In our family team all colleagues have received training from Autism Anglia in relation to neurodiversity and how we can best service clients who may have a neurodiversity diagnosis, or may be undiagnosed. As a result of this training, we have made adaptions to our website, with a page specific for neurodiverse individuals. We can also adapt our environment and the way that we provide advice to our neurodiverse clients. We are also mindful of how to communicate with the neurodiverse individual who is a litigant in person in order to achieve the best possible outcome for our client. Our training has been hugely beneficial for being able to provide advice to clients who have neurodiverse children, many of whom often have complex needs. We have found that this greatly benefits our offering to clients and the outcomes in relation to their cases.
How does neurodiversity fit into the Family Justice system?
A great deal of research has been undertaken in the last few years in relation to the impact that the family justice system has on the neurodiverse individual. ‘Research which looked at legal professionals’ knowledge and experience of autistic adults in the family justice system suggests that there is a lack of confidence amongst legal professionals, in working with autistic adults. It is noted that the positive effect that training and personal and professional experience of autistic adults can have an increase in the professional’s confidence and in ensuring effective access to justice.’ (Quote taken from Guidance on Neurodiversity in the Family Justice System for practitioners).
The recent case of D v E (Parent with autism) (2020), demonstrated how one Judge, HHJ Middleton-Roy, gave a useful overview of how to best to approach cases involving a parent with autism spectrum disorder (ASD), and the reasonable adjustments that may need to be made. The Judge in this case took a view that the mother’s diagnosis of ASD was highly significant in this case, despite it being described upon diagnosis as ‘mild’, and that many of the features of the mother’s presentation were in fact features of this diagnosis. As a result, an expert was appointed with specialism in ASD, and the evidence provided by the expert, dramatically changed the outcome of this case. The Judge gave a comprehensive overview of the difficulties that a parent with ASD may experience and how the court system could be adapted.
Over the last few years, the Family Justice Council Working Group has been gathering evidence to produce some guidance for practitioners and this was released in January 2025. The guidance provides extensive detail of definitions and terminology for neurodivergent conditions, such as Autism, ADHD, ADD, dyslexia, dyscalculia, development conditional disorder, dysgraphia, and Tourette’s syndrome. A short summary is provided as to ‘perceived strengths of each.’ The guidance also very helpfully provides details in relation to misunderstandings, stereotypes and stigmas, how best to communicate with the neurodiverse person, how individuals may present socially, how anxiety can have a significant impact on the neurodiverse individual and how litigation can be challenging for the neurodiverse person.
Practical advice is provided in relation to how the sensory system can be impacted by stressful situations and what adjustments should be made to support the neurodiverse individual. Guidance is provided that where appropriate, an intermediary can be appointed to assist an individual in Court Proceedings. An intermediary is a person whose function is to communicate questions put to a witness or party, communicate to any person asking such questions the answers given by the witness or party and reply to them, and to explain questions and answers so far as is necessary to enable them to be understood. The guidance sets out the importance of intermediaries and the ability to access them, which may be relevant where an autistic individual is required to attend court.
The guidance sets out a list of questions that could be posed to a client or witness to best support them, where it is suspected that they may be neurodiverse. The guidance highlights that the outcome does not indicate a diagnosis or a need for a diagnosis’ but is provided in order to help practitioners.
Possibly one of the most helpful parts of the guidance is towards the end. It sets out what adjustments are needed to overcome barriers that the autistic individual may face.
‘The three types of adjustments that are most commonly needed are;
- Adjustments to communication
- Adjustments to the environment
- Adjustments to the structure and timing of different aspects of the process, for instance the court date or client conferences.
The adjustments needed should be broken into four scenarios:
- Adjustments required away from court
- Adjustments required at court generally
- Adjustments required during court hearings
- Adjustments required when giving evidence.’
The guidance is then supported by specific examples for each adjustment.
When reading the guidance, it was reassuring to see that the family team at Ellisons are implementing the guidance released in January 2025 already and have been for several years. It was very encouraging to read that neurodiversity has come to the forefront of the Family Justice Counsel’s discussions, and that there is acknowledgement that change needs to be implemented in order to provide certainty, clarity and indeed justice within the family justice system for the neurodiverse individual.
If you are a neurodiverse individual, or suspect that you are, and are going through a separation, divorce, or have been the victim of domestic abuse, please feel free to contact us on 01206 71968. We offer a free exploratory call with our lead expert MaryCarmel Wilson, who has specific experience in relation to assisting the neurodiverse client and clients with neurodiverse children or an ex partner. If you have children who have a SEN diagnosis, and you require bespoke advice in relation to their needs, MaryCarmel Wilson can provide you with tailored advice, specific to the child (or children’s) individual and complex needs.
