In January 2025, the Family Justice Council (FJC) issued new Guidance on Neurodiversity in the Family Justice System for Practitioners, setting out vital principles for working with neurodivergent children, parents, and carers within the family courts. The guidance urges legal professionals, judges, social workers and all those involved in family justice to adopt a more informed, flexible and inclusive approach.
With an estimated 1 in 7 people in the UK identifying as neurodivergent, and overrepresentation of the neurodivergent in family court proceedings, there is a clear and growing need for the justice system to respond with greater awareness and sensitivity. Whether a case involves divorce, child arrangements, or care proceedings, neurodiversity can affect how individuals understand information, communicate, and engage with legal processes. A one-size-fits-all approach is no longer sufficient.
Key Themes from the Guidance
The Family Justice Council's publication sets out several practical recommendations to help professionals better support neurodivergent clients. The guidance encourages adjustments that can promote meaningful participation and fair outcomes for all parties involved. The focus of the guidance is on overcoming barriers to meaningful participation in court proceedings rather than on the fairness of the process of assessment. Meaningful participation can go a long way to increase access to justice and protect the right to a fair trial.
Recognising Neurodiversity
Neurodiversity is described as a natural variation in how people think, learn, and process information. Practitioners are urged to avoid assumptions and instead take the time to understand each individual's communication and cognitive needs, adapting their approach accordingly.
Communicating Effectively
Clear, accessible communication is central to ensuring neurodivergent individuals are not disadvantaged. This might mean offering written follow-ups to verbal conversations, using visual tools, or allowing additional time for clients to process and respond to information. Such adaptations can dramatically improve a person's ability to engage meaningfully with their case.
Encouraging Participation and Support
The guidance stresses that neurodivergent individuals may find traditional court environments intimidating or overwhelming. Maintaining eye contact, managing and regulating emotions may present more challenges for neurodivergent individuals. To help them participate fully, practitioners are encouraged to involve advocates, intermediaries, or support professionals where appropriate, ensuring the client's voice is not just heard but understood.
Legal decisions often need to be made quickly and under pressure, conditions that can be especially difficult for neurodivergent clients. Recognising this, the guidance advises practitioners to take additional care in supporting clients through decision-making, ensuring they have the time and clarity needed to understand their options.
Importantly, the guidance does not focus solely on individual clients. It also considers the wider impact on families, including neurodivergent children and parents. By tailoring support to each family member's needs, practitioners can help safeguard the wellbeing of the entire family unit.
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