At Lewis Denley, we understand that navigating family law matters can be daunting and emotionally overwhelming for anyone. For those who are neurodivergent, the complexities of legal proceedings can add an additional layer of anxiety. Everyone deserves fair and just access to the legal system, and it is the responsibility of legal professionals and the courts to make necessary adjustments to ensure that neurodivergent individuals feel fully supported and heard throughout the process.

To mark World Autism Awareness Day on 2nd April, we want to highlight the importance of neurodiverse-friendly legal support and provide guidance on how solicitors and courts can adapt to meet the needs of neurodivergent clients.

Understanding neurodiversity in family law

Neurodiversity refers to the natural differences in how human brains function. Neurodivergent individuals may process information, communicate, and engage with the world differently from neurotypical individuals. These differences should never be a barrier to accessing legal support, yet many neurodivergent clients face unnecessary challenges in navigating family law cases.

Legal professionals must adapt their approach to ensure that neurodivergent clients are not only able to engage in their cases but also feel understood and empowered throughout the process.

Common concerns for neurodivergent individuals in family law

Will my neurodivergence affect the outcome of my case?

No. Every case is conducted on the same legal principles, and being neurodivergent will not impact the legal merit of your case.

Will my neurodivergence affect the advice I receive?

No. Solicitors and courts are required to make reasonable adjustments to ensure that every individual can engage fully in legal proceedings. It is not for the client to adapt to the legal process – it is for the process to adapt to the client’s needs.

How can my solicitor support me?

A good solicitor will take steps to accommodate your individual needs and ensure you feel supported throughout the process. If you feel that certain adjustments would help, it is always advisable to discuss these with your solicitor.

How solicitors can adapt to support neurodivergent clients

There is no one-size-fits-all approach, but some common adjustments that solicitors can make include:

• Agreeing on a preferred method of contact (e.g., email vs. phone calls).
• Setting clear timelines and deadlines to provide predictability.
• Breaking down complex tasks into smaller, manageable steps.
• Using clear, concise language and avoiding legal jargon.
• Reducing the number of different people handling the case to ensure consistency.
• Allowing extra time for meetings and correspondence.

How the courts can support neurodivergent individuals

The Family Procedure Rules 2010 (Part 3A and PD3AA) recognise that neurodivergent individuals may be vulnerable parties and require adjustments to ensure their full participation in proceedings. Courts can implement various adaptations, including:

• Setting a structured court timetable with advance notice of any changes.
• Allowing hearings to take place remotely if necessary.
• Providing a quiet waiting area and minimising environmental distractions (e.g., adjusting lighting or removing loud ticking clocks).
• Permitting the use of comfort items such as fidget toys or stress balls.
• Ensuring that questioning is clear, concise, and adjusted to meet individual needs.
• Allowing additional breaks during hearings.
• Appointing an intermediary where necessary to facilitate communication.

Why these adjustments matter

Failure to make reasonable adjustments can have serious consequences, including:

• Increased anxiety and distress for the individual.
• Miscommunication, leading to misunderstandings in legal proceedings.
• A loss of confidence in the legal system.
• A potential infringement on human rights, including Article 6 (right to a fair trial) and Article 8 (right to respect for private and family life) of the European Convention on Human Rights.

Ensuring fair and just access to legal support

At Lewis Denley, we are committed to creating a supportive environment where all clients feel heard and understood. We believe that legal professionals have a duty to recognise and accommodate neurodivergent needs, ensuring that every individual has an equal footing in their legal proceedings.

If you need legal support and want to work with a team that priorities accessibility and inclusivity, our experienced family law solicitors are here to help. Contact us at 01403 456430 to discuss your case and any adjustments that would support your legal journey.

Further resources & training

To continue raising awareness and promoting inclusivity, Autism Speaks offers a free Autism Friendly Training course that takes just 30 minutes to complete. This training, developed with input from autistic individuals, provides practical guidance on making everyday spaces more welcoming. Whether you’re a legal professional, an employer, or simply someone who wants to be more inclusive, small actions can make a big difference.

For additional support, visit:

• FLANC – Family Law Advice for the Neurodivergent Community: https://flanc.org.uk/

Need support with a legal matter?

If you need legal advice or support, our team is here to help. Call us on 01403 456430 or email info@lewisdenley.com to speak with one of our experienced family law solicitors.