Online Survey to share your views about the Autism Strategy

There is no autism strategy in Merton, I have been asking dozens of times for the contact details of the 'named' person responsible for the commissioning of services for adults with autism but always get fobbed off to mental heath then to learning disability then back to switchboard and round again, people say someone will call me back but they never do apart from once when they don't have the name because the person does not exist which means Merton Local Authority is breaking the law. I have already confirmed this with the CEO of NAS during the live chat session.

QUESTION

If the Autism Act 2009 says by law the local authority must make provisions to meet the needs of adults with autism spectrum conditions, and also every local authority should ensure that there is a named joint commissioner/senior manager with responsibility for commissioning of services for adults with autism and there should be a team specifically for those with ASD's, then does this mean if a local authority is not doing these things then they are breaking the law ? - a simple YES OR NO answer, there is no grey area, they either are or they are not breaking the law, there cannot be any inbetween.

Mark NAS:

Hi Paull
The Autism Act statutory guidance puts a number of key duties on local authorities and health bodies in England. Local authorities and local NHS bodies have to follow the guidance so long as there is no good reason not to do so. Lack of resources is not a good reason not to implement the statutory guidance.

On appointing an autism lead, the statutory guidance is very clear on this, saying “each local authority should ensure there is a joint commissioner/senior manager who has in his/her portfolio a clear commissioning responsibility for adults with autism. This is the key leadership role locally and local authorities are expected to appoint someone."

Secondly, however, you mention establishing an autism team. Although this is mentioned as an example of good practice in the strategy and in recent NICE guidelines and although local areas are encouraged to develop such teams, there is no direct duty on local authorities to establish an autism team.

Broadly speaking though, you are right. If a local authority is not seeking to achieve the broad aims of the strategy they could theoretically be challenged by way of an application for judicial review. Challenging the local authority through the courts in this way is quite complicated and there are other ways to ensure local implementation of the Act. We are launching a new campaign in May designed to support people at a local level to hold their local authority to account. Watch this space for how to get involved!

Hope this helps - Mark

There is no autism strategy in Merton, I have been asking dozens of times for the contact details of the 'named' person responsible for the commissioning of services for adults with autism but always get fobbed off to mental heath then to learning disability then back to switchboard and round again, people say someone will call me back but they never do apart from once when they don't have the name because the person does not exist which means Merton Local Authority is breaking the law. I have already confirmed this with the CEO of NAS during the live chat session.

QUESTION

If the Autism Act 2009 says by law the local authority must make provisions to meet the needs of adults with autism spectrum conditions, and also every local authority should ensure that there is a named joint commissioner/senior manager with responsibility for commissioning of services for adults with autism and there should be a team specifically for those with ASD's, then does this mean if a local authority is not doing these things then they are breaking the law ? - a simple YES OR NO answer, there is no grey area, they either are or they are not breaking the law, there cannot be any inbetween.

Mark NAS:

Hi Paull
The Autism Act statutory guidance puts a number of key duties on local authorities and health bodies in England. Local authorities and local NHS bodies have to follow the guidance so long as there is no good reason not to do so. Lack of resources is not a good reason not to implement the statutory guidance.

On appointing an autism lead, the statutory guidance is very clear on this, saying “each local authority should ensure there is a joint commissioner/senior manager who has in his/her portfolio a clear commissioning responsibility for adults with autism. This is the key leadership role locally and local authorities are expected to appoint someone."

Secondly, however, you mention establishing an autism team. Although this is mentioned as an example of good practice in the strategy and in recent NICE guidelines and although local areas are encouraged to develop such teams, there is no direct duty on local authorities to establish an autism team.

Broadly speaking though, you are right. If a local authority is not seeking to achieve the broad aims of the strategy they could theoretically be challenged by way of an application for judicial review. Challenging the local authority through the courts in this way is quite complicated and there are other ways to ensure local implementation of the Act. We are launching a new campaign in May designed to support people at a local level to hold their local authority to account. Watch this space for how to get involved!

Hope this helps - Mark