Hi, my name is Camellia! Autism Reasonable Adjustments in court

Camellia

Hi I will be a litigant in person at a first tier property tribunal and will need to request reasonable adjustments- is there any way I can request to do it by papers etc given my autism and comorbid conditions. 

I have diagnosed dyspraxia and slowed processing and suspect ADHD and other issues that are quite common with neurodivergence. 

I ask because I do not cope at all well having to think on my feet in high stress high stakes situations and it takes me several times longer than it likely would if I did not have autism, dyspraxia etc 

I can find it difficult to take in what I read (without having to reread things repeatedly) and also to express more complex issues in writing clearly and persuasively (again needing to rewrite it repeatedly)- tendency to be verbose and tangential. 

Does anybody have any experience of asking for such adjustments? 

What adjustments helped you the most? 

and what can I do if my request is declined?   

L_Volunteer

Hello @Camellia. Welcome to Scope’s forum. It is great to see you have joined us. How are you at the moment?

You have done such a great job at reaching out to us. I appreciate how much courage it can take to reach out, especially when having such a difficult and confusing time and new to the forum.

Unfortunately, I do not have lived experience in relation to your question which means I am hoping someone with more experience in this area can respond to you soon.

In the meantime, I am wondering if there are any professionals involved with the tribunal that you may be able to contact and ask based on your own needs.

I am aware this probably varies between people based on their individual needs and circumstances. What is reasonable in one case won’t necessarily be reasonable in another case.

If we can do anything to support you further with this please don’t hesitate to let us know. At the very least, we are all here for you and listening to you 

Elysium

Camellia said:

Hi I will be a litigant in person at a first tier property tribunal and will need to request reasonable adjustments- is there any way I can request to do it by papers etc given my autism and comorbid conditions. 

I have diagnosed dyspraxia and slowed processing and suspect ADHD and other issues that are quite common with neurodivergence. 

I ask because I do not cope at all well having to think on my feet in high stress high stakes situations and it takes me several times longer than it likely would if I did not have autism, dyspraxia etc 

I can find it difficult to take in what I read (without having to reread things repeatedly) and also to express more complex issues in writing clearly and persuasively (again needing to rewrite it repeatedly)- tendency to be verbose and tangential. 

Does anybody have any experience of asking for such adjustments? 

What adjustments helped you the most? 

and what can I do if my request is declined?   

Hi Camelia, I have LOTS of experience of this and have represented myself (and won) several times in court. You should email a list of the reasonable adjustments to the clerk presiding over your case well in advance with the case ref in the header and DISABILITY ACCESS in caps. To refuse your accommodations would be disability discrimination so it’s unlikely they will refuse. Have a think about what you will need in such a high pressure situation and get back to me and we’ll formulate a list. I would definitely ask for:
• a private room to sit in quiet AWAY from other members of the public and the respondent so you’re not triggered 
• a ‘mckenzie friend’ to sit with you who knows your needs, triggers & signs you’re not coping & who will alert them if you become unable to speak during the tribunal, speak for you (point to what you want read out) and to ask for breaks if you start having a meltdown, crying or for whatever reason due to your disability, cannot proceed (I had 5 15 min breaks during my last tribunal) Be aware that sometimes we try to ‘plough on through’ when we are in meltdown and you will need to tell your friend to remind you to take a break when this happens…and you will need to listen to your friend not say ‘I’m fine…’
• the respondent to LEAVE once they’ve given evidence and a screen to be put up so you can’t see them if they are or have been hostile or threatening in ANY way previously or have any negative impact on your ability to represent yourself fully
• if you’re questioning the respondent yourself, have in mind what you want them to disclose under oath and come up with a bullet point list of questions that lead them to your desired outcome using the ‘since, then, because’ model (I can’t give examples as I don’t know your case but basically you need to ask questions that’ll cause them to admit wrongdoing starting with ‘Isn’t it true that you…’
• all question to you to be put in writing IN ADVANCE so you can prepare your answers
• Go through your case ‘Bundle’ IN ORDER when presenting your case and ask the tribunal to take note of key evidence, directing them to page numbers eg ‘your honours as you can see on page x…’
• Meditate beforehand and during breaks eg square breathing to stay regulated & focus on slow, steady breathing
• Eat & drink water beforehand
• take caffeine beforehand to help with focus but not too much

If I can do it so can you! X

Camellia

Hi L_volunteer, Thanks for getting back to me - I will need to search the tribunal website to see if there is any info on disability, reasonable adjustments etc. I will also be in contact with the Disability Law Service in London (a not for profit organisation). Fingers crossed 🤞they will be able to advise. 

