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Equal Treatment Bench Book

Equal Treatment Bench Book, What It Is, Why It Matters, How To Use It

Equal Treatment Bench Book, What It Is, Why It Matters, How To Use It

Updated: August 2025

Quick summary

The Equal Treatment Bench Book is official judicial guidance for courts and tribunals in England and Wales. It helps judges run fair hearings, communicate clearly, and make reasonable adjustments so people can participate on an equal footing. It is guidance, not statute. In practice it is highly persuasive and commonly followed.

What the Bench Book is

The Bench Book is a practical handbook used by the judiciary. It covers equal treatment, communication, trauma informed practice, cultural competency, disability, neurodiversity, language, and vulnerability. It explains principles and gives concrete steps for fair participation.

Key point: The Bench Book does not replace law. It guides the court on how to apply law fairly in real life settings.

Who it is for and how judges use it

Judges, tribunal members, and court staff use the Bench Book during case management and hearings. It is referenced when deciding how long a hearing should be, how questions are put, and what adjustments are needed so parties can participate properly. Advocates also rely on it to suggest fair procedures.

Disability, autism, and communication

The Bench Book includes detailed material on disability and neurodiversity. It recognises that some people process information differently, may need extra time, and may communicate in ways that are direct or atypical. The focus is participation and fairness, not presentation style.

  • Judges should avoid complex or rapid questioning.
  • Breaks can be used to manage overload or fatigue.
  • Written directions should be clear and unambiguous.
  • People should not be penalised for communication differences if the substance is clear.
Note: Traits often seen as difficulties outside court, such as close attention to detail or persistence, can actually work to advantage in legal settings. Precision, thorough record keeping, and clear focus on facts are qualities the Bench Book encourages judges to recognise as strengths when making adjustments.

Common reasonable adjustments

Examples that courts often consider sensible and proportionate:

  • Extra time to read, process, and respond.
  • Shorter sessions with planned breaks.
  • Plain English directions and orders.
  • Allowing written questions or submissions in place of rapid verbal exchange where appropriate.
  • Remote attendance if travel or sensory load is a barrier.
  • Scheduling hearings at times that reduce fatigue or flare ups.

How to ask for adjustments

Ask early, in writing, and link the request to your specific needs. Keep it factual and solution focused. You do not need to disclose your full medical history. Provide only what is necessary to explain the barrier and the fix.

Template paragraph you can adapt

I am a disabled litigant with autism and associated communication difficulties. I process information more effectively in writing and at a measured pace. To ensure effective participation, I request the following adjustments under the Equality Act duty to make reasonable adjustments and with reference to the Equal Treatment Bench Book: 1. Plain English directions and a written timetable of issues. 2. An additional 10 minutes per issue to read and respond. 3. Short sessions with a break every 60 to 90 minutes. 4. Permission to provide certain answers in writing where rapid cross questioning would disadvantage me.

Evidence

A brief clinician letter, diagnostic report, or support worker statement is usually enough. If you do not have paperwork to hand, say so and ask for interim adjustments while you obtain it.

How to cite the Bench Book in submissions

You can cite the Bench Book as persuasive judicial guidance. Keep the citation simple. Mention the chapter or section if you know it. Tie the citation to a concrete request.

With reference to the Equal Treatment Bench Book guidance on disability and communication, I ask the court to list this matter for a longer hearing with planned breaks, and to direct that questions be put in short, concrete steps. This will ensure effective participation and a fair record.

Tips for litigants in person

  • State your needs early, then repeat them succinctly at each key stage.
  • Structure beats flourish. Use headings, short paragraphs, and numbered lists.
  • If you struggle during a hearing, say so and ask for a short break. That is exactly what adjustments are for.
  • Keep a paper trail. Confirm any agreed adjustments by email or a short note to the court.

Short FAQ

Is the Bench Book legally binding
No. It is authoritative guidance that courts commonly follow because it supports fair process.

Do I need a diagnosis to ask for adjustments
No. A diagnosis helps, but the key test is whether an adjustment is reasonable and needed for effective participation.

Can I refer to it if the other side objects
Yes. The Bench Book guides the court, not the parties. You are helping the court run a fair hearing.

Disclaimer

This article is not intended as legal advice. It is a plain English summary based on publicly available guidance and what we have learned through our own research and experience. For legal advice about your specific case, you should consult a qualified solicitor or barrister.

References and further reading

Bottom line: The Bench Book exists to make hearings fair. Use it. Be clear about the barrier, be precise about the fix, and keep everything on the record.

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