Children with SEND and care system involvement face greatest odds of criminalisation

Children with special educational needs and disabilities (SEND) who are also involved in the care system face the highest risk of criminalisation, according to new research analysing long-term outcomes for more than 1.7 million children in England.

The study, led by Dr Anna Leyland at Manchester Metropolitan University in collaboration with University of Sheffield, examined links between education, children’s social care and justice system involvement. Drawing on administrative data from the Department for Education and the Ministry of Justice, the research tracked children born between 1995 and 1998 up to age 25.

Published in Children and Youth Services Review, the findings reveal stark disparities. More than a quarter (28%) of children with SEND had received a criminal caution or conviction by age 25, compared with just 6% of children without SEND.

The risks were even greater for those who had both SEND and care system involvement, defined as having a social worker or care experience. Across nine of the 11 SEND categories analysed, children in this “crossover” group were significantly more likely to have contact with the criminal justice system than peers with SEND alone.

Dr Leyland said: “Our research shows that children in this crossover group, who have special educational needs and disabilities and who also have involvement with the care system, face significantly higher odds of criminal cautions or convictions.”

The study found the most pronounced risks among children with social, emotional and mental health (SEMH) needs. More than half of those with SEMH and care system involvement had received a caution or conviction, with a quarter going on to receive a custodial sentence.

Dr Leyland highlighted the complexity of this group, noting: “The risk is starkest for children with social, emotional, and mental health needs, a diverse category of SEND, with children who experience high rates of school exclusion, self-regulation challenges, and exposure to adversity.”

Elevated risks were also identified among children with speech, language and communication needs (SLCN). Those with care system involvement were twice as likely to have criminal justice contact compared to children with SLCN alone. Similarly, 32% of children with specific learning difficulties – such as dyslexia, dyscalculia and dyspraxia – who were involved in the care system had received a caution or conviction, compared with 12% of their peers without such involvement.

Despite being known to both education and welfare services, and formally recognised as having additional needs, these children continue to experience disproportionately poor outcomes in the criminal justice system.

The findings point to the need for earlier and more coordinated support. Researchers highlight the importance of multi-agency working, early intervention and diversion strategies to prevent vulnerable children from entering the justice system, recommendations that align with reforms proposed in the government’s SEND strategy.

While the authors note that further research is needed, the study adds to growing evidence that children at the intersection of SEND and care experience require more targeted and joined-up support to reduce their risk of criminalisation.