CHAPTER THREE – WHAT IS NEURODIVERGENCE?
Introduction
Neurodivergence is an umbrella term used to describe a range of neurodevelopmental conditions. In straightforward terms, it refers to the natural variations in the human brain that affect sociability, learning, attention, mood and other cognitive functions. Rather than framing these variations as deficits or disorders, the concept of neurodivergence recognises them as valuable forms of human diversity (Armstrong, 2017).
Individuals described as neurodivergent may include those with diagnoses such as autism spectrum disorder (ASD), attention deficit hyperactivity disorder (ADHD), dyslexia, dyspraxia, dyscalculia and Tourette syndrome. Importantly, neurodivergence is not a medical diagnosis but a perspective that reframes difference as diversity rather than deficit.
The concept of neurodivergence is based on the understanding that there is no single correct way for the human brain to function. Human minds vary in how they process information, regulate emotions and engage with the world. This stands in contrast with neurotypicality. Neurotypicality refers to individuals whose cognitive functioning aligns more closely with socially constructed norms.
In recent years, there has been a significant increase in public attention to neurodivergence, particularly autism and ADHD. Within the United Kingdom (UK), referrals for diagnostic assessments have risen sharply, waiting times have lengthened, and increasing numbers of adults are receiving diagnoses later in life (NHS England, 2025). This trend reflects not only a growing demand for clinical services but also a wider societal shift towards an improved understanding, acceptance and recognition of neurodivergent experiences. Most importantly, archaic myths and misconceptions are being challenged, and the outdated narrative is undergoing redefinition.
Terminology
As discussions surrounding neurodivergence develop, so does the language used to describe it. Terms such as neurodiversity, neurodivergence and neurotypical are now more widely recognised, but they are often applied inconsistently or misunderstood. Within the legal context, unclear or inaccurate terminology can lead to confusion, miscommunication and flawed assumptions about an individual’s needs and abilities. Clarity of language is essential for accurate understanding. The following key terms are defined below and are used throughout this book:
Neurotypical: An individual whose development and behaviour align with socially constructed norms.
Neurodivergent: An individual whose cognitive functioning diverges from these expectations.
Neurodivergence: An umbrella term covering Autism, ADHD, dyslexia, dyspraxia, dyscalculia, and Tourette syndrome.
Neurodiversity: The natural variation in cognitive functioning across humans (Armstrong, 2017).
Neurodevelopmental conditions
Autism Spectrum Disorder/ Autism Spectrum Condition (ASD/ASC)
ASD/ASC is characterised by differences in social communication, sensory processing, social interaction and the presence of repetitive and restrictive patterns of behaviour. Current estimates suggest that it affects approximately 1 in 100 people in the UK, which equates to approximately 1% of the UK population (National Autistic Society). However, it is suspected that the true prevalence is likely to be higher when undiagnosed individuals are taken into account. A more detailed exploration of ASD/ASC and its relevance within the family justice system is provided in Chapter 5.
Attention Deficit Hyperactivity Disorder (ADHD)
ADHD is a neurodevelopmental condition characterised by inattention, impulsivity, and hyperactivity. Prevalence estimates have varied, with earlier figures suggesting that around 8% of the UK population may be affected (ADHD Aware, 2023). However, data published by NHS England in 2025 indicates that the true prevalence is closer to 5% in children and between 2–3% in adults (NHS England, 2025). ADHD is associated with difficulties in executive functioning such as planning, organisation and sustained focus. Strengths include creativity, adaptability, and problem-solving. A more detailed analysis of ADHD and its implications for participation within the family justice system is provided in Chapter 4.
Dyslexia
Dyslexia is defined by the British Dyslexia Association as a “specific learning difficulty that primarily affects the skills involved in accurate and fluent word reading and spelling. Characteristic features are difficulties in phonological awareness, verbal memory and verbal processing speed” (BDA, 2023). Dyslexia is one of the most common neurodevelopmental conditions, affecting approximately 10% of the UK population, with around 4% experiencing more severe forms (British Dyslexia Association, 2024; Dyslexia UK, 2025). It is primarily characterised by persistent difficulties in reading, writing, and spelling.
