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1.2. Outline how legislation and guidance can be used to support individuals with autism.

This page is designed to answer the following questions:

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In the previous section, we explored several pieces of legislation and guidance related to autism.

On this page,we will be looking at how legislation and guidance can be used to support individuals with autism.

Firstly, the Autism Act 2009 and the Care Act 2014 put a responsibility on the local authority to provide a needs assessment for all autistic individuals within their catchment area. This means that if an autistic individual requires support, the local authority are obliged to visit the individual and make a report about what is required as well as support the individual and their family to put this in place.

The Equality Act 2010 and the Human Rights Act 1998 can be used to ensure that an individual with autism is treated fairly by society. Prejudice toward an individual with Autism is unlawful and can lead to legal action being taken against perpetrators. Employers and places of education must ensure that the needs of an autistic individual are taken into account and that they are not treated unfairly because of their differences. This could mean, for example, providing an individual with earplugs or ear defenders if they are hypersensitive to the background noise in their work environment.

Similarly, the SEND (Special Educational Needs & Disabilities) Code of Practice can be used to ensure that an individual with autism gets the support they need at school, college, and other educational institutions.

The Mental Capacity Act 2005 (along with the Human Rights Act 1998) ensures that individuals with autism are free to make their own life choices and that their decisions will be respected, even if they are not viewed as wise by others. This gives individuals choice about the way they live their lives.

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