Locked Out: Neurodivergence in the Criminal Justice System

In the first episode of Neurological Natters, host Alex, founder of Neurotopia CIC, is joined by her lifelong friend, Kate Alexander—a mental health nurse and psychotherapist with expertise in forensic psychology. Together, they explore the often overlooked and complex intersection between neurodivergence and the criminal justice system, questioning why so many neurodivergent individuals end up within its confines.

Neurodivergence in Prisons

The prison population presents some eye-opening statistics regarding neurodivergence, with nearly half of inmates estimated to be neurodivergent, diagnosed with conditions ranging from ADHD and autism to other neurodevelopmental and acquired neurological conditions. Kate, however, believes this figure could be much higher, particularly if broader neurodivergent experiences, such as personality disorders and PTSD, were included. “Neurodivergence covers such a vast range of conditions,” Kate explains, “and there’s no universally accepted definition of it. Every person’s brain is individual, shaped not only by birth but by life experiences, trauma, and environmental factors.”

Despite these high estimates, formal assessments are scarce, especially in prison settings, due to a lack of resources. “Getting a diagnosis requires a lot—clinical tests, history-gathering, and assessments with different professionals. Without that structure in prisons, these needs are simply missed or unrecognised,” she explains. Even for those with diagnoses, the scarcity of appropriate support and treatment creates further barriers to meaningful change.

Trauma and Neurodivergence

For neurodivergent individuals, trauma often becomes part of the story, adding layers of complexity to an already challenging life path. "Neurodivergent children, tragically, are more prone to experience trauma early in life. Whether it’s bullying, school exclusion, or social isolation, these experiences contribute to a cycle of trauma that often continues into adulthood," says Kate. For individuals with ADHD, for example, research indicates that up to 80% have experienced abuse or trauma, leaving them with additional emotional and psychological burdens that compound their struggles.

Autistic children, too, are at much higher risk of trauma than their neurotypical peers. Many neurodivergent children find themselves excluded or punished within educational and social systems that weren’t designed for them. “Our education, social, and justice systems expect children to operate within a neurotypical framework, which punishes those who don’t fit into that box,” Kate points out. "As a result, these children grow up feeling alienated, lonely, and ashamed of their differences."

Systemic Failures in Support

Kate recounts an example of a young girl experiencing anxiety at school, who struggled with needing frequent restroom breaks. Due to the school’s policy, she wasn’t allowed to leave the classroom without a doctor’s note, which ultimately led to an accident and intensified her anxiety. “It’s baffling that we’ve created policies requiring a doctor’s note for something as simple as going to the toilet,” Kate says. “Why are we making children jump through hoops for basic needs? Compassion often gets lost in these rigid systems.”

Such barriers often lead to repeated exclusions, creating a sense of shame that can be nearly impossible to overcome. "Children like her face a system designed to shame rather than support, creating a lasting impact on their self-worth and mental health," Kate says, clearly frustrated by the systemic failings she’s witnessed.

Neurodivergence and Self-Medication

A lack of proper mental health support leads many neurodivergent individuals to self-medicate as a coping mechanism for untreated symptoms. “Self-medicating can seem helpful in the short term, but it often spirals into addiction and risky behaviours,” Kate explains. “For some, substances help mask the symptoms of anxiety or ADHD temporarily, but it’s a coping mechanism that comes with life-changing consequences.”

The frequent overlap between neurodivergence and substance use is a consequence of trying to adapt to an unsupportive world. As Kate notes, people self-medicate to function in a society that isn’t designed to accommodate them. “If you’re constantly misunderstood and lack the support you need, it’s only natural to seek relief wherever you can find it.”

Barriers to Accessing Help

One of the hardest aspects of neurodivergence, Kate points out, is that accessing help often requires skills that neurodivergent people struggle with. She uses a vivid metaphor: “It’s like telling someone who needs a wheelchair that it’s waiting for them on the top floor, but they have to climb the stairs to get it.” This analogy captures the frustration, highlighting how those who need support are often expected to navigate complex and inaccessible systems to obtain it.

Even those with resources face barriers. Private assessments may be available, but they come with a high price tag. Kate observes, “There’s a sense of shame when someone has to pay to access the help they desperately need, and even then, the journey is filled with obstacles.” This injustice leaves those without financial means stuck on lengthy waiting lists, denied the timely support that could make all the difference.

The Dark Side

A recent study reveals that 66% of autistic adults have experienced suicidal thoughts, and 35% have attempted suicide. For those undiagnosed, the risk increases significantly, a terrifying statistic, Kate agrees, noting that the feeling of being unsupported and misunderstood creates a mental burden that can lead to hopelessness. Neurodivergent individuals who never receive support often internalise their struggles, leading to lifelong feelings of inadequacy and isolation.

Compassion as a Solution

Reflecting on a conversation she once had with a paramedic, Kate recalls his frustration with handling mental health crises without enough training. “What would be helpful?” he asked. Kate’s answer was simple: kindness. “If someone’s in distress, whether it’s from a mental health issue, neurodivergence, or just being overwhelmed, the best thing you can do is to show compassion. Sometimes, just being present and showing you care is enough to calm the situation.”

This emphasis on kindness resonates throughout Kate’s philosophy. "People are often so focused on risks and reactions that they forget the humanity in front of them. Sometimes, the only thing you can do is listen and be there. And that, in itself, is powerful."

A Path Forward

There is an urgent need for neurodivergent-led initiatives in designing support frameworks. Indeed, the people best suited to shape neurodivergent support systems are neurodivergent individuals themselves. Only by bringing neurodivergent voices into the conversation, society can build systems that are inclusive and accessible to all.

Kate believes that implementing peer-driven adaptations and accommodations would benefit not just neurodivergent people but everyone. “If we start putting these measures in place now, we can change the path for future generations. Inclusivity benefits society as a whole, not just a select few.”

The Cost of Ignorance

Closing with a final thought, Kate reflects on the broader implications of ignoring neurodivergent needs. “When I think about people in prison, I wonder how many of them are there because they never received the support they needed. Neurodiversity is part of our community, but our systems treat it like a problem to be managed, rather than an aspect of humanity that needs understanding and compassion.”

By rethinking our approach to neurodivergence, society can create a more compassionate and inclusive future, breaking the cycles of exclusion, trauma, and criminalisation that affect so many neurodivergent individuals today.

Listen to the full episode here

Special thanks to Dominic Clayton for providing some of the fantastic photos featured in this blog post