Monday 17 to Sunday 23 March 2025 marked Neurodiversity Celebration Week, a worldwide initiative that “challenges stereotypes and misconceptions about neurological differences.” What better time to highlight the January 2025 Family Justice Council (FJC) guidance for practitioners on neurodiversity, which aims to create a more inclusive family justice system and assist in improving equal access to justice?

In this article, paralegal Holly Hou summarises the key barriers and challenges neurodivergent individuals face as set out in the guidance and what adjustments practitioners can make to assist those individuals during family proceedings.

What is neurodiversity?

Neurodiversity refers to the natural differences in how individuals think, process information and organise their behaviour, and their ability to perform certain sensory-motor tasks. Common neurodivergent conditions include autism, ADHD, ADD, dyslexia, dyscalculia, dyspraxia and Tourette’s syndrome.

An estimated 15% of the population is neurodivergent, which is important for legal practitioners to bear in mind when advising clients and understanding families. The guidance addresses potential barriers to justice and considers best practices to improve recognition and accommodate neurodivergence within the family justice system. It aims to assist practitioners in identifying and meeting the needs of neurodivergent individuals and potential adjustments to reduce barriers to participation.

Why is it important for those in the family justice system to understand neurodivergence?

In the foreword to the guidance, the President of the Family Division, Sir Andrew McFarlane, notes: “It is clear that the failure to recognise and accommodate neurodivergence within the Family Justice System leads to parties, witnesses and children not being able to participate fully. Equal access to justice is fundamental to a functioning and fair system.”

The guidance identifies that failure to recognise and account for neurodivergence impacts children and families within the family justice system in two intertwined ways:

• when assessments are undertaken before, during and after proceedings, or as part of dispute resolution, and
• by creating barriers to participation in proceedings, which restricts access to justice and a fair trial.

Barriers and challenges faced by neurodivergent individuals

The guidance considers the available research, highlighting existing challenges and barriers neurodivergent individuals encounter in family proceedings. These include:

• misunderstandings, negative stereotypes and stigma. Views that neurodivergent individuals are more aggressive, relationship avoidant and lack empathy remain pervasive.
• communication differences. Some individuals have difficulty communicating verbally, processing questions or expressing themselves.
• engagement in proceedings. Lengthy proceedings and intense questioning may be distressing for these individuals.
• sensory sensitivities. Increased sensitivities to lights, sounds, touch and/or smells can be disruptive for neurodiverse individuals.

Identifying needs

To better understand and respond to neurodivergent individuals, the guidance recommends the application of the SPELL mneumonic framework, a “socially valid framework, developed initially for autism but which has been applied across other neurodivergent groups”. The mnemonic stands for: S – Structure; P – Positive attitudes, approaches and expectations; E – Empathy; L – Low arousal, and L – Links.

To support neurodivergent individuals, the guidance sets out the following by way of best practice:

• In every case, at the earliest stage, consider whether someone might be neurodivergent. Where there is an existing diagnosis, an assessment should be conducted to obtain any further information to understand that person’s needs, strengths and the barriers they might face. The guidance references the use of Toolkit 10 (para 2.2) within the Advocates Gateway and provides a list of questions that may help identify a person who may be neurodivergent. However, such resources do not act as a screening or diagnostic tool.
• Where necessary and where appropriate, seek further information from health/social services and friends and family. Obtain formal assessments of an individual’s diagnosis and communication needs from an intermediary.
• Consider what barriers the individuals might face in relation to the family justice system.

Making adjustments

The guidance states that practitioners should be mindful that any adjustments made should be tailored to the individual’s needs as opposed to any label or diagnosis. The guidance provides examples of adjustments that can enable the individual to engage in proceedings fully.

The three types of adjustments most commonly required are:

• Adjustments to communication, for instance, allowing additional time for responses or contacting the person by email instead of phone.
• Adjustments to the environment, for instance, removing a loudly ticking clock or adjust lighting.
• Adjustments to the structure and timing of different aspects of the process, for instance, the court day or client conferences.

Practitioners should further consider the adjustments required in each of the four scenarios, namely:

• away from court,
• at court generally,
• during court hearings, and
• when giving evidence.

Adjustments should be considered at the earliest stage of proceedings or the start of any pre-proceedings process. Where adjustments are required, they must be kept under review throughout the proceedings to ensure that they continue to meet the individual’s needs.

Conclusion

Partner Carly Kinch comments: “This new guidance provides an essential framework for practitioners to ensure that neurodivergent individuals are properly understood and effectively supported within the family justice system. It emphasises the consequences of failing to recognise and accommodate neurodiversity and the reasonable adjustments that can be implemented to improve access to justice. The ultimate impact of the guidance will depend on the extent to which it is widely and consistently adopted.”