Neurodivergence in Court Proceedings

This episode features Natasha Slabas (creator and host of the podcast, and Senior Family Partner at DMH Stallard’s London Family Office), Victoria Ellis (barrister at Pump Court Chambers), and Rachel Osgood (Senior Family Partner, DMH Stallard's Guildford Family Office) discussing neurodivergence within family court proceedings.

What is neurodivergence and why is it relevant to family law proceedings?
The episode opens by acknowledging that neurodivergence is described as a "loaded question" that "crops up very often" in family law practice. The discussion frames it as a significant issue requiring practitioners to understand how it affects parties' participation in proceedings and what adjustments may be necessary within a court framework.

How is it categorised by Family Courts in the UK?
The podcast addresses how neurodivergence is categorised by the family courts, noting that this is a complex area still in its embryonic stages. The discussion references the Family Justice Council Guidance on Neurodiversity, issued in 2025, as a key framework for how the courts now approach categorisation. 

How have family courts adapted to neurodivergence?
The episode highlights several adaptations, including Practice Direction 3AA (PD3AA), which is designed to recognise neurodivergence and pre-plan adjustments needed for those with special needs, particularly in cross-examination. The use of intermediaries in practice is also discussed, alongside the Vulnerable Gateway Toolkit as a resource for practitioners appearing in family courts. 

Importance of early intervention
The podcast addresses early discussion and disclosure, including the limitations on the use of potentially self serving medical evidence if presented from a party’s GP. The importance of identifying neurodivergence at an early stage is critical so that appropriate measures can be put in place before proceedings advance.

How to manage situations where there are two neurodivergent parties in proceedings
Victoria and Rachel discuss the practical problems associated with extra witness time and the need for striking a balance between meeting special measures and avoiding abuse of process. Natasha also describes issues she has experienced in cases where witnesses have special measures in place. 

What role does the Equal Treatment Bench Book play in promoting fairness and accessibility?
The Equal Treatment Bench Book is raised as a topic for discussion, with the question posed as to whether it is "fit for purpose".  

Reducing the risk of self-serving evidence of clients
Natasha raises the potential for "self-serving material" when medical evidence is presented, particularly from a GP. This suggests the need for practitioners to be alert to the risk of neurodivergence being relied upon strategically rather than genuinely and for it to be demonstrated as unbiased.

How DMH Stallard's family solicitors can help neurodivergent claimants
Rachel Osgood, as Senior Family Partner in DMH Stallard's Guildford Family Office, contributes throughout the episode alongside Victoria Ellis. DMH Stallard LLP has the expertise and significant experience across the board in assisting neurodivergent clients navigating family proceedings.