Published on 12, July, 2020
Happy days quote "The Autism Act is a good piece of legislation, but I wonder how much teeth it has? I know that the Act is supposed to make the public sector aware of the needs of people with autism/aspergers, but I don't know how I could benefit from it?"
The act is a framework like any bill, it has to be tested in court to establish the teeth as you put it, that involves court test cases to set presidences of law, HAPPY DAYS V NAS, so the problem is ? who is going to enforce the act via the courts, the NAS should be the advocate, but are looking the other way, whistling nothing to do with us.
So you have a catch 22, looks good on paper, but the councils etc, will do the minimum especially under the current economical climate. Autistic people are emotional screwed so they can't challenge a court, so unless the parents or guardians challenge the situation this act will be worthless. The NAS should be grouping test cases together and being the advocate for the condition. Politically this will not happen because they are just a vehicle of the state, which has hijack the autistic community with a state treasure chest to hush some people off.
The fact this act came from a MP's private members bill, this may be a reason why, so the state can be challenged via the courts because obvious there is a vulnerable gap which is not getting filled by the NAS and other state instititions. So my question is ? Can you sue the NAS and other state institutions for neglect under the Autism Act ?
And in fairness to NAS they're not legally empowered to sue people on behalf of autistic people. They have however sought to get involved in autism related lawsuits a number of times.
C & C v The Governing Body of a School:
The case where it was established you can't avoid the equality act by claiming an autistic kid was violent.
X Endowed Primary School v Special Educational Needs and Disability Tribunal:
An earlier case about a similar matter.
KM, R (on the application of) v Cambridgeshire County Council:
A case arguing about how much disability related benefit a council ought to pay. Spificly how the number should be calculated.
MM & DM, R (on the application of) v Secretary of State for Work and Pensions
A case against the government about how disabled people eligibility for disability benafits should be assed.
P (by his litigation friend the Official Solicitor) v Cheshire West and Chester Council
A case about when and how authorities must go to court to get permission to lock people up who lack mental capacity.
A v Essex County Council
A case about the right of disabled children to have an education.
So it would appear NAS will go to court for 3 things
The people who should really be going to court for autistic people and have the legal power to do so is the equality and human rights commission But they are chronically underfunded.