- within Insolvency/Bankruptcy/Re-Structuring, Transport and Technology topic(s)
- in United Kingdom
Many neurodivergent conditions can be associated with a lack of focus or difficulty concentrating. These issues can be especially prevalent in those with diagnoses of autism, ADHD and sensory processing disorders or difficulties: such individuals may lack the neurodevelopmental features which aid in filtering out unwanted sensory input.
When individuals with these profiles are under the pressure of court proceedings, asked to attend hearings and to concentrate in unfamiliar and stressful environments, these difficulties can threaten overwhelm. In such circumstances, effective participation can be extremely challenging and in some cases impossible. For those of us representing such clients, it is important to remember this possibility and to do all we can to mitigate against this.
As a specialist child law solicitor at Duncan Lewis, representing many neurodivergent children and parents, I have seen first-hand how the formal and high-pressure environment of the family court can affect those with autism, ADHD or sensory processing difficulties. This article aims to highlight how simple adjustments – such as allowing the use of fidget tools – can make a significant difference to effective participation and wellbeing.
Recognising and accommodating these needs is vital. By understanding how small, practical tools and adjustments can reduce anxiety and improve focus, legal professionals can help ensure that neurodivergent individuals are supported to participate fully and fairly in the justice process.
How Fidget Tools Support Focus and Self-Regulation
Fidget toys and tools keep hands busy, which can help in these circumstances to encourage focus and reduce self-stimulatory behaviours. This in turn helps to manage stress and promote calm. The perceptual input from these tools provides a portable, non-intrusive way to self-regulate and aid the ability to concentrate. In addition, keeping your hands busy can lead the brain to increase its attention on the task at hand and improve focus. Fidgeting can provide an outlet for otherwise unhelpful excess energy. The increased focus can also help a person to suppress the impact of other distractions. In short, fidgeting can help attention, alertness, memory and problem-solving.
Implementing Fidget Tools as Standard Practice
For lawyers, adopting fidget tools as a standard part of your day to day practice can therefore offer a life line to neurodivergent clients risking overwhelm. Whether it is during a court hearing, assessment session or in conference to provide instructions, we can prompt our clients to make use of these accessible aids to help with focus and concentration. Though these sorts of aids have not been a traditional part of the court experience, they are a legitimate method of self-regulation and an easy 'reasonable adjustment' for the court to make. As lawyers, it is part of our role to identify and advocate for the adjustments our clients need.
Building a Toolkit for Client Support
Keeping a selection of these aids in your work bag means that, from the very outset, you can support a client to experiment with the sorts of tools which will help them. There is a huge range available and some will work for one person and not another or will help in one set of circumstances but not another. Encouraging clients to try various options and asking for initial feedback as to the effectiveness of different types of tool means that we can start to anticipate what sort of aid will be needed in a particular circumstance such that, for example, when a client is meeting an expert for assessment, rather than having to discuss fidgeting before the appointment, a few of the tools which are most likely to help can simply be left available in the assessment room for use throughout. Being able to anticipate and support needs in this way has the benefit of normalising the use of these aids and minimising any awkwardness.
Making a Meaningful Difference
Court proceedings can be overwhelmingly and unmanageably stressful for some. Simple supports like this, while impacting minimally, if at all, on others involved, can make the world of difference to someone risking sensory overload and overwhelm. Incorporating exploration of this into your usual practice not only supports your client to increase the effectiveness of their participation but also removes a little of the burden of always having to reflect, identify and advocate themselves for fair opportunities and equal accessibility.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
