Family Justice Council Guidance on Neurodiversity in the Family Justice System for Practitioners

The Family Justice Council (FJC) has published guidance for legal practitioners working with neurodivergent users of the Family Justice System. The guidance can be found on the Neurodiversity in the Family Justice System guidance page.

The guidance follows almost two years of work drawing together the existing regulatory framework and setting out best practice, with contributions from across family justice.

Key points:

• The guidance aims to improve access to justice and assist in providing fair treatment for neurodivergent children and families in the Family Justice System.
• Equal access to justice is fundamental to a functioning and fair Family Justice System. It is estimated that 15% of the population are neurodivergent, this figure is likely to underestimate neurodivergent Family Justice System users.
• Neurodivergent users of the Family Justice System face additional barriers to participation in a system which was not designed for them. The guidance helps identify potential barriers, access to justice issues, and considers best practice to recognise and accommodate neurodivergence within the System.
• The guidance draws together the existing regulatory framework, sets out important best practice and collates existing resources.  

In the foreword to the guidance, the President of the Family Division Sir Andrew McFarlane, said: “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. 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.”