Section 1: Know how legislation and guidance underpins support for individuals
with autism

Q1: Outline the key points of current legislation and guidance in relation to: (1.1)
Autism
The Autism Act is a specific Act which not only covers children but also adults. The National Autistic Society led a campaign in which the government had to explicitly focus on autism and individuals with it, creating a separate piece of legislation that outlined the rights those with autism have, as well as protecting from all discrimination. The Autism Act 2009 ensures that all individuals in society receive relevant diagnostic services; can be identified with having autism – regardless of their age, have
their needs assessed by the relevant services, support with planning for transitions from childhood to adulthood, staff who are there to support be appropriately trained, and to ensure local arrangements for the support of individuals identified with autism. The Children and Families Act 2014 introduced ‘Education Health and Care Plans’ for children and young people with learning disabilities and autism. Replacing ‘Statement of Special Educational Needs’, this document ensures a continuous approach to
support young people with additional needs.


Equality and disability rights
The Human Rights Act 1998 ensures that regardless, all individuals in society are equal, and therefore have the same rights. The Human Rights Act 1998 wanted to push down on inequality and unfair treatment, so to ensure protection on all individuals on arbitrary arrest and detention, discrimination in work, arbitrary eviction and physical and sexual abuse and exploitation. It was also given out the rights in which every individual in society had, including the right to life, to education, to seek employment, to privacy and the right to marry and to personal relationships of their own choice.
The Children and Families Act 2014 introduced ‘Education Health and Care Plans’ for children and young people with learning disabilities and autism. Replacing ‘Statement of Special Educational Needs’, this document ensures a continuous approach to support young people with additional needs.
The Mental Capacity Act 2005 and the Mental Health Act 2007 combine together to create legislation and policies that work to safeguard and recognise people who may be more vulnerable, such as those with age-related illnesses, mental health needs or autism. It works alongside the Equality Act 2010 to ensure that all individuals have their rights, but moves specifically in to ensure that those with limited capacity are also included, and have the right to make their own decisions and have these respected. This includes those who may not be able to give consent to treatment, but also gives the right to the person with the illness, mental health need or lifelong condition. It ensures that if the person has no support from family, friends or care-workers, a person from the NHS and the local authority can support them, they are called an Independent Mental Capacity Advocate. 2003 Every Child Matters policy is designed to protect and enhance the rights of all children and young people regardless of
special educational needs, learning disabilities or disabilities. It works to maintain enhanced experiences and life choices among young people, focusing on: staying safe; being healthy; enjoying and achieving; making a positive contribution; and achieving economic well-being. From 2010, the government has moved away from supporting with a central budget, and instead, creating the choice for parents to make decisions about their own children using their own tax credits and individual budgets.


Special Educational Needs
From the 1990s, the term ‘equality’ became more and more a part of the language and legislation began to include it ensuring that all individuals in society had rights, knew them and knew what to do if their rights were not being met. As the Human Rights Act 1998 rolled out along with the Education Act 1996, it was important that legislation targeted towards individuals with special educational needs, including autism, learning disabilities and mental health problems was released to support and ensure rights
to those who were most vulnerable to society were included and specified. It is important to note that in all legislation it says that all individuals are seen as equal, regardless of their characteristics, and should not be discriminated against due to any protected characteristics, life-long conditions or mental health problems. The 1970 Education Act brought in allowing those with learning disabilities the right to be formally educated in schools and with the newest release in 1996, has brought in provision
and support for those with special educational needs, which includes autism, as well as empowering authorities to identify and work alongside those with special educational needs and ensure no discrimination took place. The Children and Families Act 2014 introduced ‘Education Health and Care Plans’ for children and young people with learning disabilities and autism. Replacing ‘Statement of Special Educational Needs’, this document ensures a continuous approach to support young people with additional needs. The Special Educational Needs and disability code of practice: 0 to 25 years – January 2015 gives guidance to organisations who work with and support young people who have special educational needs or disabilities. It applies to England, providing statutory guidance on the duties, policies and procedures in the Children and Families Act 2014. The government reassure that
all young people will receive the same support and education regardless of special educational needs or disabilities, ensuring they lead happy and fulfilled lives. 2003 Every Child Matters policy is designed to protect and enhance the rights of all children and young people regardless of special educational needs, learning disabilities or disabilities. It works to maintain enhanced experiences and life choices among
young people, focusing on: staying safe; being healthy; enjoying and achieving; making a positive contribution; and achieving economic well-being. From 2010, the government has moved away from supporting with a central budget, and instead, creating the choice for parents to make decisions about their own children using their own tax credits and individual budgets.

Mental capacity and best interests
The Mental Capacity Act 2005 and the Mental Health Act 2007 combine together to create legislation and policies that work to safeguard and recognise people who may be more vulnerable, such as those with age-related illnesses, mental health needs or autism. It works alongside the Equality Act 2010 to ensure that all individuals have their rights, but moves specifically in to ensure that those with limited capacity are also included, and have the right to make their own decisions and have these respected. This includes those who may not be able to give consent to treatment, but also gives the right to the person with the illness, mental health need or lifelong condition. It ensures that if the person has no support from family, friends or care-workers, a person from the NHS and the local authority can support them, they are called an Independent Mental Capacity Advocate.

Advocacy
The 2001 Valuing People policy takes a more people-centred approach to planning, making it more formal and widespread. It works to increase the number of individuals with learning difficulties and autism in paid employment, and seeks access to community life, and enabling them to manage their own finances through personal budgets.

Q2: Outline how legislation and guidance can be used to support individuals with autism. (1.2)
Some examples of how individuals with learning disabilities, including autism, have used legislation, policies and guidance to support their own lives are described in the examples below. From Samantha’s Case Study, it is seen that her parents may have wanted to protect Samantha from a relationship, however, under the Human Rights Act, Samantha has the right to marry who she wishes. Vadim has autism and likes to take evening walks, due to traits of autism, Vadim could look suspicious to those who do not know him or his condition. After being arrested, Vadim uses his advocate who uses the Human Rights Act to push for Vadim’s release as the arrest and detention is arbitrary and therefore goes against his rights. The Equality Act also works to ensure all people, regardless of disability, condition or other factors, are treated equally and fairly. Ibrahim has autism and therefore may need reasonable arrangements made in the workplace. After his manager, Margaret, fails to tell HR about his condition, he is asked to speed up his pace at work or he may be let go. Under the Equality Act, his employer must make reasonable adjustments to his work and therefore she does not have the right to make work more difficult or discriminate against adjustments he may need.

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