CAN YOU SUE THE NAS FOR NEGLECT ?

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 ?

Parents
  • What the autism act actually says is that the government must issue a set of rules for councils and the NHS on:

    • services diagnosing autistic spectrum conditions in adults

    • the identification of adults with autism

    • performing needs assessments for adults with autism

    • making and carrying out transition plans for autistic children why are about to reach adulthood

    • planing services for autistic adults

    • Properly training staff who provide services for autistic adults

    • putting someone in charge of organising these services.

    If they fail to follow these rules it can be challenged in court.

Reply
  • What the autism act actually says is that the government must issue a set of rules for councils and the NHS on:

    • services diagnosing autistic spectrum conditions in adults

    • the identification of adults with autism

    • performing needs assessments for adults with autism

    • making and carrying out transition plans for autistic children why are about to reach adulthood

    • planing services for autistic adults

    • Properly training staff who provide services for autistic adults

    • putting someone in charge of organising these services.

    If they fail to follow these rules it can be challenged in court.

Children
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