A crime to be punished or a problem to be solved? Anti-social behaviour orders and young people with mild learning disabilities
| Pages | 64-77 |
| Date | 03 June 2014 |
| Published date | 03 June 2014 |
| DOI | https://doi.org/10.1108/JIDOB-03-2014-0004 |
| Author | Gemma Cino |
| Subject Matter | Health & social care,Learning & intellectual disabilities,Offending behaviour |
A crime to be punished or a problem to be
solved? Anti-social behaviour orders and
young people with mild learning disabilities
Gemma Cino
Gemma Cino is a Social
Worker, based at Keele
University, Keele, UK.
Abstract
Purpose – The purpose of this paper is to critically explore the impact of anti-social behaviour orders
(ASBOs) on young people with mild learning disabilities. In an attempt to identify why young people (under
the age of 18) with learning disabilities are exposed to the criminal justice system, an emerging body of
evidence is considered. The research provides an insight into some of the difficulties vulnerable young
people may encounter, such as receiving unrealistic prohibitions and the lack of support provided after
receiving a court order. The research also highlights the lack of professional awareness and understanding
of learning disabilities and considers the level of training available to professionals. The paper closes with a
discussion of the themes identified from the literature reviewed and some of the changes proposed by the
coalition government regarding the future of the criminal justice system.
Design/methodology/approach – Although a strict systematicreview of the literature was not required for
the literature review, a less rigorous systematic approach was employed. When searching for literature, the
general principles and guidelines of the Cochrane Collaboration were employed, this included inclusion
and exclusion criteria. The eligibility criteria guided the focus of the literature review and determined
the relevance of the research. During the literature review it was recognised that much of the research
is discussion/review based, and currently there is a limited amount of empirical research available.
An eco-systems perspective was employed to consider the connections between young people, the
environment and anti-social behaviour (ASB).
Findings – The findings from the literature review, illustrate a growing body of evidence which suggests that
young people with learning disabilities have been “caught up”in ASB measures.It is positive that morerecently,
there has been a much needed focus on early identification and diversion away from the criminal justice system,
for those with mental health conditions and learning disabilities. The research findings presented by Cant and
Standen, and Talbot, provide possible explanations as to why vulnerable young people are made subject to
ASBOs. Indeed this lack of sufficient training has not gone unnoticed by other researchers.
Research limitations/implications – Although the author is aware of the valuable insight qualitative research
can provide, the methodological limitations raise questions regarding the validity of the research the author has
considered, especially as most of the research the author has drawn upon is based on exploratory approaches.
Nevertheless, the concurring themes drawn from the research findings raise much curiosity around the potential
links between disability awareness training and the identification of young people with mild learning disabilities.
Practical implications – Despite the governments recent proposal to abolish the ASBO and introduce a
new approach to tackling ASB, it appears unclear as to how the new measures will differ from the existing
ones. The recent proposed measures are set out in the Anti-social Behaviour, Crime and Policing Act 2014.
Although the accompanying guidance for frontline professionals clearly sets out the need for early
intervention, which sits alongside a new menu of ASB powers, including the Criminal Behaviour Order
(which seems very similar to the ASBO), it is disappointing that the guidance does not give any direction of
how new measures will impact on young people with learning disabilities.
Social implications – Although the ASBO was not initially designed to target children and young people,
it is clear from the literature that certain families and young people are often singled out and labelled as
“anti-social”. It is unsurprising, that children and young people from poor families, with low educational
attainment, limited employment opportunities and live in the most marginalised and deprived communities
are amongst those who are singled out as being particularly problematic.
PAGE 64
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JOURNAL OF INTELLECTUAL DISABILITIES AND OFFENDING BEHAVIOUR
j
VOL. 5 NO. 2 2014, pp. 64-77, CEmerald Group Publishing Limited, ISSN 2050-8824 DOI 10.1108/JIDOB-03-2014-0004
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