In England, are people with an ASD considered disabled and/or vulnerable under English Law?

In England, under English Law (Mental Health Capacity Act, Vunerable Adults Act, Disability Discrimination Act, Equalities Act, Autism Act, etc), are adults with an ASD considered to be disabled, mentally disabled, vulnerable adults, or similar?

And if so, what are the legal rights of such ASD suffers, what are they entitled to that differ from a non-ASD person, so on and so forth, etc? 

(I have Asperger Syndrome and suffer badly from depression, anxiety, paranoia, fear for the future, difficulty coping with change, etc.  So I am wondering whether I am considered as having a disablity, a mental disability, and/or considered a vulnerable adult.)

Parents
  • Agreed ALADDIN, we have rather hi-jacked your original question, and I was the last to steer it off course, for which apologise.

    However I don't think your original question can be answered by a discussion group as such.  It is one for NAS to answer on the web pages, though a browse through hasn't brought anything up that solves this.

    We had a debate a few months ago about whether AS/aspergers could affect a driving licence. The answer seemed to be that it was up to you to declare if you thought your AS affected your driving, but if you didn't think so you didn't have to.  That tells me two things. It's a grey area and we are deemed capable of choice.

    Whether we are considered to have a disability depends on whether our AS traits/symptoms meet the criteria for the Disability Discrimination Act, though we should consider definitions under the Autism Act.

    I couldn't claim to be disabled because I can get around and hold down a job and look after myself. The fact that I am inconvenienced by social limitations, some noise sensitivity, and focus/obsession doesn't constitute disability under the DDA.  Some people clearly will meet the DDA criteria.

    The problem is then whether the authorities consider us disabled which is why we have the whole rumpus over whether people are entitled to DSA and benefits (now costing us more in Appeals than what is supposedly being saved).

    The other legal issues relate to mental health, mental capacity and social care - whether we need decisions made for us. Again it depends whether our circumstances place us in those categories.

    What we are still stuck with is whether AS/Aspergers defines a disability (or in some circles a mental health condition), or whether AS/Aspergers defines a set of circumstances which for some are disabling/incapacitating, but for others are just inconvenient/unpleasant.

    To be able to answer your question we need to determine whether AS/Aspergers only applies if you are disabled, or whether we recognise AS/Aspergers separately and then whether some people's AS/Aspergers is disabling/incapacitating.

    I suspect, considering the driving licence question, that having AS/Aspergers does not itself constitute a legally governed issue, but if it is disabling or incapacitating then legal factors come into play.

    Many people suffer from arthritis. But not all people with arthritis are disabled.

    Either NAS needs to come in on this, or else the discussion is likely to go off in all directions.

Reply
  • Agreed ALADDIN, we have rather hi-jacked your original question, and I was the last to steer it off course, for which apologise.

    However I don't think your original question can be answered by a discussion group as such.  It is one for NAS to answer on the web pages, though a browse through hasn't brought anything up that solves this.

    We had a debate a few months ago about whether AS/aspergers could affect a driving licence. The answer seemed to be that it was up to you to declare if you thought your AS affected your driving, but if you didn't think so you didn't have to.  That tells me two things. It's a grey area and we are deemed capable of choice.

    Whether we are considered to have a disability depends on whether our AS traits/symptoms meet the criteria for the Disability Discrimination Act, though we should consider definitions under the Autism Act.

    I couldn't claim to be disabled because I can get around and hold down a job and look after myself. The fact that I am inconvenienced by social limitations, some noise sensitivity, and focus/obsession doesn't constitute disability under the DDA.  Some people clearly will meet the DDA criteria.

    The problem is then whether the authorities consider us disabled which is why we have the whole rumpus over whether people are entitled to DSA and benefits (now costing us more in Appeals than what is supposedly being saved).

    The other legal issues relate to mental health, mental capacity and social care - whether we need decisions made for us. Again it depends whether our circumstances place us in those categories.

    What we are still stuck with is whether AS/Aspergers defines a disability (or in some circles a mental health condition), or whether AS/Aspergers defines a set of circumstances which for some are disabling/incapacitating, but for others are just inconvenient/unpleasant.

    To be able to answer your question we need to determine whether AS/Aspergers only applies if you are disabled, or whether we recognise AS/Aspergers separately and then whether some people's AS/Aspergers is disabling/incapacitating.

    I suspect, considering the driving licence question, that having AS/Aspergers does not itself constitute a legally governed issue, but if it is disabling or incapacitating then legal factors come into play.

    Many people suffer from arthritis. But not all people with arthritis are disabled.

    Either NAS needs to come in on this, or else the discussion is likely to go off in all directions.

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