Supporting people with cognitive disabilities in contact with the criminal justice system: the importance of relationship-based practice

Abstract

People with cognitive disabilities who encounter the criminal justice system as offenders have often experienced multiple layers of disadvantage. Service responses in the criminal justice system and within the broader community may not adequately address communication, behavioural, and social issues of people with cognitive disabilities, resulting in people continuing to cycle in and out of youth detention or prison and failing to address issues of community safety. This article synthesises the findings from a program of Australian research that explored the experiences and insights of people with cognitive disabilities who have been identified as offenders and service providers who have supported this group in negotiating the system. Taken together, these studies outline a critical role for relationship-based practice with people with cognitive disabilities that address both personal and structural concerns. This practice approach is developmental, focusing on helping a person to achieve power over resources, relationships, information, and decision-making. It is argued that meaningful change can also occur by forming intentional communities around issues of concern. This article identifies how relationship-based practice can occur in interactions with police, within the prison system, and in the context of the National Disability Insurance Scheme (NDIS). These ideas are supplemented by other studies on relationship-based practice to develop a further understanding of how to provide effective support to this group.