Whether you consider yourself neurodiverse, you are the loved one of someone who is neurodiverse or you want to support a neurodivergent individual in family proceedings, this blog provides a summary of the best practice which should be used by family lawyers to help neurodivergent individuals navigate the family legal system.
Neurodivergent users of the Family Justice System face additional barriers to participation in a system which was not designed for them. Failure to recognise and accommodate neurodivergence can lead to parties, witnesses and children not being able to participate fully, hindering equality of access to justice for those individuals.
Recent guidance from the Family Justice Council (or FJC) recognises that we need a more inclusive family justice system, which accommodates the needs of neurodivergent individuals. The FJC’s guidance is rooted in the principle that understanding an individual’s needs leads to better participation, and more effective justice.
This blog looks at some simple changes we, as family lawyers, can make to improve experience and outcomes for neurodivergent clients or those with neurodivergent family members.
1. Looking out for neurodivergence
The first step set out in the FJC’s guidance, is called ‘looking out for neurodivergence’.
It is important that family lawyers understand their clients’ needs. As part of this, family lawyers should, wherever possible, try to determine whether a client is neurodivergent, so that the right support can be given.
If you have an existing diagnosis, then assuming you feel comfortable to do so, it would be helpful to share details of this with your lawyer.
If you do not have a diagnosis, then your lawyers should still take time to discuss the different challenges or needs you may have. Having this conversation has an additional purpose as it will help your lawyer identify both (i) how they can better help you; and (ii) whether they need to make a request to the court for reasonable adjustments on your behalf should there be litigation.
2. Is further information needed?
The second step of the FJC’s best practice guidance involves asking the question ‘is further information needed?’.
It is often the case that even if a client has worked through a toolkit with their lawyer or informed them of an existing diagnosis, the lawyer and client might agree there is a need for further information. This could include getting further information from friends or family, or additional information from health, education or social services.
3. What barriers is this person facing?
The third step involves thinking about the different barriers a neurodivergent individual might face whilst navigating the family justice system. This involves a discussion between the lawyer and client focusing on the barriers a person might face both away from, and at, court. This list is likely to need to be kept under review as the individual has more exposure to proceedings and the court environment.
4. What adjustment are needed to overcome these barriers?
This stage ensures that both lawyers and clients are thinking about a person’s needs and preferences, and what adjustments are needed to overcome the barriers an individual might be facing.
There are a wide range of adjustments that can be made for neurodivergent individuals and the right adjustment will depend entirely on the individuals’ needs (as opposed to any labels or diagnoses). The different types of adjustments that can be made fall broadly into the following three categories:
Adjustments to communication
A list of examples of adjustments to communication include:
- an individual being contacted by email rather than over the phone,
- screen tinting,
- use of short sentences,
- allowing extra time for an individual to consider information and answers, and
- building strategies to check understanding.
Adjustment to the environment
A list of examples for adjustments to environment include:
- access to private and quiet waiting areas,
- changes to lighting,
- fidget toys or stress balls, and
- making sure someone feels comfortable to use stimming behaviours if needed.
Adjustment to the structure and timing
A list of examples for adjustments to structure and timing include:
- having discussions or giving evidence at a particular time of day,
- taking regular breaks,
- sticking to a pre-agreed visual or written timetable, and
- taking extra steps to make sure someone is clear about what will happen and when.
5. Applying for reasonable adjustment
At Kingsley Napley we will be able to work with you to identify what adjustments are needed to support you. We can then implement these throughout our working relationship with you, and keep the arrangements under review to ensure that they continue to meet your needs. We will also liaise with the court on your behalf to ask for any necessary adjustments to be made during the court process.
6. Timing
It should be considered at the earliest possible stage whether adjustments are needed to support a neurodivergent individual. Any adjustments which are identified should be kept under review throughout the case to ensure they evolve to meet an individual’s needs.
Conclusion
One of the key quotes from the guidance is that “the right adjustment will always depend on a person’s individual needs as opposed to any label or diagnosis.” While this best practice guidance sets out a particular pathway to support neurodivergent individuals, it is fundamental to improving their experience in the family justice system that all lawyers and other participants adopt an open, inclusive and adaptable approach to their practice. At Kingsley Napley, we work hard to do exactly that.
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