Family law: Change needed to better support neurodivergent court users says leading judge.

Important new guidance to help neurodivergent children and adults gain equal access to justice in the Family Courts has been announced.

Written specifically for lawyers, and following almost two years of research, it aims to increase awareness as well as create a more positive experience for neurodivergent users of the Family Justice System.

Sir Andrew McFarlane, President of the Family Division, says: “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 universally applicable principle upon which the guidance sits, is that understanding an individual’s needs leads to better participation, and more effective justice. This principle encourages a system that, with relatively light adjustments, can improve participation and outcomes for children and families.”

Why is this new guidance on neurodivergence needed?

More and more adults and children – around one in seven – are being assessed as being neurodivergent. This includes Autism, Autism Spectrum Disorder, Attention Deficit Hyperactivity Disorder (ADHD), Attention Deficit Disorder (ADD) as well as Dyslexia, Dyscalculia and Tourette’s Syndrome.

Being neurodivergent, often described as an invisible disability, does not mean there is anything wrong with your brain, it just means that your brain functions, learns and processes information in a different way to the majority of people deemed neurotypical.

As a result, neurodivergent users of the Family Justice System sometimes face additional barriers as they struggle to find their way through a system that was not designed for them.

What are the problems faced by neurodivergent people in the Family Court?

Court is stressful for everyone but can be doubly so if you are neurodivergent.

• Cross examinations can be lengthy, rigorous, stressful and confusing affecting a neurodivergent person’s ability to follow what’s going on and remain engaged.
• Participants are often required to process a large amount of information quickly which can be overwhelming if you are neurodivergent.
• Difficulties in remaining focused can mean a neurodivergent person becomes flustered or agitated with a judge ‘drawing adverse inferences or concluding that the witness was not telling the truth’.

Stigma and stereotyping by lawyers and court officials as well as ignorance about how neurodivergence affects an individual’s anxiety, social interaction and communication are all highlighted as problems in the guidance.

What actions does the guidance recommend?

The guidance, Neurodiversity in the Family Justice System, asks legal practitioners to think about ways they can help neurodivergent court users by reducing anything that might cause them anxiety, by showing empathy, by communicating clearly and consistently and by checking for any sensory sensitives and needs.

Once the barriers someone is facing are identified, the adjustments needed to overcome them should be investigated.

The adjustments most commonly needed, the guidance found, are:

• Adjustments to communication – this could be allowing more time for instructions to be taken and advice given and incorporating strategies to check the person is understanding what is going on.
• Adjustments to the environment – including adjusting lighting, giving permission to move around and allowing the use of a fidget toy or stress ball or preferred item of comfort.
• Adjustments to the structure and timing of different aspects of the process – for example, taking regular breaks, sticking to a pre-agreed visual/ written timetable as much as possible and giving as much warning as possible of any changes.

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Every member of our highly experienced Family Law and Divorce Team works hard to understand every one of our client’s specific needs, diagnosed or not, and to make the relevant reasonable adjustments to ensure the best possible outcome as well as access to justice.

Not only has Wards Solicitors been named as Bristol Law Society’s Regional Firm of the Year 2025, our Family Law practice is highlighted as a recommended service in the 2025 edition of the independent Legal 500 guide of outstanding legal professionals.

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