims to summarise what is known about this group and describe how some of their mental health needs might be met.
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Wolfboy guilty of child's murder
A disturbed youth nick-named Wolfboy was yesterday convicted of murdering a nine-year old boy playing in a park on a Sunday afternoon. [The judge] at the Old Bailey ordered that [the youth], aged 17, ... be detained at Her Majesty's pleasure. The judge lifted an order he made at the start of the trial banning identification of [the youth].
The victim ... had gone to [a park] a year ago from his home nearby to watch cricket with his father, uncle and brother. He wandered away to play on swings and was seen by several witnesses playing in the park with [the youth]. [The victim]'s naked and battered body was later discovered in dense undergrowth. He had been strangled. [The prosecutor] said the motive was not sexual.
[The youth], nicknamed Wolfboy and Werewolf because of his hairy face and squat build, was well known in [the area] for loitering in public places and approaching strangers, particularly children. After the verdict it was revealed he had a conviction for attacking a boy after taunts about his appearance. [The prosecutor] described [the youth] as "a rather lonely and disordered young man. He is backward, he has a low IQ and he has a degree of mental handicap although not a severe degree."
During the two-week trial [the prosecutor] described the murder as motiveless and said although no one saw it, there was "overwhelming circumstantial evidence" [the youth] was the killer. He was seen with the boy and later in the park crying and with scratches on his face. He told some youngsters: "Youll hear tomorrow there has been a murder in the park." At a nearby supermarket run by friends, he insisted on washing his hands and scouring his shoe. He muttered that the police would not catch him because they would find no evidence.
When he was arrested the next day he told officers "I didn't murder him, he was my best friend." He said he was a horrified witness to the killing carried out by boys who had earlier taunted and then thrown stones at him. [The prosecutor] said [the youth] despite his mental handicaps, displayed "a degree of basic cunning" in the interviews. (The Guardian, 1994, reproduced with permission)
| Box 1. Summary of ICD10 diagnostic guidelines for mental retardation (WHO, 1992) A condition of arrested or incomplete development of mind characterised by:
both of which were manifest in the developmental period
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| Box 2. Some questions about the case Do a lot of young people with a learning disability commit offences? Are they in contact with services prior to the offence? Is this offence typical? Is teasing/ridiculing the perpetrator a common factor in the aetiology of offences? Are children often victims? Are the crimes committed by young people with a learning disability more easily detected? Where was the perpetrator detained at Her Majesty's pleasure'? Was treatment offered? Did the perpetrator learn more constructive ways of dealing with teasing?
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Most studies have shown a higher than expected rate of learning disability among young offenders in penal institutions. In Britain, this was shown with psychometric testing in borstals (Gibbens, 1963), in approved schools (e.g. Gittins, 1952; Richardson, 1969) and in referrals to youth treatment centres and secure units in community homes with education (Cawson & Martell, 1979). Approximately 513% of young offenders in these studies had intelligence quotients (IQs) in the range for learning disability (i.e. less than 70). A meta-analysis of the American literature estimated the prevalence of mental retardation among juvenile offenders to be 12.6% (Casey & Keilitz, 1990). In contrast, in a more recent British study of the prison service, Gunn et al (1991) found that only 0.2% of those in youth custody in their survey had a learning disability. This is probably an underestimate, since in this study clinical impression alone was used to detect learning disability, rather than the formal assessment of intellectual functioning used in the other studies quoted, or the additional formal assessment of adaptive behaviour that is ideally required.
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Sir Cyril Burt (1925) described a typology of defective delinquents', with the younger ones being easily led and the older ones leading astray' much younger peers. He claimed that defective delinquents' are less likely to commit fraud, forgery or embezzlement, but more likely to commit vagrancy, sexual offences and robbery with violence than are other young delinquents. However, this typology should be viewed with caution since Burt does not present the data from which these conclusions are drawn, and his subsequent work in related fields has been seriously questioned. In a study in British borstals, Gibbens (1963) found that among these young offenders, intellectual dullness' was associated with proving' offences, delayed onset of sexual activity, late onset of criminal behaviour and membership of social class V. Cawson & Martell (1979) comment that among the referrals to youth treatment centres and secure units in community homes with education that they studied, those with a learning disability often showed trivial' delinquency, but "aggressive and irresponsible behaviour towards younger children".
Young people with a learning disability in general are known to have high rates of psychiatric disorder compared with their peers without learning disability. Prevalence rates of between 41% and 50% have been found in several studies, with antisocial and disruptive behaviour being particularly common among those with mild learning disability (Tonge, 1999). However, the relationship between psychiatric morbidity and offending behaviour has not been well explored in this group.
