An estimated 15% of people are Neurodivergent, so for Neurodiversity Celebration Week, McAlister Family Law Solicitor, Georgina Howe, looks at how the Family Court is supporting individuals who are Neurodiverse and how to ensure that you have the correct support in place to navigate the court process.
What is Neurodivergence?
The natural differences in the way individual’s brains work and the way that they may present. This includes the way people appear to think or process information, how they organise their behaviour and their ability to perform certain sensory-motor tasks.
Neurodivergent conditions include;-
- Autism/Autism Spectrum Condition (ASC)
- Autism Spectrum Disorder (ASD)
- Attention Deficit Hyperactivity Disorder (ADHD)
- Variable Attention Stimulus Trait (VAST)
- Dyspraxia
- Dyslexia
- Dysgraphia
- Dyscalculia
- Tourette’s Syndrome (TS) as well as many other conditions.
Impact within Family Court proceedings
Family proceedings can be overwhelming for anyone but for those who are Neurodivergent, this can be even more so.
If you are giving evidence to the court, you may be asked to read and process information quickly whilst you are giving your evidence. You may face questioning from lawyers who are representing other people who are involved in the court proceedings.
For those who are Neurodivergent, a person may struggle to follow what is being said in court and find it difficult to remain engaged.
How will I be supported?
Some examples of how you could be supported both in and out of court include;-
- Communication adjustments which may include contacting the person by email instead of phone.
- Using shorter sentences.
- Avoiding black writing on a white background.
- Environment adjustments including removing a loudly ticking clock and adjusting the lighting whilst in court.
- Regular breaks whilst in court.
- Sticking to a pre-agreed visual or written timetable as much as possible and using visual aids to explain the timetable for proceedings.
What this means for you
The Family Justice Council has recently introduced guidance on ‘Neurodiversity in the Family Justice System for Practitioners’. This had been described as landmark guidance which hopes to improve the way in which individuals navigate and participate in court proceedings. The guidance also contains questions to help to identify if a person is Neurodiverse.
All of our lawyers are familiar with this guidance and are in the best possible position to advise client’s and ensure that your case is dealt with in the correct way.
How we can help you
We recognise that every person is different.
Family law proceedings carry a great deal of emotional pressure and can be very stressful to navigate. A client who is Neurodivergent should not in any way be at a disadvantage because of their differences. Neurodivergence is the natural differences between one brain and another. That difference should not mean that you as a person should be treated differently.
If you are currently involved in court proceedings, we are here to help. Contact a member of our team at [email protected]
