The Family Justice system has come under further scrutiny, this time internally by the Family Justice Council. The Family Justice Council has been considering the impact of being part of family proceedings on neurodivergent people.
The Council has recently published a landmark guidance to support neurodivergent people. The purpose behind this is to ensure that the family justice system is more inclusive and fair for all neurodivergent individuals.
What does Neurodivergent mean?
Neurodivergence refers to variations in the human brain regarding sociability, learning, attention, mood, and other mental functions. The term is often used in the context of autism spectrum condition (ASC), attention deficit hyperactivity disorder (ADHD), dyslexia, dyspraxia, and other neurological differences. It is estimated that approximately 15% people are neurodivergent.
What does the new guidance state?
The guidance states that certain aspects of proceedings can be overwhelming for those who are neurodivergent. Cross examinations, where individuals are giving evidence, can be lengthy, stressful and overwhelming. It is also likely that witnesses may be asked to read and process information quickly.
The guidance states that “neurodivergent participants may struggle to follow proceedings and remain engaged. Such pressures may result in people becoming flustered or agitated, which may in turn lead the Judge to draw adverse inferences or conclude that the witnesses were not telling the truth.” An adverse inference is where a judge may draw a negative conclusion about a person’s credibility or truthfulness based on their behaviour during proceedings. The aim of the guidance is to ensure that steps are taken to ensure individuals are able to give their best evidence.
The Family Division President, Sir Andrew McFarlane, said, “It is clear that the failure to recognise and accommodate neurodivergence within the Family Justice system leads to the parties, witnesses, and children not being able to participate fully. Equal access to justice is fundamental to a functioning and fair system…”
In particular, when looking at the recommendations, these include the need to make reasonable adjustments, including using clear, direct language, providing additional time for responses and providing information in different formats, e.g. written and visual. It may include environmental adjustments such as removing noise making equipment such as ticking clocks, adjusting lighting and heating or providing quiet waiting areas and allowing fidget toys or movement breaks.
It is also possible to request pre-hearing visits to the court to familiarise individuals with the environment. There is also the possibility of the use of Intermediaries, an approved person who can assess the best way to help someone understand and follow the court process and support them at Court hearings.
Rachel Earnshaw, Solicitor, comments that “this guidance is a welcome start to looking at how to support individuals in understanding the process and being able to take part in a way that allows their needs to be met so they can put the best case possible to the court.”
Guidance is also given to those in the profession to help them identify and support those with neurodivergence. Legal professionals can help navigate the process and ensure that your rights and interests are protected throughout the proceedings. If you have any queries on the above subject, please do not hesitate to get in touch with our team of family law specialists on 08081 891 596 or complete our online enquiry form.
We are proud to be supporting Neurodiversity Celebration Week.