Nicky Tolley is a member of The Intermediary Cooperative, a non-profit social enterprise offering HMCTS appointed intermediary services across England and Wales. During World Autism Acceptance Month, she explains how intermediaries provide familiarity and consistency for neurodivergent clients, to foster inclusivity in the family justice system.
April is when we celebrate World Autism Acceptance Month. These important calendar timelines provide us with an opportunity to foster greater inclusivity, celebrate neurodiversity, and increase understanding of the autism spectrum. Crucially, the month allows us to acknowledge that knowledge isn’t the same as understanding and acceptance.
With over 700,000 autistic adults and children in the UK (and many more likely to have the condition but be undiagnosed), it is no surprise that a significant number of those finding themselves in the justice system are impacted by the condition.
To coincide with World Autism Acceptance Month, we take a look at three psychological theories that can impact a person with autism and consider how they might typically present themselves in court. While someone may have well developed linguistic skills, they may suffer from differences in their thinking that impact on their ability to listen, communicate and effectively participate in court.
Theory of mind
Also known as mind-blindness, this theory suggests that some autistic individuals have difficulty recognising that mental states, such as beliefs, desires, intentions and emotions differ between themselves and others. This makes it challenging for them to predict or understand the behaviour of others, leading to misunderstandings in social interactions.
In court, the lack of ability to be able to see something from another’s point of view can be perceived by professionals as a person being arrogant, difficult and/or obstructive when, in fact, they are being challenged by their difficulty with theory of mind, which leads to social anxiety and frustration.
If they are someone who tries to mask their anxiety then this can, over time, result in exhaustion and a sense of being overwhelmed which may be perceived as disengagement as they just don’t feel able to mask anymore.
How can an intermediary help?
Our reports will be able to inform the court of the person’s presentation and individual needs.
We will be able to build up rapport and trust with the client so that during proceedings we can use strategies to help them understand the different viewpoints, for example, visual representation of all views and explanations as to why these views differ from their own.
Central coherence
This theory proposes that autistic individuals have a cognitive style that focuses on details rather than the big picture (the gestalt). They are very strong at focusing on local features but may have difficulty integrating this information into a cohesive, meaningful whole.
The combination of these cognitive differences, paired with the societal pressure to mask, places autistic individuals at higher risk for anxiety, depression, and significant mental health difficulties.
The vulnerable person can become fixated on physical and sensory issues; for example, constant typing or clocks, smells or a specific detail of their case. They may be fixated on a detail that they think is totally unjust so can’t listen to the barrister or give meaningful instructions as they can’t stop thinking about that single detail.
One such example could be during family proceedings when a person may become fixated about missing contact sessions because of court dates and be unable to see the bigger picture. Their legal team will be focusing on the details of the case and may find it frustrating that their client cannot move past this detail.
How can an intermediary help?
An intermediary’s report will provide information on any sensory issues, and we can check out the courtroom and ensure reasonable adjustments are made. For example, if they can’t cope with the typing then we could ask for them to attend remotely from another room or try using ear defenders to block out the noise.
When trying to get them to focus more on the bigger picture we would use visual strategies to assist. Just talking will not be enough as they will not process all the information. It is not uncommon for solicitors or barristers to remark “We’ve been through this several times” but if the right strategies aren’t deployed, it will never be fully understood.
Executive functioning
This theory says that autism involves significant difficulties with executive functions, which are higher-order cognitive processes, including planning, impulse control, inhibition, flexibility, and working memory.
Executive dysfunction often leads to rigid, repetitive behaviours and difficulty coping with change, which can cause intense anxiety, distress and panic.
In court, clients may struggle, for example, to cope with short notice timetable changes or a change in barrister or judge.
Some people can find it difficult to control their emotions and can either have emotional outbursts, which tend to get them removed from court, or completely shut down, severely impacting effective participation.
How can an intermediary help?
One of our greatest values at The Intermediary Cooperative is the importance of continuity of intermediary, so that we can provide familiarity and consistency for a client. If someone doesn’t like change, having to meet a different intermediary each time they go to court will just cause more anxiety. If change is necessary, we would try to prepare them for this and introduce the new person in advance of a hearing or trial.
We try to reduce the stress and anxiety by ensuring that there are clear expectations and providing simple rules and daily visual timetables for a client and preparing them for any changes and explaining why any changes are necessary.
A few final thoughts
Any strategies recommended will be based on the needs of the individual, gained from spending time with them discussing what they think will help them.
Everyone is different and what will help one person, will not help someone else.
Autistic brains may work differently, but these differences should not be seen as deficits or impairments. It can make situations more challenging for both the individual and those working with them, but with greater understanding and acceptance and a desire to fully acknowledge and understand, change can happen.
About the author
Nicky Tolley is a registered intermediary and qualified speech and language therapist. Since March 2020 she has worked solely as a registered intermediary and independent intermediary in criminal and family court proceedings. She has over 30 years of experience working with children and young people with speech, language and communication difficulties. She has been a lead training provider for the Autism Education Trust and has spoken at the National Autistic Professionals conference. She is passionate about achieving effective communication for vulnerable people within education, social care and the criminal justice system.
