ADHD: Impact on Prison Rehabilitation and Reoffending

Debate between Tessa Munt and Nicholas Dakin

Tuesday 1st July 2025 Westminster Hall

[The Parliamentary Under-Secretary of State for Justice (Sir Nicholas Dakin)]

It is a complete joy to serve when you chair, Mr Dowd, and a pleasure to respond to the contribution made by the hon. Member for Wells and Mendip Hills (Tessa Munt) to set out this very important matter. I will do my best to answer her eight questions.

I thank all Members, on both sides of the Chamber, for their considered contributions to today’s debate. This has been a measured and helpful discussion underscoring the importance of recognising and responding to the needs of neurodivergent offenders, including those with attention deficit hyperactivity disorder. There is a huge prevalence of neurodiversity in our prisons: studies have estimated that at least half of the offenders in our jails have some kind of neurodivergent need, though the figure is likely to be even higher, with about a quarter of prisoners thought to meet the ADHD diagnostic criteria. As the hon. Member for Wells and Mendip Hills said, NICE calculates that figure as up to 25%, including 41% of women. As the inspectorates have highlighted, for these offenders prison can be particularly difficult and distressing, leading to challenging behaviour that could result in their being unnecessarily sanctioned or disciplined.

Prison is rightly first and foremost a punishment, but it must also reduce reoffending. Offenders deserve the opportunity to turn their lives around so that they can play their full part in society on release. We need to make better citizens, not better criminals. Above all, we want to ensure that every offender gets the rehabilitation they need to protect the public. That relies on ADHD and other neurodivergent needs being picked up quickly, and on offenders getting the support that they need so that they can engage with support, treatment and education. There is a great deal of good work already under way.

I will answer the questions asked by the hon. Member for Wells and Mendip Hills. On what measures are currently in place and what we plan to offer in way of support and continuity of care to neurodiverse prisoners on their release, my hon. Friend the Member for Wolverhampton West (Warinder Juss) rightly identified the key role of probation. There is guidance and training for probation staff to help them to understand ADHD, how needs can look different for different individuals, and that some needs are not visible. Probation staff are skilled at taking a strength-based approach in assessments for pre-sentence reports and sentence plans. Together, that can help our practitioners to adapt the work they do with offenders, whether that is in a one-to-one context, such as supervision appointments, in group settings in a behaviour programme, or in unpaid work placements.

In addition, the Probation Service has commissioned neurodiversity specialists in five probation regions: Yorkshire and the Humber, the north-west, the west midlands, the south-west, and Wales. Those services offer direct support to people who are diagnosed with or suspected to have a neurodivergent condition; supporting engagement with their orders or licences, they provide briefings to probation staff designed to help them to identify factors that may be related to neurodivergent conditions, and give guidance on how best to support the rehabilitation of these individuals.

The hon. Member for Wells and Mendip Hills asked about neurodiversity support managers. We have neurodiversity support managers in all our public prisons, and they have a whole-prison approach to neurodiversity. That includes: improving processes to identify and support prisoners with neurodivergent needs; providing training and guidance for prison staff; and ensuring that neurodivergent prisoners can access education, skills and work opportunities within the prison.

Neurodiversity support managers also ensure that reasonable adjustments are made to prison environments to make them more supportive of neurodivergent needs. They are frequently recognised in His Majesty’s Inspectorate of Prisons reports for their positive impact in prisons, with recent reports from HMP Kirklevington Grange and HMP Warren Hill highlighting their support for prisoners as an example of good practice.

The 2021 joint inspectorate neurodiversity review of evidence, which the hon. Member for Wells and Mendip Hills cited in detail, suggested that at least 50% of prisoners have a neurodivergent need, although many will not be diagnosed. In response to the review, the previous Government published a cross-Government neurodiversity action plan in July 2022, with updates in the January and September of 2023. I am pleased to tell hon. Members that we will publish a final update to the action plan later this year, which will respond directly to the joint inspectorate’s report and set out a cross-system strategy to further improve outcomes for neurodivergent people, building on the vital work of the ADHD taskforce.

I welcome the publication of the ADHD taskforce’s interim report. It is a timely and important piece of work that outlines the systemic challenges in ADHD services across the country and sets out both short and long-term recommendations to improve support for people with ADHD. Many contributions made by Members highlighted the issues in other services, which is why the report is important. I am grateful to colleagues across Departments who have worked collaboratively to shape the recommendations.

The report rightly makes clear that no single Department can resolve the challenges alone. ADHD, when left unsupported, can lead to a cascade of negative outcomes: school exclusion, unemployment, substance misuse, involvement in crime, and, tragically, sometimes suicide. We will continue to work with the taskforce and together across Government to achieve the report’s aims.

