Neurodiversity in the Family Justice System

The Family Justice Council has recently published comprehensive guidance aimed at enhancing the experience of neurodivergent individuals within the Family Justice System. The initiative recognises the importance of recognising and accommodating neurodiversity to ensure those individuals have equitable and fair access to justice. Solicitors within our family team recognise that justice is only possible when all individuals, irrespective of their neurological differences, are given the support they need to participate fully and fairly in legal proceedings. At Battens we are fully committed to ensuring that the guidance is considered and implemented for the benefit of our clients.

Neurodivergent individuals, such as those with autism, ADHD, dyslexia and other cognitive challenges will often face unique challenges within the legal system.

These can include but are not limited to:

• Difficulties processing complex legal information;
• Understanding procedural requirements;
• Managing sensory difficulties within legal settings;
• Communicating effectively in high-pressured environments.

If these challenges are not properly recognised, it may lead to misunderstandings, delays and most importantly, an unfair experience for neurodivergent clients. At Battens we recognise it is essential that challenges are recognised early following initial instruction so that adjustments can be made to ensure a fair and accessible legal process.

We will ensure that we try to identify any barriers that individuals might face and will implement strategies to accommodate neurodivergence. We can adjust our communication methods: we always ensure that our letters are written in plain English, avoiding unnecessary legal jargon. We can also summarise in bullet points or provide visual formats where appropriate. Our solicitors ensure that verbal explanations are given at a pace suited to each client’s needs and can be repeated if required. Our clients are encouraged to ask for repetition or clarification if required.

At Battens we offer flexible meeting options, as we are mindful that a visit to a solicitors’ office may be overwhelming for some. We are happy to suggest video or telephone meetings and will always follow up a meeting with a summary of key discussion points.

Our solicitors take an active role in ensuring that appropriate adjustments can be made for neurodivergent clients in Court. This could include asking for regular breaks, advocating for alternative ways of giving evidence and ensuring the court is aware of any specific needs, such as avoiding unnecessary confrontation or allowing a support person to be present. We recognise that a Court hearing can be overwhelming, and we ensure that any adjustments needed are made so that neurodivergent clients can participate effectively.

Our practices align with the Family Justice Council's goal of ensuring that neurodivergent individuals are not disadvantaged within the family justice system. As Sir Andrew McFarlane, President of the Family Division stated: "Equal access to justice is fundamental to a functioning and fair system".

At Battens, our solicitors work hard to ensure that our clients are able to participate fully within proceedings.

Please contact a member of our team by calling 0800 652 8373 or by emailing enquiries@battens.co.uk if you require legal assistance with a tailored approach.