Elysium

*edit - The quiet room away from others is for when your waiting to go in to court, which can sometimes be all day so bring food & water! I’ve waited all day only to be told that my case won’t be heard that day. It’s worth telling the clerk of the court immediately on arrival that you are disabled and need to be seen first or early if possible. If you’re still in your waiting room and they go for lunch it’s unlikely you’ll be seen that day. 

Camellia

Elysium said:

Camellia said:

Hi I will be a litigant in person at a first tier property tribunal and will need to request reasonable adjustments- is there any way I can request to do it by papers etc given my autism and comorbid conditions. 

I have diagnosed dyspraxia and slowed processing and suspect ADHD and other issues that are quite common with neurodivergence. 

I ask because I do not cope at all well having to think on my feet in high stress high stakes situations and it takes me several times longer than it likely would if I did not have autism, dyspraxia etc 

I can find it difficult to take in what I read (without having to reread things repeatedly) and also to express more complex issues in writing clearly and persuasively (again needing to rewrite it repeatedly)- tendency to be verbose and tangential. 

Does anybody have any experience of asking for such adjustments? 

What adjustments helped you the most? 

and what can I do if my request is declined?   

Hi Camelia, I have LOTS of experience of this and have represented myself (and won) several times in court. You should email a list of the reasonable adjustments to the clerk presiding over your case well in advance with the case ref in the header and DISABILITY ACCESS in caps. To refuse your accommodations would be disability discrimination so it’s unlikely they will refuse. Have a think about what you will need in such a high pressure situation and get back to me and we’ll formulate a list. I would definitely ask for:
• a private room to sit in quiet AWAY from other members of the public and the respondent so you’re not triggered 
• a ‘mckenzie friend’ to sit with you who knows your needs, triggers & signs you’re not coping & who will alert them if you become unable to speak during the tribunal, speak for you (point to what you want read out) and to ask for breaks if you start having a meltdown, crying or for whatever reason due to your disability, cannot proceed (I had 5 15 min breaks during my last tribunal) Be aware that sometimes we try to ‘plough on through’ when we are in meltdown and you will need to tell your friend to remind you to take a break when this happens…and you will need to listen to your friend not say ‘I’m fine…’
• the respondent to LEAVE once they’ve given evidence and a screen to be put up so you can’t see them if they are or have been hostile or threatening in ANY way previously or have any negative impact on your ability to represent yourself fully
• if you’re questioning the respondent yourself, have in mind what you want them to disclose under oath and come up with a bullet point list of questions that lead them to your desired outcome using the ‘since, then, because’ model (I can’t give examples as I don’t know your case but basically you need to ask questions that’ll cause them to admit wrongdoing starting with ‘Isn’t it true that you…’
• all question to you to be put in writing IN ADVANCE so you can prepare your answers
• Go through your case ‘Bundle’ IN ORDER when presenting your case and ask the tribunal to take note of key evidence, directing them to page numbers eg ‘your honours as you can see on page x…’
• Meditate beforehand and during breaks eg square breathing to stay regulated & focus on slow, steady breathing
• Eat & drink water beforehand
• take caffeine beforehand to help with focus but not too much

If I can do it so can you! X

Thank you Elysium for such a comprehensive answer based on your lived experience - your suggestions of a quiet room to escape to if needed for short breaks, a list of all questions in advance and writing to the clerk well ahead of time to request reasonable adjustments will be extremely helpful! 

Thank you again 

Camellia 

 

just4once

Thank you for this I too am self representing got a five day employment hearing next year and found this information very helpful thank you

Camellia

just4once said:

Thank you for this I too am self representing got a five day employment hearing next year and found this information very helpful thank you

I hope you have got support and all goes well. I think ACAS may be able to help you - they may be able to act as an intermediary and/or give advice over the phone but you would need to contact them directly to get it from the horse’s mouth so to speak. 

just4once

no luck at all with acas unfortunately and support through court lost my file after the person working for them left I have until the 07/03/2023 to file my statement ect hanging on in there barely with it thanks to the support of friends and family 

Camellia

just4once said:

no luck at all with acas unfortunately and support through court lost my file after the person working for them left I have until the 07/03/2023 to file my statement ect hanging on in there barely with it thanks to the support of friends and family 

That sounds like a mess. I hope you can somehow manage to get the support you need. I am surprised that there is nobody from support through court who has been able to take over.