Qualification: NCFE CACHE Level 2 Certificate in Understanding Autism
Unit: Unit 02: Using a person-centred approach to support individuals with autism
Learning outcome: 1 Know how legislation and guidance underpins support for individuals with autism
Assessment criteria: 1.1. Outline the key points of current legislation and guidance in relation to: autism, equality and disability rights, special educational needs, mental capacity and best interests, advocacy
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- The Autism Act 2009 improved the way that adults with autism experience services from the local authority and NHS
- It is the only piece of legislation that has been designed to for a specific condition
- Latest statutory guidance (2015) can be found here
- Equality Act 2010 – makes discrimination unlawful based on 9 characteristics, one of which is disability
- Human Rights Act 1998 – sets out the freedoms and liberties that all citizens are entitled to
- Special Edcational Needs and Disability Act 2001 – students with disabilities must not be treated unfavourably by educational bodies for a reason relating to their disability
- Children and Families Act 2014 – part 3 of the act has provisions for ‘Children and young people in England with special educational needs or disabilities‘
- Mental Capacity Act 2005 – protects the rights of individuals that may not have the capacity to make decisions for themselves
- If a decision is made on behalf of an individual that lacks capacity, it must be made in their best interests
- The Mental Capacity Act Code of Practice provides guidance for adhering to the legislation in practice
- Care Act 2014 – wide-ranging legislation that (amongst other things) puts responsibility on local authorities to assess individuals that may have care and support needs and make arrangements for the appoinment of an independent advocate, where required, who will speak on the behalf the individual
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