Tracy Climpson is an advocate for greater awareness of the communication requirements of people in the justice system affected by brain injury.
This is partly driven by her experience working in the Criminal and Family Courts in England and Wales as a HMCTS approved, non-registered intermediary since 2020.
But it is also driven by her own experiences caring for a daughter, now grown up, who had a stroke aged 13. Although she subsequently made a good recovery, many of the challenges she has faced in her life are common to many others affected by brain injuries.
They include problems with speech, becoming disproportionately upset or laughing in serious situations, and memory lapses leading to confabulation, where a person’s brain creates a new truth to fill in the missing gaps without intending to deceive anyone.
According to research carried out for HM Inspectorate of Probation in 2021, the prevalence of traumatic brain injury (TBI) among the prison population is believed to be 60% with 15% of cases moderate to severe. This contrasts with the general population where the prevalence is estimated to be in the region of 8-12% with 2% of cases moderate to severe.
The report produced by Hope Kent and Professor Huw Williams called for action to be taken to help combat the disproportionate representation of people with TBI in the criminal justice system.
Their report stated that “earlier intervention and diversion away from the criminal justice system must be a goal for the future management of TBI.
“Public health approaches to address the ‘causes of the causes’ of crime are critical, and school exclusion is likely to be a key intercept point in these models.
“Multidisciplinary working between healthcare, education, criminal justice, and social care systems will help to facilitate this.”
The report went on to suggest that greater levels of support within the justice system could result in several positive outcomes including improving life chances after release from custody, preventing future ‘revolving door’ reoffending and reducing the human and economic cost of crime.
Tracy believes that a further positive step would be to enhance the training available to legal professionals.
Tracy says: “There isn’t an Advocate Gateway’s Toolkit for brain injury, although there is one specifically for autism, learning disability and mental illness.
“As with other toolkits, one covering brain injury would provide advocates with general good practice guidance when preparing for trial in cases involving a witness or a defendant with communication needs.”
Based on her professional and personal experience, Tracy says there are a few important considerations that would benefit those impacted by brain injury who find themselves in the justice system. They include:
- Treat every person as an individual and understand that a one-size fits all approach to someone with a brain injury isn’t suitable.
- Avoid impatience and be willing to allow extra time for people to answer questions.
- Non-verbal communication can often help with someone’s understanding, for example a drawing or hand gesture.
- Visual aids can also often help meet someone’s communication needs.
- Fatigue and issues such as bladder control can be an issue, so consider sitting for shorter sessions in court.
- Support with emotional regulation can also be invaluable in ensuring a person is not disadvantaged.
- Avoid unconscious bias.
Tracy adds: “It is clear from the data available that the prevalence of brain injuries among those in the justice system is considerable, so any further progress, whether in terms of a dedicated toolkit or training for those working in the justice system, can only be a good thing.”