Proposal for the creation of a new autistic rights charity

So I’ve been thinking about a hypothetical charity that could help protect autistic people from discrimination. I’d like to hear peoples thoughts about my idea. Does it seem plausible. If it existed would you personally use it?

As mentioned in other threads if you are discriminated against because of your autism and it isn’t something that would end up in a judicial review or employment or special educational needs tribunal you will only be able to enforce the law by suing the person or organisation discriminating against you.

What’s worse you will usually not be able to claim any legal aid. Unlike physical disability cases, cases involving discrimination against autism can be quite complex, you’re often primarily seeking an injunction not damages, so you may end up on the fast or multi track at the county court instead of the small claims track. If that happens and you loose you have to pay for the other sides lawyer. It can be hard to find a lawyer to represent you on a no win no fee basis since even if you win the damages could be quite small for them to claim a share of.

As Doug Paulley (who has brought a number of disability discrimination cases to court on his own without a lawyer) put it, “Nowadays, it’s almost impossible to find money for legal representation (i.e. solicitors etc.) Thanks to the Government, the Legal Aid system is on its knees, and even “No Win No Fee” solicitors struggle to take on Equality Act cases due to poorly thought-out changes in funding rules.”

Consequently I propose a new access to justice charity with the working title autism 114. Section 114 of the equality act is the section that covers all the discrimination that isn’t covered by a special case like employment tribunals. The kind of cases you can’t usually get legal aid for.

This would include cases against:

• Shops
• Bars
• Gyms
• Leisure centres
• Community centres
• University’s
• Adult collages
• Student unions
• Cinemas
• Restaurants
• Driving schools
• Online services (eg social media)

And many many more.

The charity would have the related twin aims of:

• Prevention of discrimination against autistic people
• And ensuring access to justice for autistic people.

The charity would pursue this via the following activities:

• Funding legal advice for autistic people considering bringing a case under section 114.
• Funding the legal costs including representation and advice for autistic people bringing a case under section 114.
• In exceptional cases funding legal cases involving autistic people arising out of previous cases brought under section 114.
• Conducting research into discrimination against autistic people
• Publishing resources, guides and information pertaining to autistic people, discrimination and the law and legal system.

Why is there a need.

• Cases under section 114 involve the autistic person suing in court. Legal aid is generally not available.
• Because autism is a complex disability there is a greater chance of it ending up on the fast or multi track where the autistic person can be liable for the other sides costs.
• Even on the small claims track the legal issues may be complex enough that an autistic person may struggle to make a good case without a lawyers assistance.
• Because of these obstacles cases rarely get into higher courts which means there is little section 114 caselaw about autism discrimination (as opposed to say discrimination against wheelchair users)

Seeking funding

The fastest way is probably to approach notable philanthropists who might be sympathetic to such a cause. Long term, public fund raising is the only way to keep something like this going, but once you’ve pushed a few cases through the courts you’d have a track record you could use to fund raise with. Initial funding to push a handful of cases through court would start things going. Especially if one or two of those cases went on to make notable caselaw.