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The concept of diagnostic overshadowing is therefore highly relevant. It is important not to assume that because a young offender has a learning disability that all his or her problems are attributable to the disability per se. He or she may well have other diagnosable psychiatric disorders as well as particular impairments in adaptive behaviour skills. Recognition of these additional problems may suggest specific interventions that improve an individual's functioning and reduce offending behaviour.
| Box 3. Summary of prevalence and characteristics of young offenders with a learning disability People with mild learning disability are more likely to commit offences than those without learning disability They are likely to come from deprived and disrupted backgrounds They may have particular difficulty coping with prison They may have relative impairments of communication and social skills They may have specific psychiatric disorders that are masked by the learning disability
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Information gathering
Young offenders with a learning disability have often led complicated lives, and effort expended in gathering information about the systems they have been involved with usually pays dividends. Interviewing informants and perusing written information are essential techniques for getting historical as well as present state data.
Young offenders with a learning disability very often have adverse family backgrounds. West & Farrington (1973, 1977) found that coming from large families, poverty, unsatisfactory parental child-rearing behaviour and parental criminality were all predictive of juvenile delinquency. Similarly, Rutter & Madge (1976) found that poverty, family disorganisation, overcrowding and large families were all associated with mild mental retardation. It is therefore useful to enquire exactly what the family circumstances are and be alert to potential adverse events such as bullying and abuse. Children with a learning disability are in general more sensitive to such adverse events because they are in a more dependent position in relation to their carers than children without learning disability, and have fewer internal resources to deal with such trauma.
Adolescents with a learning disability who offend will usually have been regarded as having special educational needs'. Psychometry is somewhat out of vogue with educational psychologists and teachers, and so their reports in statements of special educational needs can be vague regarding individuals' particular skills and deficits. It may also mean that a mild learning disability may be missed, particularly when there is a comorbid behavioural disturbance. In recent years, special educational provision has been made increasingly within mainstream schooling, although young offenders with a learning disability may have attended all types of special school, including those for moderate learning difficulties', severe learning difficulties', emotional and behavioural disturbance' or for delicate' children with physical disorders.
In our recent study of adolescents in secure units, we found that those with a learning disability had had, on average, more placements outside the family home than their peers without disability. Young offenders with a learning disability are therefore highly likely to have had previous contact with services, and may well have moved placement frequently. It can be difficult to disentangle cause and effect in individuals with such a history, but where care placements are changing every few months this is likely to have a profound effect on an individual's feelings of attachment and their emotional development.
Certainly, the recent White Paper Modernising Social Services (Secretary of State for Health, 1998) acknowledges that children have not been sufficiently protected from abuse in residential settings and foster care. It also states that too many young people are placed too far away from home, with such placements often not being properly monitored by local authorities.
Interview
Ideally, the interview with the client should be conducted over more than one session. This is because it may take longer to build a rapport with someone with a learning disability (particularly if they are in alien or uncomfortable surroundings), and less information is likely to be gathered at each session. For example, it may take a long time to elicit mental state findings. In addition, a greater amount of information may be required, particularly about intellectual skills and adaptive behaviour. For these reasons, it is important to insist on an appropriate setting for an interview, so that it can be conducted in a relaxed and private manner. Where there are obvious communication problems, it can be helpful to seek the advice of a speech and language therapist prior to a second interview.
It is particularly important to seek out informants and collect historical and present state information from them, as they may have a much better idea than a visiting psychiatrist will about an individual's day-to-day functioning in their usual environment. However, informants may be unaware that someone has a mild learning disability, particularly if there are comorbid mental health problems. Gudjonsson et al (1993) have demonstrated the difficulties in identifying such vulnerabilities in adults in police custody.
Mental illness in young offenders with a learning disability can present in a very non-specific way, frequently with behavioural disturbance or social withdrawal, so it is especially important to enquire directly about psychiatric symptoms in very clear and straightforward language. I have found the Child Assessment Schedule (Hodges, 1993) to be a useful structured diagnostic interview that young offenders with a learning disability find easy to understand. People with a learning disability in general have higher rates of mental illness thanpeers without disability, and there are certain conditions such as autism to which they are much more prone, so it is certainly worthwhile undertaking a systematic and detailed enquiry.
Learning disability is diagnosed on the basis of there being significant impairment of both intellectual functioning and adaptive behaviour (or social functioning) arising in the developmental period. Young offenders with a learning disability are likely to have failed in various settings beforehand, so assessment needs to be sensitive to this. However, when making recommendations about treatment and placement, it is very useful to have a detailed picture of both intellectual functioning and adaptive behaviour skills. This is because specific relative deficits are likely to be found that may suggest particular intervention strategies. For example, there may be particular deficits in communication skills that can be addressed through education or speech and language therapy, or there may be specific problems with social skills that lead to misunderstandings and behavioural disturbance.
Research on the offending profile of young offenders with a learning disability is thin on the ground and different studies are somewhat conflicting. However, it is certainly true that young people with a learning disability may be led into crime by their more able peers, or even those younger than themselves. This was the case with the recently pardoned Derek Bentley, who was hanged after his younger accomplice shot and killed a policeman in a bungled break-in. Particular psychiatric disorders, especially those on the autistic spectrum, may be highly relevant to the motivation behind criminal behaviour, for example, with the development of highly idiosyncratic sexual fetishes. Psychiatrists may associate arson and sexual offences with people with a learning disability. This is somewhat erroneous; arson and sexual offences have been found to be relatively more common only among adults on hospital orders (Walker & McCabe, 1973; Kearns & O'Connor, 1988). As with other groups of offenders, property offences (excluding arson) are by far the most common (Day, 1990).