In youth justice, youth offending teams are increasingly tailoring interventions to children’s specific needs, including those with neurodiverse conditions, with 95% of practitioners reporting that assessments and planning now take into account individual vulnerabilities. Where children are detained in youth custody, all children receive a comprehensive health assessment that screens for a range of needs, including mental health and neurodiversity when they first arrive. All education providers across the three public young offender institutions also have a special educational needs co-ordinator who, in collaboration with NHS England, conducts assessments for children who may have undiagnosed needs, including ADHD. We are having a roundtable later today with education providers to look at alternative education providers outside of the youth justice estate to look at ways of bringing their expertise into the youth custody system so that we can learn from others and improve the way we do business in the youth custody service.

The hon. Member for Wokingham (Clive Jones) drew attention to focusing on and analysing needs. His Majesty’s Prison and Probation Service takes a needs-led approach to supporting people in prison, including those with ADHD. This ensures that needs are identified as early as possible so that appropriate reasonable adjustments and support are provided throughout custody. To improve current screening processes, HMPPS is procuring a new needs assessment tool. I am pleased to confirm that Do-IT Solutions has been awarded the contract for this tool, which will be introduced as part of the new prisoner education service. The tool will identify individual strengths and additional learning needs, including those associated with autism spectrum conditions and ADHD.

[Tessa Munt]

Will the tool be used for every entrant to the prison estate or is it for those who might be suspected of having some sort of neurodiversity?

[Sir Nicholas Dakin]

My understanding is that it will be, but I will write to the hon. Lady to confirm the details.

To pick up on the point made by the hon. Member for Upper Bann (Carla Lockhart), data on prisoners with ADHD may be held locally by prison healthcare providers, but is not held centrally by NHS England. Where it is known, 55% of prisoners who took an initial assessment via the prison education service and then enrolled on a course had a learning difficulty or disability. We continue to work to improve our data collection and information sharing. This includes plans to integrate screening results and any information relating to additional need into digital learning and work plans to support prisoners’ education, skills and work progress through custody. But this area needs more work.

On the issue of women, the Prisons Minister in the other place, Lord Timpson, leads on the Women’s Justice Board—indeed, he chairs it. It is a passionate area of interest for him and the Lord Chancellor. I will write to Lord Timpson to flag the issue of ADHD, but I am sure it is already on his radar and in his work plan. If it is not, it will be soon. There is a neurodiversity support manager in every female prison and they have all had specific training on women with ADHD.

Mr Speaker, I am grateful once again to the right hon. and hon. Members who have contributed to the debate, particularly the hon. Member for Wells and Mendip Hills, who led it. I am very happy to meet her at a later date to further explore the matter. As the ADHD taskforce has rightly pointed out in its interim report,

“ADHD, when unsupported, is a potent route into educational failure, long-term unemployment, crime, substance misuse, suicide, mental and physical illness.”

We have made significant progress to support neurodiverse people in the criminal justice system, including those with ADHD, but there is still much more to do, which is why this debate and the interest and commitment of the hon. Lady and other hon. Members is so valuable and helpful to all of us. I look forward to continuing to work with the taskforce and colleagues across Government to ensure that neurodiverse offenders are given the support they need to turn their backs on crime for good.

Criminal Justice

Debate between Tessa Munt and Nicholas Dakin

Wednesday 25th June 2025 Commons Chamber

[Sir Nicholas Dakin]

As the hon. Gentleman will understand, the budget is being applied and worked through in an appropriate way, but the figures I have just given are the figures on which we will deliver, so he can be confident about that.

While this investment is necessary, it is not sufficient on its own, so to address these challenges and ensure that our prisons create better citizens, not better criminals, the Lord Chancellor commissioned the independent sentencing review, chaired by the right hon. David Gauke. As the Lord Chancellor announced in May following David Gauke’s findings, we will be introducing an earned progression model based on a three-part sentence. On this model, offenders’ release points will be determined by their behaviour. If they follow prison rules, they will earn earlier release; if they do not, they will be locked up for longer. However, that will not be true for all offenders. For those currently serving extended determinate sentences with an automatic release point of 67%—it is different for people with earlier releases; we will leave that as it is.

In the second part of the progression model, offenders will enter a period of intensive supervision. That will see more offenders tagged and under close supervision by the Probation Service. The supervision will be tailored according to each offender’s risk and crime type, and bolstered beyond the current system with a set of new restrictive measures and a major ramp-up in tagging and probation investment. In the third part, offenders will be monitored in the community by the Probation Service, and can be returned to prison if they breach their conditions.

