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Thursday, 28 July 2016

Doctors are 'failing to spot Asperger's ' The same failures are in the prison system. To understand or recognized behaviors of those with differences leads to longer sentences and a constant recall trap.. Reverse recalls to go before a judge who can weigh up facts before enacted accept in the case of reoffending.



"Havoc caused by a pre-occupation with the word risk.  The word risk is a  contradiction by the  government that let,s out  prisoner every single day."





Those with Dyslexia Dyspraxa Adhd Asperger's Autism or other are not getting the accommodation or support to go forward in the system moreover there are human rights violation and this needs to be challenged as they have been unable to go forward through the system no fault of there own. 
Lets first start by defining the term vulnerable of a person) in need of special care, support, or protection because of age, disability, or risk of abuse or neglect:
A person in need of special care, support or protection. For the purposes of this article we will be referring to those who have a Specific Learning Difficulty such as Dyslexia, Dyscalculia and those who have or suspected of having a Nuerodevelop mental Condition such as Asperger’s Autism.

Attending a  Hearings seeing  psychologist in Prison make heavy demands on language skills – both receptive and expressive – and require an ability to process information reasonably quickly and efficiently. Reliable memory, sequencing abilities and concentration are also necessary. All these areas fall within the profiles associated with Specific Learning Difficulties.
Vulnerable people also  include those who are young, those who have experienced trauma, those with autism spectrum disorder, attention deficit (hyperactivity) disorder ADHD, ADD, mental health needs, specific learning difficulties and deafness, as well as older people and those with physical disabilities or health conditions which may negatively affect their ability to effectively participate in the trial process.

Dyslexia identified as a disability as defined in the Equality Act 2010. Dyslexia and related Specific Learning Difficulties are the most common disability to be encountered in the Justice System. As ‘Hidden Disabilities’ they are the least understood and can give rise to significant disadvantages in  legal settings, even leading to miscarriages of justice.

 Dyslexia ADHD/ADD. Signs of Attention Deficit (Hyperactivity) Disorder include inattention, restlessness, impulsivity, erratic, unpredictable and inappropriate behaviour, blurting out inappropriate comments or interrupting excessively. Some people come across unintentionally as aggressive. Most fail to make effective use of feedback. Behaviour is often misinterpreted and misunderstood. There are three main difficulties called the Triad of Impairments.

The impact of specific learning difficulties Prison  setting.
The following problem areas have been reported by people with Specific Learning Difficulties who have experience of court or tribunal proceedings:

  • A build up of stress, due to long delays at the hearing
  • Impossibility of following the cut and thrust of court exchanges
  • difficulty coping with oblique, implied and compound questions
  • difficulties giving accurate answers relating to dates, times or place name
  • problems providing consistent information on sequences of actions
  • inability to find the place in a mass of documentation, as directed
  • coping with a room full of strangers in unfamiliar settings
  • maintaining concentration and focus
  • an experience of sensory overload from the lights, bustle and distractions.

In addition, concerns were expressed about how their behaviour might be perceived:

inconsistencies would imply untruthfulness; failure to grasp the point of a question could come across as evasive; lack of eye contact could be mis-interpreted as being ‘shifty’ and an over-loud voice might be regarded as aggressive. The overriding worry was that a loss of credibility would occur when they did not ‘perform’ as expected.


 If you have a confirmed diagnosis or are suspected of having these conditions you need to make your legal team aware at the earliest stages and look a possibility  having a disability solicitor and barrister which you can have both for specialist cases such as IPP . You you would think that prisoners would want to  inform all all concerned  however if you ask prisoners and from my experience they  would say I want go down that road because it is well documented that you spend longer in prison and  in fact double the time than person without a disability , blatant discrimination. Informing  prison or other  agency's  since it make no  differences  because they have  little or no  training and are not able  recognize someone with a disability  .Those making juging at PAROLE HEARING may not be aware of your difficulties as this makes you vulnerable.
To be able to fully participate in  a hearing they must make reasonable adjustments,  making sure you never get out!

