Family law advice for the neurodivergent community

The family justice system, like all other systems, is designed by neurotypical people for neurotypical users. It therefore does not work well if you are neurodivergent.  

This year marks a pivotal moment for the UK family justice system, as we witnessed meaningful shifts in thinking around the importance of understanding neurodivergence and how we should adjust our working practices to meet the needs of neurodivergent individuals.  

The ADHD Foundation (attention-deficit/hyperactivity disorder) estimates that one in five people are neurodivergent. The British Dyslexia Association reveals that one in 10 people are dyslexic and 6% have dyscalculia, a learning disability that makes it difficult to understand numbers and math concepts.  

Research by the World Health Organisation reports that one in 100 children are autistic, although a US study by Autism Speaks suggests this is likely closer to one in 35. The government’s Council for Disabled Children states that approximately one in 20 children have ADHD. These statistics illustrate why it is so crucial we get this right.  

The biggest hurdle we face currently is that almost every aspect of society is designed in a way that works for the neurotypical brain. This means that neurodivergent people frequently face barriers in day-to-day life including societal misunderstandings and stereotypes. 

In the current family justice system, this can lead to breaches of individual rights such as the right to a fair trial under Article 6 of the European Convention of Human Rights (ECHR) and the right to respect for family and private life under Article 8, as well as disability legislation. This reality can also create unfair narratives about individuals which shape the outcomes of cases. For example, parents in proceedings may be labelled as unable to work with professionals but this may be due to the individual's communication difficulties.  

Failure to make reasonable adjustments can result in children, particularly those with complex needs, not having their needs identified or met. In the worst cases, it can lead to the permanent separation of children from their parents, which might otherwise have been avoided. 

Despite these high stakes, there is currently no requirement for family law or child protection professionals to undertake specific training on neurodivergence.  

Family Law Advice for the Neurodivergent Community (FLANC) 

Recognising that the current family justice system is not neurodivergent-friendly, a group of seven family lawyers joined forces to make improvements. Alia Lewis, Sheena Vadher and Fauzia Mumani from Duncan Lewis; Jenny Beck KC (Hon), Flora Hughes and Jasmine Hollis from Beck Fitzgerald; and Caroline Croft from Coram Chambers, established Family Law Advice for the Neurodivergent Community (FLANC) – a nonprofit cross-firm working group.  

Although altering the collective functioning of an entire system is a monumental task, the improvements required are not that complicated. FLANC’s aims are three-fold, namely to secure: 

1. Mandatory training on neurodivergence for all professionals within the family justice and child protection system

2. Best practice guidance

3. Various systemic changes including the use of ‘All About Me’ documents and, where appropriate, diagnostic assessments and/or assessments of need early on in proceedings  

In February 2024, the FLANC website went live, and we formally launched in April 2024 at our inaugural conference with an inspiring line-up of speakers. Significantly, the president of the Family Division of the High Court Sir Andrew McFarlane delivered a keynote speech endorsing our work. 

We have since created an advisory committee comprising of members from a wide range of disciplines including the senior judiciary, the bar, the Children and Family Court Advisory and Support Service (Cafcass), clinicians, academia and parliamentary affairs. Their involvement is imperative to ensuring the accuracy of the information we distribute and creates a professional network through which our message can be shared.  

President Sir Andrew McFarlane’s support has been invaluable to the rapid development of best practice guidance, which is due to be published imminently by the Family Justice Council (FJC). This guidance addresses how neurodivergent adults can be supported in family law proceedings.  

What’s next? 

FLANC is currently working on guidance around supporting neurodivergent children and will be introducing ‘All About Me’ templates in the new year. This will help practitioners record information about the neurodivergent profiles of individuals, so their needs are understood and met throughout proceedings.  

We have achieved a lot in a short space of time but there’s still more to do. Securing mandatory training will take time to achieve in its entirety, but reassuringly, the president of the Family Division agrees that training on neurodivergence is required.   

It has been wonderful to see the explosion of interest in FLANC’s work over the past year, which has seen us speaking at key events in the family law calendar, articles being published and winning the Innovation Champion Award at the prestigious Resolution Awards 2024 – all of which helps to raise awareness. We hope to maintain this momentum and thirst for knowledge and look forward to hosting our second conference in April 2025.  

In the meantime, the best advice we can share with those working in the FJS, is to ask yourselves whether your client or the child you’re working with presents with neurodivergent traits and remember that the condition may not have been diagnosed yet. If so, think about how this might affect the case and what assessments and reasonable adjustments are required. Having this at the forefront of your mind is an excellent starting point.  

If you don’t have a good understanding of what neurodivergence is and how it can present, take the time to undertake this personal learning. A good place to start is the FLANC website where you can find helpful resources and information about training and education.   

 
Jasmine Hollis is a member of the Law Society’s Children Law Scheme and senior associate at Beck Fitzgerald