Being FLANC: neurodivergence and barriers in family justice

Family Law Advice for the Neurodivergent Community (FLANC) was established in 2024 by a group of expert lawyers in response to our growing concerns about the barriers neurodivergent children, adults and families face when they come into contact with the family justice system, including during court proceedings, pre-proceedings and dispute resolution. The aim of FLANC is to increase awareness and bring about change to ensure access to justice and best possible outcomes for neurodivergent people in the family justice system. My fellow co-founders are award-winning lawyers from Duncan Lewis and Beck Fitzgerald, including Alia Lewis and Jenny Beck KC (Hon) and we have also established an expert advisory committee whose members have a broad range of skills and expertise.

By some estimates, as many as 1 in 5 people are neurodivergent. In recent years, as public awareness and discussion about neurodivergence started to increase, I was instructed in several cases which made clear to me some of the challenges that neurodivergent children, adults and families can face when they become involved with the family justice or child protection systems.

Knowledge gaps

I became increasingly worried that despite the good intentions of those working in the family justice system, the needs, strengths and profiles of neurodivergent adults and children were often being misunderstood or not recognised at all. Some of the more common issues I have seen are:

• A lack of recognition that neurodivergent people may need reasonable adjustments during court hearings and assessments to ensure that they are fully able to participate.
• The prevalence of stigmas and stereotypes about neurodivergence.
• A failure to properly understand the needs of neurodivergent children and adults and the support that they require or are entitled to, resulting in decisions being made on a misinformed basis and suboptimal outcomes.
• Under recognition of the fundamental role neurodivergence can play in complex profiles. For instance, the undertaking of care planning for neurodivergent children with complex needs without having a proper understanding of how their neurodivergence feeds into their needs, profile and the support they require.
• Misunderstandings and knowledge gaps about neurodivergence leading to inappropriate blame and criticism of neurodivergent parents and children. For example: misinterpreting a lack of eye contact as rudeness or dishonesty; or failing to understand the reasons why a neurodivergent child might behave very differently at school than at home.
• A lack of awareness of the variety of ways in which neurodivergence can be expressed; the fact that neurodivergence is not always obvious to an outsider; and the wide range of needs and strengths which can stem from neurodivergence.

It’s not hard to see how the issues set out above can operate to restrict access to justice and can also result in decisions, assessments and planning being taken on the wrong basis and outcomes being negatively affected.

Compulsory training

At FLANC we believe that in order for change to be achieved, compulsory training in relation to neurodivergence for those working in the family justice and child protection systems is needed. We suggest that a training system similar to the Oliver McGowan Mandatory Training on Learning Disability and Autism which is being used in the NHS, would be an effective way to deliver this. We firmly believe that even an hour of training has the power to alter the way in which neurodivergence is understood and approached by child protection and family justice professionals.

At FLANC we are also committed to working towards other changes, including:

• Ensuring better practice in relation to reasonable adjustments during court proceedings, assessments and dispute resolution.
• Changes to court forms so that issues arising out neurodivergence are identified at the outset of proceedings and kept under regular review during proceedings.
• Training for professionals working directly with neurodivergent children in alternative communication methods to ensure that children’s voices are understood and heard clearly.

Simple steps to take now

Even while we are working towards the above changes, there are lots of small and simple steps that individual practitioners can take to understand and meet the needs of neurodivergent children and adults such as: applying for the right assessments at the right time; asking someone about how they would like to be supported; and making simple adjustments like turning off fluorescent strip lights for someone who is sensitive to them; printing material on coloured paper for someone who struggles to read in black and white contrast; or allowing someone to move around the room, if it helps them to think or to concentrate on what is being said.

Support and progress

We have been overwhelmed and delighted by the support that FLANC and its aims has received from all levels of the family justice system and beyond: the President of the Family Division, Sir Andrew McFarlane, delivered the keynote speech at FLANC’s inaugural conference in April and praised the work of FLANC at the Family Justice Counsel open meeting in July. Wagamama and Slaughter and May provided sponsorship and support for our inaugural conference in April and Paula McGowan OBE provided a recorded message for our inaugural conference lending her support to FLANC.

Progress is already being made. The Family Justice Council will soon be publishing best practice guidance in relation to neurodivergence and I was honoured to be invited to contribute to that guidance. Dr Tom Grange, Clinical Psychologist and Director of DGA (an expert witness and medico legal psychology service) and member of FLANC’s advisory committee, has devised a simple but innovative screening assessment for Autism and ADHD which can provide an indication of whether full assessment is necessary in just two weeks.

As already touched on above, education and increased awareness are vital for achieving change. I encourage practitioners to learn more about neurodivergence whenever possible and I hope that you will find doing so as rewarding as I have. There is information and resources on the FLANC website as well as a recording of our inaugural conference. Please feel free to contact us using the details on the website if you would like more information, or if you are interested in commissioning some training for your organisation.

I am optimistic that we are seeing the start of a real shift in the way that neurodivergence is approached by the family justice and child protection systems. There is much work to be done but I am enormously encouraged by changes already being made and the goodwill and the enthusiasm there is to bring about change. Over the coming months and years FLANC hopes to build on that enthusiasm and appetite for change to ensure that the family justice system is in the best possible position to meet the needs of neurodivergent adults, children and families.

We are enormously proud that FLANC won Innovation Champion in the Resolution Awards 2024 and Family Law Innovation of the Year in the Family Law Awards 2024.