Alongside the progression model, we are also taking forward the recommendations to introduce a presumption to suspend short sentences. We will be investing in this model and intensive supervision by significantly increasing our probation funding through the spending review settlement. I welcomed the comments of my hon. Friend the Member for Amber Valley (Linsey Farnsworth), and also what was said about the contribution of third sector organisations by my hon. Friends the Members for Bournemouth East (Tom Hayes) and for Rugby (John Slinger). Our additional investment will increase up to £700 million by 2028-29, allowing us to increase substantially the number of offenders on tags and to ensure investment in services that address the drivers of offending.

[Tessa Munt]

Following the Leveson report, will there be capacity for more funding for his recommendations?

[Sir Nicholas Dakin]

We await the Leveson report, and when it arrives the Lord Chancellor will update the House. Matters such as that will be rightly dealt with then.

On efficiencies, the spending review has given the Department a settlement, and the Department will ensure that it is good value for money by applying all the appropriate methods.

This Government inherited a system that was creaking under pressure, having suffered chronic underfunding for 14 years. The Justice Committee rightly pointed out that by 2016-17 the day-to-day budget of the Department had fallen by a third in real terms from its peak in 2007-08. That is why we are delivering the ambitious, once-in-a-generation reform of the justice system that the country needs, with public safety at its core.

Oral Answers to Questions

Debate between Tessa Munt and Nicholas Dakin

Tuesday 3rd June 2025 Commons Chamber

[Tessa Munt (Wells and Mendip Hills) (LD)]

17. What assessment she has made of the potential implications for her policies of the third report of the Justice Committee of Session 2022-23 on IPP sentences, HC 266, published on 22 September 2022.

[The Parliamentary Under-Secretary of State for Justice (Sir Nicholas Dakin)]

We continue to support IPP offenders through our updated action plan, which contributed to a 9% decrease in IPP offenders in prison in the last year, but we will not put public protection at risk. The Prisons Minister in the other place and I continue to meet regularly with MPs, peers and other stakeholders to work together on supporting this cohort.

[Tessa Munt]

It is 12 and a half years since IPP sentences were described as “not defensible” and were abolished for offenders, but 2,852 people remain incarcerated under these sentences—just 74 fewer than in June 2022. When the Justice Committee reported in 2022, its key recommendation was that the Government legislate to enable a resentencing exercise for these individuals. Will the Minister please set up an expert committee to at least advise on how to bring forward a resentencing exercise urgently?

[Sir Nicholas Dakin]

It is right and proper that IPP sentences were abolished. Various organisations have considered resentencing. None of them has identified an approach that would not involve releasing offenders whom the Parole Board has determined pose too great a risk to the public. We do not wish to give false hope to those serving the sentence by establishing an expert panel, but we will continue to work robustly with this group and do everything in our power to address the problem that we recognise.

Oral Answers to Questions

Debate between Tessa Munt and Nicholas Dakin

Tuesday 5th November 2024 Commons Chamber

[Sir Nicholas Dakin]

My hon. Friend, the Chair of the Justice Committee, identifies a subject that might well be useful for his Committee to examine.

[Tessa Munt (Wells and Mendip Hills) (LD)]

A young person I know was involved in an incident at 16. Can the Minister assure me that, because delays to going through the youth justice system have meant that that young person has not had the case adjudicated, that young person will not be adjudged an adult if they pass their 18th birthday when a conclusion is reached?

[Sir Nicholas Dakin]

The hon. Member draws attention to an issue. If she would like to write to me about that particular incident, I will write back to her.

Debt Management Plans

Debate between Tessa Munt and Nicholas Dakin

Tuesday 5th July 2011 Westminster Hall

[Nic Dakin]

That is a good point. We certainly need more in the system than is there. Other examples of bad practice include: failure to pass on payments to a client’s creditors; ignoring priority debts, such as mortgage or rent, fuel, and council tax, which involve the ultimate sanction of loss of home, fuel supply or even liberty; and excessive charges for debt management services. All such practices have occurred.

[Tessa Munt (Wells) (LD)]

I have been consulted by a debt management company in my constituency. The gentleman who runs that company said that, if I wanted to become a bailiff, he could probably make me one by next Monday morning, because the legislation on, and control over, the bailiff system is sadly adrift from what it should be, and an awful lot of bailiffs do not act as they should. Does the hon. Gentleman agree that the legislation needs to be tightened up, so that it gives some sort of scrutiny of the process?

[Nic Dakin]

The hon. Lady makes a good point which, in a sense, underlines that made by the hon. Member for North Swindon (Justin Tomlinson) about the need for tighter regulation, or a tighter quality mark, in this area generally. Recent research by the Association of Business Recovery Professionals has confirmed worries about a lack of impartial advice, insufficient information about fees, and agreement of too many debt management plans that were always going to be unworkable.