Young men with a learning disability may be particularly suggestible during interviews in connection with offences, which can potentially lead to miscarriages of justice. Where this is an issue, suggestibility can be assessed using the Gudjonnson Suggestibility Scale (Singh & Gudjonsson, 1992), which provides a relatively objective measure with which the courts have some familiarity.
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Management of offenders
As with other offender groups, it is necessary in the management of young offenders with a learning disability to balance the needs of the individual against the needs and demands of society. Where offences are minor or victimless, individual needs are more important. Court appearances and assessments in relation to these may lead to accessing appropriate community services, although offenders in late adolescence may fall foul of boundary disputes between child and adult services.
| Box 4. Clinical interview checklist More than one interview is usually required See the young offender in as relaxed and natural a setting as possible Direct observation of mental state and informant reports are essential Use straightforward language and check understanding Remember that learning disability can mask mental illness Consider the use of standardised assessment tools Consider the role of the learning disability/skill deficits and mental state in the offending behaviour
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For those whose offence is more serious, the needs of society may dictate that custodial care is required for a time. For young people with a learning disability in the UK, this can mean a variety of institutions in the health care, social care, education and penal sectors (Box 5
) (after Sheldrick, 1990).
There is very little specific provision for young offenders with a learning disability, with the exception of a secure adolescent unit for learning disability in the private/independent health care sector and a non-secure National Health Service adolescent unit for learning disability in the north of England. All the units listed in Box 5
may take young offenders with a learning disability, but their philosophies can differ. Health care, social care, education and containment are all elements that are required in the management of young offenders with a learning disability, but which may be lacking in some of these places. For example, specialist educational facilities are unlikely to be available in prisons, and the provision of specialist health care (including psychiatry, psychology, occupational therapy and speech and language therapy) can be very limited in special boarding schools, children's homes and prisons. It is likely that young offenders with a learning disability are especially vulnerable in penal institutions. Certainly in the USA they were found to make a much poorer adjustment to prison regimes, and so get into much more trouble (Smith et al, 1990).
New research
Notwithstanding this variability in approach, it can be difficult to decide what criteria are used to determine the most appropriate provision for an individual. In our study (Hall, 1999), we compared a secure unit in a community home with education with a secure adolescent unit in the private health care sector. We found young people with a learning disability with a remarkably similar range of psychiatric diagnoses, a similar degree of behavioural disturbance and similar patterns of skills and impairments in both units. It did not therefore seem that people were being selected for these units on these criteria. We did, however, find that indices of suicidal behaviour were more common in those in health care provision, and this may represent an important reason for using this resource. We also found that a greater history of offending was present in those in the social care institution, so this may be a more favoured option by the courts.
Clinical pathways
The pathways to care that young offenders with a learning disability take can seem haphazard. Offending behaviour may or may not be dealt with by the criminal justice system, depending partly on the seriousness of the offence, but also on many other factors. These include the attitudes of individual police officers and others already involved, such as family, care staff, social workers, schools and psychiatrists. Whether other agencies are already involved can significantly influence the path that the young person takes.
| Box 5. Examples of facilities that may look after young offenders with a learning disability Young offender institutions (HM Prison Service) Community homes with education (Social Service departments) Children's homes with or without secure units (Social Service departments and independent sector) Special boarding schools (education departments) Youth treatment centres (Department of Health) NHS adolescent units Private hospital adolescent units
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Many of those whose behaviour problems are less serious do not become subject to legal controls, although they are likely to be in contact with some services, for example, special education, Social Services, child and adolescent mental health services. The legal instruments that may be used on young people (up to the age of 18) in addition to sentencing within the prison service are outlined below.
Mental Health Act
Most young offenders with a learning disability who commit serious offences meet the criteria for mental impairment under the 1983 Mental Health Act, and are of an age where it would be difficult to say that treatment would be ineffective. Most of those in secure psychiatric hospitals are detained under the Act. However, there are many more young offenders with a learning disability who have their freedom restricted who are not in hospitals and not subject to the Act, even though they may meet criteria for its use. Given the variability of health care provision in other settings, perhaps more consideration should be given to diverting young offenders out of the criminal justice system by suggesting use of the Act. Both civil sections under Part II and criminal sections under Part III of the Act are appropriate, although section 36 (remand to hospital for treatment) does not apply to those with mental impairment under the Act. For all those sentenced to youth custody by the courts, therapeutic options in such penal institutions are limited, but those meeting the criteria for mental impairment (or another mental disorder under the 1983 Mental Health Act) can be transferred to hospital using section 47.
Other methods
Secure accommodation orders under the Children Act 1989 may be used to detain young offenders in social care institutions, the Youth Treatment Service and psychiatric hospitals. These include private and voluntary as well as statutory agencies. Those convicted of the most serious offences have orders made by the courts under section 53 of the Children and Young Persons Act 1933, and this can be used to detain people in youth custody, Social Services care or in the Youth Treatment Service.
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