The guidance is intended to help family lawyers adopt best practice in this area
The UK Family Justice Council has published a watershed guidance to support neurodivergent individuals participating in family proceedings, reported the Law Society Gazette.
The guidance has been in the works for two years. Family division president Sir Andrew McFarlane has called for lawyers to review the guidance to adopt best practice in this area, given that about 15 percent of the population is neurodivergent.
“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,” McFarlane said in a statement published by the Gazette.
The guidance highlights the aspects of family proceedings with which neurodivergent individuals struggle, including cross-examinations. The guidance noted that such participants could find it hard to follow and stay engaged with proceedings, resulting in agitation or confusion. As a result, judges may infer that a neurodivergent witness was lying.
Thus, the guidance contains a questionnaire to determine whether a participant is neurodivergent. It also lists ways in which hearings setups can be adjusted for neurodivergent individuals, such as using email to communicate, shortening sentences, and limiting the use of black text on a white background.
Fixes related to environment include the removal of loudly ticking clocks and lighting adjustments. Adjustments to structure and timing include implementing regular breaks, maintaining a pre-agreed visual or written timetable, and explaining proceedings timetables via visual aids.
“This principle encourages a system that, with relatively light adjustments, can improve participation and outcomes for children and families. I encourage practitioners working within the family justice system to read the guidance carefully and to consider how they can adopt best practice,” McFarlane said in a statement published by the Gazette.