I’m a criminal defence solicitor – here’s what Birmingham parents of autistic children need to know about keeping them out of legal trouble

Award-winning criminal defence firm Olliers Solicitors - who regularly represent neurodivergent clients - say misunderstandings at the earliest stage of police contact can quickly spiral, particularly when officers are unaware a person may have communication or sensory difficulties.

Autism affects how people interpret the world and interact with others. Many autistic people struggle with social cues, eye contact, tone of voice and unexpected changes in routine.

Recent research suggests neurodivergent children are already disproportionately represented in the justice system.

A 2025 report from University College London found that around 80% of children cautioned or sentenced in the youth justice system have special educational needs, disabilities (SEND) or are neurodivergent – far higher than in the general child population. Researchers linked this disparity partly to communication difficulties and challenges with emotional regulation.

Laura Baumanis - a defence solicitor and Partner at Olliers Solicitors - said: “Autism is fundamentally a social communication difference, meaning some people struggle to understand social boundaries or relationships online. This can lead to misunderstandings around communication, friendships or inappropriate content.

“Many autistic people are also more socially isolated and may spend far more time online than their neurotypical peers, increasing exposure to risky situations, grooming or illegal material.”

Olliers stresses that this does not mean autistic people are more likely to offend, but it can sometimes explain behaviour that appears unusual or naive to investigators.

Olliers says there are measures that parents can take to prevent their children getting into situations which would put them into contact with police.

These include:

• Making clear rules about appropriate behaviour from a young age, particularly around obsessional interests
• Clearly explaining what is illegal or inappropriate - particularly online
• Monitoring online communities where young people spend large amounts of time
• Discussing consent and boundaries explicitly rather than assuming they are understood
• Teach coping strategies if a situation feels uncomfortable or overwhelming (breathing, stepping away, asking for space)

Laura explained that if the worst does happen and a neurodivergent youngster is stopped by police then their behavioural differences can be misread as rudeness, aggression or refusal to cooperate. And warned that this can have serious consequences.

Laura said: “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 that misunderstanding takes hold, the situation can escalate very quickly.”

Parents can take practical steps to reduce the risk of misunderstandings if their child ever has contact with police.

1. Disclose neurodivergence early

If a young person is stopped or arrested, informing police immediately about any diagnosis or suspected condition can help ensure reasonable adjustments are made.

2. Ask for an appropriate adult

Young people and vulnerable adults have the right to have an appropriate adult present during police interviews to ensure they understand the process.

3. Request a calmer interview environment

Interviews can sometimes take place in rooms which are designed to reduce anxiety and help vulnerable people communicate more effectively.

4. Consider voluntary interviews where possible

Where appropriate, solicitors may request questioning takes place voluntarily rather than under arrest, giving individuals time to prepare and reducing distress.

5. Seek legal advice early

Early legal advice can make a significant difference in ensuring vulnerabilities are properly documented and communicated to investigators or prosecutors.

Olliers say that the system is improving, but inconsistencies remain. They say that some police officers and prosecutors are increasingly aware of neurodivergence and willing to adapt procedures. However, understanding still varies widely across the criminal justice system.

Laura said: “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.”

For more advice see https://www.olliers.com/.