Dyspraxia (Developmental Coordination Disorder)
Dyspraxia, also referred to as Developmental Coordination Disorder (DCD), is a neurodevelopmental condition defined as a “significant impairment in the development of motor coordination, which interferes with academic achievement and activities of daily living” (American Psychiatric Association, 2013). It is estimated that it affects between 5–6% of school-aged children in the UK (Dyspraxia Foundation, 2023). Children and adults with dyspraxia may face challenges with handwriting, sports, and fine motor tasks, as well as broader challenges of organisation and time management (Hewitt, 2025).
Dyscalculia
Dyscalculia affects a person’s ability to understand and work with numerical information. It affects approximately 5–6% of the UK population (British Dyslexia Association, 2025; Dyslexia UK, 2025). It is characterised by difficulties in understanding numbers, performing arithmetic, and applying mathematical concepts to daily life tasks such as money management and timekeeping.
Although less widely recognised than dyslexia, dyscalculia can significantly impact education and employment outcomes. Research in educational neuroscience has highlighted how dyscalculia is associated with distinct patterns of neural processing differences rather than a lack of cognitive ability (Butterworth, Varma and Laurillard, 2011). Many individuals with dyscalculia excel in creative fields, verbal reasoning and spatial analysis.
Tourette syndrome
Tourette syndrome is a neurological condition defined by the presence of both motor and vocal tics, typically with onset in childhood. Data from the NHS suggests that around 1% of school-aged children in the UK are affected (NHS, 2024). Symptom severity may fluctuate and often diminishes during adolescence, with approximately 80% of individuals experiencing improvement or remission by adulthood (Robertson, Eapen and Singer, 2009).
Tourette syndrome frequently coexists with other neurodevelopmental conditions such as ADHD and obsessive-compulsive disorder (OCD). Although such co-occurrence can present functional and social challenges, many individuals with Tourette syndrome also demonstrate notable strengths, including creativity, perseverance and cognitive flexibility.
Deficit-based and strengths-based lenses
It is evident that there are a wide range of neurodevelopmental conditions. These may exist either in isolation or can co-occur within any individual. Each condition presents a distinct profile of cognitive functioning, often combining valuable strengths with areas of challenge. The interplay between multiple conditions can be complex and highly individual, influencing how a person experiences the world.
The conceptual lens through which neurodivergence is analysed and perceived is important. A deficit-based lens tends to highlight what a person can’t do and emphasises areas of limitation. This often reinforces stereotypes, stigma and negative connotations. A strengths-based lens, in contrast, acknowledges challenges but also highlights abilities, adaptive skills and strategies and meaningful contributions. The same behaviour can appear very different depending on which perspective is applied.
This distinction between a deficit and strengths-based lens is especially important when looking at it in the context of the family court. Assessments of parenting capacity and decisions about a child’s welfare may be shaped by how a parent’s behaviour is interpreted. For example, challenges with executive functioning, sensory processing or social communication may be misread as disengagement, non-compliance or inadequate parenting, when in reality they may reflect neurodivergent differences that can be supported or reasonably accommodated.
The following table illustrates how certain behaviours, when viewed through a deficit-based lens, may be misinterpreted within family court proceedings, and how a strengths-based perspective can provide a more accurate and constructive understanding, particularly when assessing parenting capacity and participation.
| Example | Deficit-Based Lens | Strengths-Based or Balanced Lens |
| ADHD – organisation | Parent is disorganised, misses appointments and cannot manage routines | Parent experiences difficulties with organisation but responds well to structured reminders and support systems |
| Autism – communication | Parent is socially awkward, unresponsive and struggles to communicate | Parent communicates differently, often preferring direct exchanges. With adjustments, they can provide reliable information
|
| ADHD – emotional regulation | Parent is volatile and unable to manage emotions appropriately | Parent experiences strong emotions but shows empathy and benefits from clear de-escalation strategies |
| Autism – parenting style | Parent is rigid, lacks warmth and struggles to adapt to children’s needs | Parent provides predictability and structure, which benefits children. With support, they manage unexpected changes |
| Compliance with court orders | Parent fails to comply with directions due to irresponsibility | Parent finds paperwork and deadlines difficult but complies when tasks are broken down and support is provided |
Adopting a strengths-based or balanced perspective does not deny the existence of challenges, but it ensures that the full picture of an individual’s abilities and potential is recognised. This shift in perspective is essential for fair and informed decision-making within the family justice system.
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References
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