Informing prison of a disability may land you in a discrimination case little or no  accesses to offending behaviour courses because of your disability dyslexia Asperger's Autism etc.
Disabled prisoner victory 12 October 2009. Victory in prisoner disability discrimination case forces Prison Service rethink on disability issues 28 January 2008.https://www.leighday.co.uk/Asserting-your-rights/Human-rights/Prisoner-rights/Prisoners-and-discrimination

Recall washing machine
 
Hundreds  of IPP prisoners with these differences are faced with the plight of RECALL and of the vulnerable parents unable to pay the cost appeal since there is "no legal aid" .
Those with these types of differences have frequent difficulties with time keeping , misunderstanding ,getting the date and time wrong, turn up on wrong day get the tine wrong, missing appointments but continual being recalled for silly reasons. more leeway needs given for those with differences s AND training for all staff working with those who have nor-logical difficulties. Parole officers seem to work a system if your face fit or they like you I don't see a "fare system " in place that accommodates those who have neurological disability 25% leeway as a result of difficulties they have. yes im aware it a long processes   before you can be recalled but neurological differences  don't go away they are repetitive, has there been  fairness it clearly shows not. Often you may not be aware a person has a disability and my teachers in a sevay said they would not be able to recognise a person with a hidden disability and they work with children all day. 
 Recall  
  • Fairer system for all, one way does not work for all 
  • Recall to go before a judge. Magistrate who can independently weigh up facts before enacted(accept in the case of a further obvious offence.  
  • A licence can be challenged once in the community bearing in mind no legal aid for this now.
People with a learning disability are individuals first and foremost and each has a right to be treated as an equal citizen…courts or prison must take all steps possible to ensure that people with a learning disability are able to actively participate in decisions affecting their lives.

Too narrow a focus the prisons accompanying failure to address his’ needs arising from their disability which might impact adversely on the length of sentence.
Prisons must also take steps to ensure there are no barriers to justice within the process itself. That staff must recognise those with learning disabilities need extra time with solicitors so that everything can be carefully explained to them…The process necessarily has to be slowed down to give such parents a better chance to understand and participate.

All parts of the Family justice system should take care as to the language and vocabulary that is utilised

The hearing judge or other should conduct a case management hearing to identify his difficulties and what reasonable adjustments he needs and who will assist him in parole. Failure to make reasonable adjust leading to a longer sentence. Failure to deal with his cognitive deficits and vulnerabilities. It has been widely know  those with disabilities spend double the time in prison and more and this practice must end. A solicitors  must be able to assist client but  often many solicitors are failing them or not advising correctly. solicitors to are expected to make reasonable adjustments to remove barriers for people with disabilities.

""""The basic principle is that if you come under the category of vulnerable when in prison you are entitled to a fair hearing. Article 6 of the human rights act is the right to a fair hearing. The right to a fair trial is fundamental to the rule of law and to democracy itself.""""

You are entitled to reasonable adjustments so that you are able to fully participate during the hearing.
You are entitled to a registered intermediary to assist you throughout the hearing. poor memory poor processing visual-spatial organization, receptive and expressive language, phonology, attention, Hearing impairmen auditory processing disorders known as brain deafness different from a hearing deafness, complex process—picking up sound and attaching meaning to it.


You have to have normal intelligence to have Dyslexia below is handicap so they are kept back from those who misunderstand as those with dyslexia can came across as been evasive and this in see written in the physiologist resorts staff and in hearing displaying they are not experienced enough or able to spot that its not being evasive there trying to recall this is p[art of the disability poor memory to recall in time  without looking as though your bee evasive.

Court hearings make heavy demands on language skills – both receptive and expressive – and require an ability to process information reasonably quickly and efficiently. Reliable memory, sequencing abilities and concentration are also necessary. All these areas fall within the profiles associated with Specific Learning Difficulties.

 impact of specific learning difficulties in a Probation setting or visiting a physiologist 


In addition, concerns were expressed about how their behaviour might be perceived: inconsistencies would imply untruthfulness; failure to grasp the point of a question could come across as evasive; lack of eye contact could be mis-interpreted as being ‘shifty’ and an over-loud voice might be regarded as aggressive. The overriding worry was that a loss of credibility would occur when they did not ‘perform’ as expected.


 Devastating  failings
It is a well documented  those with  disabilities spend double the time in prison than then there counter parts and you have to ask yourself why?  it is not an  excuse to say i have little or know  knowledge of a those disability when you are not qualified in making  reports that are effect others life,s and outcome. 
 First you must have understand  are they  discriminating but not having the want know what accommodations to give them and are failing them going forward. i have received hundreds of emails from family of those with and without differences  being held for 10... years denied  accommodation these examples needs a full investigation.

