Disabled victims face hurdles at every step of the justice process, Victims’ Commissioner review finds

• Disabled victims report feeling disbelieved, dismissed, and see crimes against them minimised.
• Systemic barriers can cause victims to feel excluded and disengage from the justice system, prompting calls for criminal justice agencies to introduce ‘accessibility checks’.
• Baroness Newlove: “For too many Disabled victims, the justice system itself is the biggest obstacle to securing justice.”

The criminal justice system is all too often failing Disabled victims, according to a new independent review commissioned by the Victims’ Commissioner.

The research, published to coincide with National Inclusion Week, reveals that those working in the criminal justice system often lack the necessary training and awareness to meet the needs of Disabled victims, while victims also face significant practical barriers, from delays in securing interpreters and intermediaries to inaccessible courtrooms.

Many Disabled victims also report feeling dismissed or disbelieved when they come forward, leaving them less likely to engage with police again and potentially fuelling a cycle of under-reporting. This is particularly concerning as existing research suggests that Disabled victims are more likely to have crimes committed against them.

Commissioned by the Victims’ Commissioner and endorsed by leading disability charities, Dr Leah Burch’s review draws together existing literature from UK and overseas studies to provide a comprehensive overview of Disabled victims’ experiences.

It follows Baroness Newlove’s landmark victim survey, in which Disabled victims reported markedly poorer experiences of the criminal justice system, and comes as recent Crime Survey for England and Wales data highlighted lower confidence in the effectiveness and fairness of the criminal justice system among Disabled people.

The review, which is endorsed by leading groups like Disability Rights UK and Stay Safe East, found:

• Criminal justice professionals often lack the knowledge and skills to effectively support Disabled victims.
• Early interactions with police are often inaccessible for Disabled victims: delays in securing intermediaries, for example, can undermine their ability to be heard and give accurate evidence.
• Being questioned in court can be retraumatising for neurodivergent victims due to a lack of adjustments or support. Courtrooms can also be poorly adapted for those with physical disabilities.
• Victims report feeling dismissed, describe having their credibility questioned and offences recorded as less serious crimes.

Commenting on the review and its findings, the Victims’ Commissioner for England and Wales, Baroness Newlove, said:

“This review validates the experiences shared with me in my victim survey and reveals an uncomfortable truth: too often, Disabled victims are confronted by impenetrable systems, inflexible procedures, and dismissive attitudes that block their path to justice.

“From the struggle to secure an interpreter for an interview, to the challenge of navigating an inaccessible courtroom, these obstacles often leave them feeling doubted, disbelieved, and dismissed.”

The review found that reporting systems are often inaccessible for deaf victims. Many struggle with phone-based reporting – forcing them to rely on friends or family – and face long waits for interpreters.

These long waits extended to intermediaries. In one case, a sexual violence survivor’s three-month wait for an intermediary caused such distress and compromised the quality of her evidence that police did not pursue the case.

Neurodivergent victims described being overwhelmed by too much information at once or, conversely, being handed written materials with no chance to ask questions.

The review recommends improved training for all criminal justice professionals, from police officers to court staff, to better meet the needs of Disabled victims, and regular accessibility audits that identify and reduce barriers at every stage of the justice process, from reporting a crime to attending court.

Baroness Newlove added:

“For too many Disabled victims, the justice system itself is the biggest obstacle to securing justice. It shouldn’t be this way – and it doesn’t have to be. I urge justice leaders to carefully consider this report’s findings and ensure every stage of the justice process is truly open to all.”

Dr Leah Burch, the lead author of the review, said:

“Disabled people are both more likely to experience crime and have disproportionately negative experiences of criminal justice systems compared to non-disabled people. This review explores international research on Disabled people’s experiences of criminal justice systems, outlining some of the key barriers and proposing a series of recommendations to address these. It is vital to better understand the challenges experienced by Disabled victims of crime in order to create criminal justice systems that are more accessible and effective for all.”

Fazilet Hadi, Head of Policy at Disability Rights UK, a leading disability charity, said:

 “Disabled people face discrimination, barriers and lack of support in all aspects of our lives. The challenges we face with the Criminal Justice System are not sufficiently discussed; despite the damaging consequences they have on our lives. This report puts a spotlight on the profound injustices that exist and acts as a call to action.”

Angie Airlie, CEO at Stay Safe East, a leading charity supporting Disabled victims and survivors, said:

“Justice often seems an unattainable concept for us as Disabled people, given the barriers that we experience within the criminal justice system. Reasonable adjustments are not being put in place, communications needs are not being met, and victims are confronted by incomprehensible processes, which seem to drag on interminably.

Our hope at Stay Safe East is that Dr Burch’s research kickstarts a systems change that ensures that consideration of the needs of Disabled victims is embedded at all stages of the CJS. This needs to start with awareness training for all professionals involved. Justice should be a human right and not a luxury.”

• The review in full can be found here.
• Findings from the Victims’ Commissioner’s 2023 Victim Survey can be found here.
• The Crime Survey for England and Wales data release can be found here.
• A recent HMICFRS report looking at police recording of crime highlighted a failure to capture protected characteristics, such as disability, raising concerns that the experiences of these groups go unnoticed.