Child Focused Courts to prioritise neurodivergent needs and improve family justice

The introduction of Child Focused Courts aims to make family proceedings more visible and responsive to neurodivergent children and parents, prompting calls for tailored training and innovative communication tools to ensure accessible justice.

The planned roll-out of Child Focused Courts is likely to change the way family cases are handled, with Cafcass taking a much more central role than it does under the current Child Arrangements Programme. According to Frances Harris and Sian Cox of Harcourt Chambers, the new model is intended to make the child’s experience more immediate and visible throughout proceedings, but it also raises important questions about how the system will identify and respond to neurodivergence.

Cafcass, which advises family courts on what is safe for children and what is in their best interests, already sits at the heart of decision-making in many cases. Under the emerging Child Focused Court approach, that role becomes even more significant, making it more important that officers are equipped to recognise the needs of neurodivergent children and parents. The Family Law Advice for the Neurodivergent Community, known as FLANC, says its wider aim is to improve access to justice by reducing barriers, strengthening training and developing practical tools for professionals and families.

One of the resources now being discussed is FLANC’s “All About Me” material, designed to help children and parents explain how they communicate, process information and engage with proceedings. The Family Justice Council’s guidance on neurodiversity notes that neurodivergence covers a broad range of differences in brain development, including autism, and estimates that about 15% of the population is neurodivergent. That makes adaptation in family justice not a niche issue but a mainstream one, particularly where standard court processes can be overwhelming or inaccessible.

The article by Harris and Cox also points to practical steps professionals can take, from using clearer language to allowing for more structured communication and better preparation before hearings. It argues that lawyers and Cafcass officers should be alert to the different ways neurodivergent parents and children may present, rather than treating hesitation, literal responses or sensory overwhelm as lack of engagement. The authors also raise the use of artificial intelligence by neurodivergent parents, suggesting that it may offer support in some cases but should be handled with clear boundaries.