Question to the Ministry of Justice:

To ask Her Majesty’s Government what arrangements are in place to identify whether a person recalled to custody has (1) a learning disability, and (2) an IQ of less than 80.

No specific screening is carried out by probation staff for low IQ or for learning disability. However, the Offender Assessment System (OASys) makes specific reference to whether learning difficulties have been disclosed; in addition, it invites the offender manager to consider whether there is any evidence of speech, language or communication difficulties, as well as how these might be addressed. Each offender on licence will also have a risk management plan and sentence plan, where any learning difficulties should be identified and considered.

During recall considerations, an offender manager must consider whether the offender’s behaviour indicates that they present an increased “risk of serious harm” (in terms of the OASys classifications) to the public or an imminent risk of further offences being committed. Recall must also be considered in cases where contact between the offender manager and the offender has broken down. Consideration may be given to the context and intent of the behaviour that breached the licence. Thus, the offender manager must consider whether the offender understood sufficiently the breached condition and its implications. Alternatively, the offender manager should consider whether the breach arose as a result of a lack of support. In considering these things, the offender manager should take into account learning difficulties, disabilities or a low IQ.

We plan to introduce the ‘Basic Custody Screening Tool’ (BCST) to all prisons in January as part of the Transforming Rehabilitation Programme. Once this has rolled out, all offenders entering custody, including all those recalled to custody, will be asked whether they have a learning difficulty or disability; and if so, to specify the nature of the difficulty or disability. The answers will inform their resettlement plan.