Dyslexia, the courts and
reasonable adjustments
The Custody Minefield
Factsheets – Smartphone Series (optimised for smartphone users). Copyright
Michael Robinson 2011.
Text in blue are
hyperlinks which take you to specific parts of this factsheet, or open new
content as a download.
How many people are affected by dyslexia in Britain?
Does dyslexia qualify as a disability under the Equality Act 2000?
I am applying to court and have dyslexia. What should I do
to ensure I do not face disadvantaged?
I am using a solicitor, what should I tell them?
I have dyslexia and want to represent myself or cannot afford a
solicitor, what can I do?
What is the court’s view of someone representing
themselves who has dyslexia?
How
many people are affected by dyslexia in Britain? <Back to
Top>
Britain
has two million severely dyslexic individuals, of which some 1,625,000 are
adults. Some of the world’s most successful people are dyslexic, including Bill
Gates (the founder of Microsoft), Richard Branson (the Virgin Boss), and Thomas
Edison (the inventor).
What
is dyslexia? <Back to Top>
Put
simply, dyslexia is a disorder which can cause difficulties in spelling,
reading and writing. Dyslexia can affect people in different ways. Visual
dyslexia may result in number and letter reversals and the inability to write
symbols in the correct sequence, while auditory dyslexia involves difficulty
with the sounds of letters or groups of letters. Dyslexia can also affect
memory.
While
dyslexia is classified as both a learning and reading
disability, it is more commonly referred to as a Specific Learning Disability.
Does
dyslexia qualify as a disability under the Equality Act 2000? <Back to
Top>
Not necessarily. For a condition to be a disability,
it has to be a physical or mental impairment which has a substantial and
long-term adverse effect on your ability to carry out normal day-to-day
activities.
It may be that your dyslexia does not affect
you to this extent in normal day-to-day life, but most people find court
proceedings stressful, and those stresses can exacerbate dyslexia and how it
affects you. We advise being cautious, and if you have any concerns that your
dyslexia may cause you difficulties with any aspect of court proceedings, we
recommend you inform the court that you have a disability (even if it is not
normally so profound that it affects you in normal life).
Be aware that you are likely to be asked to
look at written evidence during court proceedings, will be questioned, and that
a judge may misinterpret hesitation or poor recollection of events as an
attempt to mislead the court. It is far better to be cautious and inform the
court of your dyslexia from the outset.
While your dyslexia may not count as a disability under the Equality Act 2000, you do have the right to a fair hearing under the Human Rights Act 1998.
I am applying to the court and have
dyslexia. What should I do to ensure I do not face disadvantage? <Back to
Top>
For most
applications to court, you need to complete Form C100. On page 9 of that form, section 11 asks if
you or any of the parties involved have a disability for which you require
special assistance or special facilities. That form provides very little space
for you to set out what reasonable adjustments and assistance you need the
court to grant you. To assist you, we have provided a list of measures which
may assist you and there is no reason why you cannot attach to the Form C100
court application form. You can download our suggested list of reasonable
adjustments by clicking on Dyslexia, the
Courts and Reasonable Adjustments.
We also
recommend you consider asking that there be a pre-trial directions hearing,
where you can discuss what support you need with the judge. Our document
‘Dyslexia, the Courts and Reasonable Adjustments’ includes this request.
Do not
underestimate how stressful court proceedings may be, and the effect of that
stress on you. If you have dyslexia, we strongly recommend you include this on
the application form. While you may normally feel it inappropriate to refer to
dyslexia as a disability, in these circumstances, we recommend you do.
I
am the respondent in a court case and have dyslexia, what should I do to ensure
I do not face disadvantage? <Back to Top>
If you are
the respondent (you are not the person who has applied to the court), you or
your solicitor will be served with paperwork notifying you of the court case.
In these
circumstances you (or your solicitor) will be asked to complete Form C7 which
is the acknowledgment of service.
On page 3
of that form, section 7 asks if you have a disability for which you require
special assistance or special facilities. That form provides very little space
for you to set out what reasonable adjustments and assistance you need the
court to give you. To assist you, we have provided a list of measures which may
assist you and there is no reason why you cannot attach this to the Form C7.
You can download our suggested list of reasonable adjustments by clicking on Dyslexia, the
Courts and Reasonable Adjustments.
We also
recommend you consider asking that there be a pre-trial directions hearing,
where you can discuss what support you need with the judge. Our document
‘Dyslexia, the Courts and Reasonable Adjustments’ includes this request.
A
right to a fair hearing <Back to Top>
Under
section 6 of the Human Rights Act 1998, we all have the right to a fair trial
in court. It is however important, if you suffer from dyslexia, that you ask
the court to make ‘reasonable adjustments’ so you do not face disadvantage.
I
am using a solicitor, what should I tell them? <Back to Top>
We recommend
you print, complete and hand them a copy of Dyslexia, the
Courts and Reasonable Adjustments and that this be included
with the Form C100 if you are the person who is applying to the court, or with
the C7 Form if you are the respondent.
We also recommend you print and hand your
solicitor a copy of The Good Practice
Guide for Justice Professionals published by the Dyslexia
Association.
I
have dyslexia and want to represent myself or cannot afford a solicitor, what
can I do? <Back to Top>
You can represent
yourself, but be aware court cases often require you to manage large quantities
of paperwork, and deal with large amounts of information. If you can afford a
solicitor, or qualify for legal aid, we recommend using the services of a
solicitor experienced in helping people with dyslexia.
If are not
using a solicitor, we recommend you have someone with some experience of the
courts assist you.
What
is the court’s view of someone representing themselves who has dyslexia? <Back to
Top>
The
opinion will vary from judge to judge, and it is important you make them aware
that you have dyslexia or else they may misread hesitation as your seeking to
mislead the court or being disingenuous in some way.
Many
judges (and solicitors and lay advisors for that matter) are ignorant of how
dyslexia affects people, especially when they are under stress. We cannot
overstate how important it is that you make the court aware of your dyslexia
and also provide them with copies of The Good
Practice Guide for Justice Professionals published by the
Dyslexia Association. You should also ask if the judge is aware of sections 5.5
and 5.6 of the Judicial Studies Board’s Equal Treatment Bench Book which sets
out guidance for the judiciary on specific learning difficulties.
With
regard to being a litigant-in-person with dyslexia, the Equal Treatment Bench
Book gives the following guidance to judges:
Representing oneself is highly inadvisable for people with Specific Learning Difficulties. The difficulties of doing so should be made clear, and information on legal advice provided. If the individual still decides to go ahead, clear written guidelines should be provided on court procedures and terminology. The presence of a McKenzie Friend in civil or family proceedings should be encouraged in order to help locate information, prompt as necessary during the questioning of witnesses, and provide the opportunity for brief discussion of issues as they arise. Witness Intermediaries may also work with people with Specific Learning Difficulties and it may not be necessary to restrict this to criminal cases [Equal Treatment Bench Book, section 5.5.4, Judicial Studies Board].
We can recommend
a McKenzie Friend to assist you, but please be aware that most charge. Contact
us at enquiries@thecustodyminefield.com.
Support <Back to Top>
The Custody Minefield offers support forums where you can
ask our team of experienced support staff questions about family law, the
courts and separation. Collectively, we have answered more than 10,000 posts on
other family law related support forums. Visit our Support Forum Page on The Custody
Minefield website to find out how to register.