Award-winning criminal defence firm Olliers Solicitors has issued a stark warning to parents of autistic and neurodivergent children in Birmingham, highlighting an increasing risk of arrest or escalation during interactions with the criminal justice system. According to the firm, which regularly represents neurodivergent clients, misunderstandings at the earliest stages of police contact can quickly spiral out of control, especially when officers are unaware of a person's communication or sensory difficulties.
Understanding the Risks for Neurodivergent Youth
Autism fundamentally affects how individuals interpret the world and interact with others, often leading to struggles with social cues, eye contact, tone of voice, and unexpected changes in routine. Recent research underscores this vulnerability: a 2025 report from University College London found that approximately 80% of children cautioned or sentenced in the youth justice system have special educational needs, disabilities (SEND), or are neurodivergent—a rate far higher than in the general child population. Researchers attribute this disparity partly to communication difficulties and challenges with emotional regulation.
Laura Baumanis, a defence solicitor and Partner at Olliers Solicitors, emphasised that autism is a social communication difference. "This can lead to misunderstandings around communication, friendships, or inappropriate content," she explained. "Many autistic people are more socially isolated and may spend far more time online than their neurotypical peers, increasing exposure to risky situations, grooming, or illegal material." However, Olliers stresses that this does not mean autistic individuals are more likely to offend; rather, it can sometimes explain behaviour that appears unusual or naive to investigators.
Proactive Measures for Parents
To prevent their children from getting into situations that could lead to police contact, Olliers recommends several key strategies for parents:
- Establish clear rules about appropriate behaviour from a young age, particularly regarding obsessional interests.
- Explicitly explain what is illegal or inappropriate, especially in online contexts.
- Monitor online communities where young people spend significant amounts of time.
- Discuss consent and boundaries directly, rather than assuming they are understood.
- Teach coping strategies for uncomfortable or overwhelming situations, such as breathing techniques, stepping away, or asking for space.
What to Do If Police Contact Occurs
If a neurodivergent youngster is stopped by police, their behavioural differences can be misread as rudeness, aggression, or non-cooperation, leading to serious consequences. Laura Baumanis noted: "Behaviour that is completely consistent with autism can easily be interpreted as suspicious or non-compliant. Avoiding eye contact, taking longer to answer questions, appearing unemotional, lacking remorse, or becoming overwhelmed by noise or touch can all be mistaken for guilt or defiance." Once such misunderstandings take hold, the situation can escalate rapidly.
To mitigate these risks, parents can take practical steps during police encounters:
- Disclose neurodivergence early: Inform police immediately about any diagnosis or suspected condition to ensure reasonable adjustments are made.
- Ask for an appropriate adult: Young people and vulnerable adults have the right to have an appropriate adult present during interviews to ensure they understand the process.
- Request a calmer interview environment: Some police stations offer rooms designed to reduce anxiety and aid communication for vulnerable individuals.
- Consider voluntary interviews where possible: Solicitors may request questioning on a voluntary basis rather than under arrest, allowing time for preparation and reducing distress.
- Seek legal advice early: Early intervention can ensure vulnerabilities are properly documented and communicated to investigators or prosecutors.
Systemic Improvements and Ongoing Challenges
While Olliers acknowledges that the criminal justice system is improving, with some police officers and prosecutors becoming more aware of neurodivergence and willing to adapt procedures, inconsistencies remain. Understanding still varies widely across different parts of the system. Laura Baumanis concluded: "Greater awareness among police, lawyers, and the courts would make a huge difference in ensuring autistic individuals are treated fairly and not criminalised because of behaviours linked to their condition. Understanding how autism can be perceived by others—particularly in high-pressure situations—could help prevent life-changing legal consequences."
