At Reeds, we recognise that our clients have varying characteristics and needs. This series of articles will focus on how we tailor our practice to support neurodivergent clients, with the aim of making their experience within the justice system as stress-free as possible.
What Does Neurodivergent Mean?
Neurodivergent is a term used to describe individuals whose brains function differently to people whose neurological patterns fall within societal norms, i.e. neurotypical. Neurodivergent people may process information, learn and behave in ways that differ from neurotypical people, which can mean their needs vary.
Some neurodivergent conditions include:
- Autism
- Attention Deficit Hyperactivity Disorder (ADHD)
- Dyspraxia
- Dyslexia
- Dysgraphia
- Dyscalculia
- Tourette’s Syndrome (TS)
- Foetal Alcohol Spectrum Disorders (FASD)
What Is Neurodiversity Affirmative Practice?
Neurodiversity Affirmative Practice involves looking at autism, ADHD and other conditions as differences rather than just disorders. It is about recognising that there is not just one perfect standard of being human and that people’s brains can be set up in ways that give them different strengths, but that also make them susceptible to different challenges.
For a lot of neurodivergent people, and particularly young neurodivergent people, being constantly told that the way they perceive situations, communicate or respond to sensory input is wrong can have a huge detrimental impact on their mental health and sense of self. Neurodiversity Affirmative Practice therefore focuses on professionals having an awareness of how differing needs may impact the way that conferences, interviews and hearings should be held in order for person to be able to actively participate in their case without stigmatising that person. It encourages professionals to think about the language they use to describe differences and to empower clients to ask for adjustments without fear of judgment or shame. It is also about developing an understanding with each client about what their particular needs are and how we can best support them, rather than functioning as if one set of adjustments will be appropriate for all clients with a particular diagnosis.
The Capacity Jug Model
I recently attended the National Autistic Society’s 2025 conference and was struck by the Capacity Jug Model, which Dr Holly Sutherland used to explain how neurodivergence can impact people’s ability to engage in tasks.
The Capacity Jug Model states that if we think of a person’s capacity to function as an empty jug, different factors will fill up that jug and once the jug is full a person will have no mental space to take in any further information, focus or effectively participate in an activity.
The factors that may fill up that jug may be a person’s physical needs such as hunger, tiredness or the need to use the bathroom. They may also be sensory factors such as being able to hear an unpleasant sound, being exposed to bright light or wearing uncomfortable clothing.
For neurodivergent people, there may be additional factors which fill up the Capacity Jug. This may be having to make a conscious effort to act in a way that complies with societal norms, but that does not come naturally. This could include focusing on sitting still, using eye contact or not interrupting another person during a conversation. This is commonly known as “masking”.
Additionally, neurodivergent people can often have sensory needs which differ from neurotypical people. This may mean that sensory factors fill up a bigger proportion of their capacity jugs.
Using Neurodivergent Affirmative Practice involves recognising these potential differences and accounting for them in the environments that our clients are exposed to throughout their cases. It’s about considering whether a space may be unfit for a client’s sensory needs and making appropriate adaptations so that they have capacity to participate and absorb information. For instance, it may help to remove unnecessary sensory stimuli and ensure a client’s basic needs are met before expecting them to absorb information, communicate or handle a stressful situation without breaking down. It may also help to give a client information in written or visual format if they struggle with processing speech.
Why Is Neurodiversity Affirmative Practice Relevant to Legal Work?
Because neurodivergence impacts the ways that people experience the world, it is essential it is considered at each stage of a person’s case. Neurodivergence may impact the way that a person responds to a situation, makes decisions and communicates with others. It can therefore be an essential component of their defence against allegations or as part of mitigation evidence if they are sentenced.
In the following articles, I will explain some of the steps that staff at Reeds may take to apply Neurodiversity Affirmative Practice to each stage of our clients’ involvement with the legal system.
We strongly believe that a person should not be punished or shamed for being different. We recognise that if a client needs adjustments to any stage of proceedings in order to effectively participate in their case, that is not a reflection of there being anything wrong with them. By adopting Neurodiversity Affirmative Practice, we aim to empower our clients in providing them with the tools or support required to effectively engage in their cases. We will also continue to advocate for appropriate changes to spaces such as police stations and courts where they fail to account for differences in people’s needs.
All images accompanying this article have kindly been provided by Dr Holly Sutherland. You can find out more about the important work she engages in here.
This article was written by Sian Hukin.
