Neurodiversity and the Family Courts – new guidance seeks to bridge the gap. Will it work? A view from the bar – [2025] Fam Law 1021

Chambers is again excited to share that barrister, Chloe Branton, and pupil Avaia Williams have recently been published in Family Law Journal, sharing their analysis and thoughts on the Family Justice Council neurodiversity guidance.

In their article, Chloe and Avaia reflect on the guidance and how it will play out in the Family Justice System, and how it is already playing out. Chloe and Avaia are regularly instructed in matters acting for neurodiverse parties and share their top tips for ensuring the guidance is more than just a soundbite, including exploring:

  • why recognising neurodiverse needs is essential to fair access to justice;
  • the risks of flawed assessments where neurodivergence is overlooked;
  • the practical recommendations offered by the guidance, including the use of frameworks such as SPELL; and
  • the need for consistent adoption across the system, from judges to practitioners to court staff.

Drawing on both professional and personal experience of working with neurodiverse clients and witnesses, they highlight how relatively simple adjustments can make a profound difference to participation and outcomes.

Understanding neurodivergence is not an optional courtesy but a fundamental requirement of fairness in family proceedings. The promises of the new guidance depend on meaningful and systemic change, and consistent implementation.

The full article is available in the August issue of Family Law, for those with subscriptions this can be found on Lexis Nexis.