Family Law Adopts Neuro-Affirming Practices
The Family Justice Council released new guidance to help legal professionals better support neurodivergent individuals, who are over-represented in family law proceedings. The guidance encourages practical adjustments like movement breaks and accessible communication formats without requiring formal diagnoses. Family solicitor Hannah Saxe noted a trend of late-diagnosed women reassessing relationships post-diagnosis, sometimes leading to breakdown due to previously ununderstood dysfunction rather than the diagnosis itself.
An estimated 15% of the UK population is neurodivergent, a figure believed to be even higher among users of the Family Justice System. The new guidance, titled "Guidance on Neurodiversity in the Family Justice System for Practitioners," was published on January 30, 2025, to address the significant barriers these individuals face in legal proceedings. Sir Andrew McFarlane, President of the Family Division, emphasized that failing to accommodate neurodivergence means individuals cannot fully participate in proceedings, undermining the core principle of equal access to justice. The guidance aims to shift the system from a "one-size-fits-all" approach to one that understands and adapts to individual needs. Practical adjustments recommended include changes to the physical environment, such as adjusting lighting or removing distracting noises like a loud clock. Communication methods may also be adapted, for example, by using shorter sentences, avoiding legal jargon, and providing information in written formats rather than purely verbal exchanges. A key focus is on recognizing needs without requiring a formal diagnosis, acknowledging that many individuals, particularly women, are diagnosed late in life or not at all. Professionals are encouraged to look for traits and ask questions about how a person processes information and communicates best. The push for these changes has been championed by organizations like Family Law Advice for the Neurodivergent Community (FLANC). Founded by family lawyers in 2024, FLANC contributed to the guidance and is campaigning for mandatory training on neurodivergence for all professionals in the family justice system. For many women, a late diagnosis of conditions like autism or ADHD can be a revelatory experience that reframes their life experiences. This new understanding of their own needs and communication styles can lead to a re-evaluation of their relationships, sometimes revealing that long-standing issues were rooted in misunderstood neurodivergent traits.
