Supporting neurodiversity: Breaking down barriers to success in the family justice system

New Family Justice Council Guidance for practitioners on neurodiversity in the family justice system.

On 25 January 2025, the Family Justice Council (“FJC”) released new guidance for practitioners in the family justice system. This guidance highlights the importance of supporting neurodiverse people within that system, to ensure fuller participation and equal access to justice.

Family law practitioners are already vigilant about identifying whether a client or party to proceedings might be classed as vulnerable, but this guidance arguably signals an awareness by the FJC that neurodiverse people may be categorised as vulnerable by virtue of the way in which the justice system is structured around the needs of ‘neurotypical’ individuals.

What is neurodiversity?

‘Neurodivergence’ is an umbrella term used to describe a difference in the way in which a person’s brain may work in comparison to what is considered ‘typical’. The most common neurodiversity includes Autism Spectrum Disorder (“ASD”), Attention Deficit Hyperactivity Disorder (“ADHD”), Dyslexia, Dyscalculia, Tourette’s Syndrome, Dyspraxia and Dysgraphia.

Crucially, neurodivergence is expressed in different ways, and a neurodivergent person may not ‘present’ as neurodivergent in any perceivable way. Neurodiverse people may also choose not to disclose their difference.

Neurodivergence continues to be under diagnosed, particularly among women and other minoritised groups, and evidence shows that neurodivergence is also overrepresented among court users.

How might court proceedings be difficult for a neurodiverse party?

Neurodiverse people often use ‘masking’ to navigate daily life, meaning that they alter their outward behaviour to fit societal expectations. This ‘masking’ can be exhausting and emotionally challenging, especially during legal proceedings, and can add an additional layer of stress to an already demanding process.

While neurodiversity is a spectrum and no ‘one size fits all’, the FJC guidance has identified ‘key themes’ that might impact neurodiverse people.

Misunderstanding, stereotypes and stigma – these can be mitigated through increased understanding, empathy and awareness.

Communication – the communication needs of neurodivergent individuals will differ from those who are neurotypical. As an example, for some neurodiverse people, the use of written and visual forms of communication might be a helpful replacement for spoken word, which they might find overwhelming. 

Social interaction and presentation – some neurodiverse people might find certain social norms difficult to navigate – for example, they may have challenges in connection with maintaining eye contact, respecting social hierarchies and turn-taking in conversations.

Anxiety – there is evidence suggesting anxiety is common among neurodiverse people and so it would not be surprising to find that anxiety could be heightened by the stress of court proceedings.

Engagement in proceedings – neurodiverse people may process information differently, meaning that open questions and lengthy proceedings could present extra challenges.

Needs around predictability – some neurodiverse people prefer or need certainty, familiarity and rule-based systems, meaning that the unfamiliar family court process could present extra challenges.

Sensory issues – neurodiverse people can be highly sensitive to sensory input, and so the environment could present challenges of both distraction and mental processing.

What support could I request from my family law practitioner as a neurodiverse person?

The new guidance explores many possibly adjustments which could be made to assist a neurodiverse person facing barriers in relation to the family justice system.  Some of these potential adjustments are explored in more detail below.

Structure and communication

Your family law practitioner should help you to explore your communication preferences and the ways in which you can be supported to handle any time-sensitive information requests, including the use of timetables, lists, or visual aids.

Timings  and methods of communication 

Your family law practitioner should be made aware of any times of day which are better for you and whether you have any communication preferences, (such as emails rather than face-to-face meetings).  

Stressors and environment

You should talk to your family law practitioner about environmental triggers, sensory stressors and any accommodations that they might be able to support you on. Common adjustments include bringing a family member along to meetings, taking regular breaks, making quiet spaces available for respite during proceedings or setting up screens to reduce the potential for distractions. 

In summary

The development of this new best practice guidance highlights that the family court system is aware of the need to make adjustments for neurodiverse people in order to provide equal participation for all parties. The full FJC guidance can be found here.

Mills & Reeve is well known for how we treat our people. Our Ability’ staff network helps provide support to our people who may have additional needs and to raise awareness.  We’re serious about continuously developing our culture and policies and we’re also a Disability Confident Employer.

We also care about meeting the accessibility needs of  clients and everyone we work with. If you're facing a family law issue, contact a member of our family and children team.

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