Despair, caused by the fact that thousands of vulnerable people have been denied access to legal aid and leaving them open to abuse and injustice. Despair, knowing that new legal aid cuts will discriminate against many, many more. Finally, despair and panic because of the lasting damage such measures were likely to leave behind.
Reverse recalls to go before a judge who can weigh up facts before enacted accept in the case of re offending. This will be a fairer system for all. probation often recalls those with disablitys such  as Asperger Autism repeated behavior they cant help and those with dyslexia and dypraxia nor-logical problems forgetting the day and inconstancys  repeated failing they cant help.
katherine Gleeson Founder of Dyslexia group increase awareness and understanding https://www.facebook.com/groups/bowde/


‘IPP is affecting mental health’
Emotionally and psychologically the IPP sentence is a form of torture. A study was once carried out on  one prisoner who had been held indefinitely without charge or trial at HMP Belmarsh’s infamous prison-within-a-prison, Upon Thames’ as it is known. The study found that it was the indeterminate nature of their incarceration which drove many insane, and some to take their own lives.Discrimination is part and parcel of IPP  the above.https://www.youtube.com/watch?v=B2sXwd_J4e8
.
IPP INQUEST
Senior Coroner raises concerns about the unmet mental health needs of prisoners serving IPP sentence,.and has asked the Prisons Minister to take action to prevent future deaths.Coroner Peter Dean heard the inquest into the death of Steven Trudgill, a 23 year old who died at HMP Highpoint. The inquest concluded on 24 May 2016, after two and a half weeks of evidence. Steven was found hanging in his cell by a prison officer...
 https://plus.google.com/+katherineGleeson/posts/7wxUTGRRLrq


The Guardian
IPP sentences are not reserved for the most heinous of offences – they apply to people convicted of robbery, threats to kill and ABH as well as other more serious sexual and violent offences. The unique feature of the sentence is that it is not just imposed for what someone has done in the past but for what they might do in the future. The majority of those still stuck in the system are the “difficult” – angry, inarticulate, addicted or learning disabled who have not been able to navigate the path to their release. They are usually young men or at least were when they got their sentence. Many have lost hope. The majority are not what most people would regard as dangerous.

Unjust


Disability discrimination
Disabled prisoner victory 12 October 2009. Victory in prisoner disability discrimination case forces Prison Service rethink on disability issues 28 January 2008.https://www.leighday.co.uk/Asserting-your-rights/Human-rights/Prisoner-rights/Prisoners-and-discrimination
https://www.citizensadvice.org.uk/Documents/Advice%20factsheets/Prisoners/p-discrimination-in-prison.pdf

Doctors are 'failing to spot Asperger's ' . The failure in prisons to understand or recognized  behaviors of those with differences  leads to longer sentences and constant recall trap.
https://www.theguardian.com/lifeandstyle/2009/apr/12/autism-aspergers-girls?CMP=share_btn_fb

Prisoners' Rights
www.fishermeredith.co.uk/site/personal/police-prison-law-solicitors/prisoner-rights/
Represent prisoners in a range of areas. ... Cases linked to visiting rights; Disability (on grounds of race, disability or other ... The nature of your issue will determine the approach we take.http://www.fishermeredith.co.uk/site/personal/police-prison-law-solicitors/prisoner-rights/

Specialist Legal help for everyone
http://www.scope.org.uk/Support/Disabled-people/local-advice/Legal-help
http://www.gov.scot/resource/doc/346993/0115487.pdf


Expert witness work | Dyslexia Assessment & Consultancy
www.workingwithdyslexia.com/legal-services/expert-witness-work/
Advise legal professionals on guidelines for accommodations which should be made for dyslexic people in court, as specified in the Judge's Equal Treatment ...

Protecting human rights
http://www.fishermeredith.co.uk/site/personal/police-prison-law-solicitors/human-rights-issues/


Information book for prisoners with a disability
Notice areas absent IPP AND DISABLITY ALONG WITH HUMANS RIGHTS YOU HAVE TO QUESTION ?
http://www.prisonreformtrust.org.uk/Publications/Publicationcategories/Learningdisabilities

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