The president of the family division has urged lawyers to carefully read landmark guidance designed to support neurodivergent people in family proceedings so that they can consider how to adopt best practice.

An estimated 15% of people are neurodivergent. The guidance, published by the Family Justice Council yesterday, says certain aspects of family proceedings can be overwhelming for those who are neurodivergent. Cross-examinations can be lengthy, rigorous and stressful. Witnesses may be asked to read and process information quickly.

‘Neurodivergent participants may struggle to follow proceedings and remain engaged. Such pressures may result in people becoming flustered or agitated, which may in turn lead a Judge to draw adverse inferences or conclude that the witness was not telling the truth. Such obstacles carry the risk that an individual might not be able to give their "best evidence", which undermines the fairness of the process,’ the guidance says.

Sir Andrew McFarlane

McFarlane: Failure to recognise and accommodate neurodivergence results in unequal access to justice

The guidance contains several questions to help identify if a person is neurodivergent as well as several examples of adjustments that can help them fully participate in proceedings.

Communication adjustments include contacting the person by email instead of phone, using shorter sentences and avoiding black writing on a white background. Environment adjustments include removing a loudly ticking clock and adjusting the lighting.

Structure and timing adjustments include regular breaks, sticking to a pre-agreed visual or written timetable as much as possible and using visual aids to explain the timetable for proceedings.

The guidance has been two years in the making.

Family division president 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.’