Navigating the peripheral victims of the justice system

Recently our team have been reminded of the importance of a topic that often flies under the radar within the criminal justice system: the ripple effects of brain injury on the loved ones of individuals facing legal troubles. So here I take the opportunity to shine a light on the experiences of these relatives and push for a more inclusive approach to risk assessment and support.

There is a clear demonstration and increasingly growing evidence base on the prevalence of brain injury within the criminal system and offenders, although still much work needed, the drive to improve understanding and awareness across all areas of the justice system is at least underway.

Recent data from leading sources such as Headway and academic publications shed light on the prevalence of head injuries among prisoners and their potential impact on offending behaviour, with these findings underscoring the imperative for a more comprehensive approach when evaluating individuals in legal contexts.

We support a number of clients who fall within this realm and have first-hand experience of the challenges and lack of awareness when it is the brain injured individual at the centre of said legal processes.

Our team may be required when attending court for appearances, bail condition explanations, taking on appropriate adult roles or simply explaining legal correspondence and explaining the nuances of brain injury, face validity and frontal lobe paradoxes.  

In the midst of this complex dialogue, there's a significant factor that frequently escapes adequate consideration: the relatives of individuals involved in criminal activities who may also be contending with the pervasive impact of brain injury.

Within the criminal justice landscape, the complexities of brain injury are not confined solely to the individual facing legal proceedings.

The relatives of these individuals, often overlooked in risk assessments and support frameworks, navigate an arduous path fraught with uncertainty and unacknowledged vulnerabilities.

The repercussions of failing to recognise or understand the unique needs of these relatives can be profound, reverberating through familial relationships and exacerbating the challenges posed by their loved one's entanglement with the law.

It's not just about the individual facing the law; it's about understanding the whole spectrum of impacts that echo through their family. These effects can range from emotional strain to practical difficulties, and they often go unacknowledged.

Even when they are explained to other external professionals at length, there sadly seems to be little impact.  

Recent research has highlighted the link between head injuries and criminal behaviour, shedding light on the complex interplay between neurological trauma and legal entanglements.

This paints a compelling picture and underscores the need for a holistic approach that considers not only the individual in question but also their family members or loved ones dealing with the aftermath of brain injury.

From what I and my team have witnessed over many years, our current system often overlooks the relatives of individuals with brain injury when assessing risks and providing appropriate and relevant support.

Our current system frequently overlooks the relatives of individuals with brain injuries when assessing risks and providing support, as observed by my team and me over many years.

Recently, we witnessed a concerning incident where police arrived at a client's home to apprehend a close relative living there.

Despite the address being known to local social services and having previous police visits, the attending officers were unaware of the owner's brain injury, their lack of capacity, cognitive difficulties, and vulnerability.

This lack of understanding led to a distressing situation handled poorly due to inadequate pre-attendance checks, communication gaps, absence of risk assessments, and an overall disregard for our concerns.

In the early hours, prior to our team's shift, they arrived.

The client's impairment became evident when a rehabilitation assistant mentioned a police vehicle leaving the street, prompting the client to disclose that a loved one had been arrested.

Despite being present throughout, the client struggled to articulate the reason for the arrest or provide details. This marked the onset of a challenging communication struggle with the police to determine the relative's status while managing a confused and distressed client.

Despite advocating at length for our client's needs and highlighting the lack of pre-attendance diligence, communication skills, risk assessment procedures, and dismissive attitude towards our concerns by the police, we faced obstacles.

Our frustration peaked with comments like "They told us of their brain injury, but they witnessed the arrest; they must remember." It was 48 hours post-index event at this point.

On that same day, during our client's visit to our premises, another police representative contacted her without clear identification, sought personal details and passwords against our instructions requiring accompaniment by an appropriate adult for any communication with them.

The recurring justification "they said it was fine" and "they claimed it was okay" persisted.

Educating each department, officer, or control room member on frontal lobe paradox and hidden disabilities often elicited silent sighs.

Trying to dispel presumptions with remarks like "She looks fine..." proved challenging...

We faced challenges explaining the complexities surrounding brain injuries to various other authorities while trying to manage our confused and distressed client.

The interactions highlighted the need for better communication protocols tailored to individuals with hidden disabilities.

As professionals in this field, it is crucial that we advocate for improved awareness and sensitivity towards such cases in law enforcement agencies and emergency services. Not just at the stage of arrest or investigation, but throughout proceedings.

If clients are being called upon as witnesses, there is further complication and potential risk of proceedings against the clients themselves for potential false or misleading information.

Even matters such as signing documents or agreeing to be a contact point must consider the complexities of capacity.

This overt lack of understanding perpetuates an environment where essential understanding and tailored assistance remains well below par.

The requirement for tailored risk assessment tools that encompass the relatives of individuals with brain injury cannot continue to be overlooked.

The failure to account for the vulnerabilities and unique needs of these relatives within the ambit of legal proceedings perpetuates an outcome which leaves these vulnerable clients exposed and confused. More worryingly, it leaves them even further exposed to risk.

It has fallen to those of us who have known this client for over a decade and have repeatedly borne witness to the lack of understanding across this sector, not because they do not wish to, but simply because these ‘satellite’ individuals are not at the centre of their educational need.

With over a decade spent witnessing this, I can confidently say that this oversight stems from systemic flaws, not indifference. The needs of these families aren't typically the focus of professional training.

Despite the plethora of topics that legal professionals need to grasp, understanding the basics about brain injury's broader impact is crucial.

We've seen similar progress in the past with learning and physical disabilities, but 'invisible' conditions still pose a significant challenge.

Drawing on deep experience and specialised knowledge, we have a responsibility to stand up for change.

We must push for better education that considers our client's needs as part of the whole process – their well-being is tightly linked to our work.

So, what's the bottom line?

It's time to advocate for enhanced awareness and consideration of the individuals with brain injury related or closely linked to those on the wrong side of the legal system.

We're talking about weaving a tapestry of empathy, understanding, and proactive measures that encompass the multifaceted impact of brain injury.

We must work to foster a landscape where these relatives are recognised, understood, and provided with the support they rightfully deserve despite being on the periphery of legal proceedings.

Our clients have the benefit of a multi-disciplinary, well-funded team there to ensure this weaving can be undertaken, but there are many, and likely a majority who do not have access to experienced professionals or advocates who can be their voice in these challenging encounters, leaving them further exposed and vulnerable.