Legislation, Policy and Guidance
Information about legislation, policy and procedures that have been created to support and protect people through the law
1. The Autism Act 2009
2. The Equality Act 2010
3. The Care Act 2014
4. Education Acts
5. The Children and Families Act 2014
6. The Children Act 2004
7. The Mental Capacity Act 2005 (MCA)
8. Mental Health Acts
9. The Human Rights Act 1998
10. 2001 Valuing People
11. 2003 Every Child Matters (ECM)
12. Special Educational Needs and disability code of practise 0-25 years, 2015
1. The Autism Act 2009
The Autism Act 2009: This legislation makes provision for the needs of adults who are on the autism spectrum. Local authorities are required to develop a local autism strategy and work on how to achieve the priorities. North Yorkshire County Council’s autism strategy is called ‘The Changing Landscape of Autism in North Yorkshire (2015)’. This has been reviewed and a 2020 strategy is due. The strategy covers things that are important to people including the right to ask for an assessment, autism awareness training for NHS and school staff, effective transitions through education and into adulthood as well as improving access to support and advice.
2. The Equality Act 2010
Equality Act 2010: This legislation requires service providers including employers and educational institutions to make ‘reasonable adjustments’ so that all people, including those on the autism spectrum, can access their services. Public sector organisations are also required to ‘anticipate’ and make provisions for people with additional needs.
3. The Care Act 2014
The Care Act 2014: This legislation sets out what local authorities must do to ensure that the needs, safety and well-being of adults in social care are met. It should ensure that individuals and their well-being are at the centre of all decisions that are made about their lives.
Some people might find it difficult to process information or communicate their thoughts. If someone has substantial difficulty in being involved in decision-making about their care then they must be supported by an appropriate advocate. In some cases this will be a family member.
4. Education Acts
Education Acts: Education acts look at all areas of education provision, including for example Early Years Provision, Post-16 Education and Training, and Direct Payments. The Education Act of 1996 was about providing the necessary support for children with Special Educational Needs (SEN), including those on the autism spectrum. It led to local authorities identifying and supporting children with SEN in schools.
5. The Children and Families Act 2014
The Children and Families Act 2014: This legislation is to support all children, young people and their families to succeed, regardless of their background. This includes legal duties about improving the level of support schools need to give children with medical conditions, clarifying the rights to support from their county councils for young carers and parent carers, and giving families the option of an independent budget linked to Education Health and Care Plans (EHCs) for ages 0-25.
6. The Children Act 2004
The Children Act 2004: This act is to make the UK a safer place for children and young people. It includes provisions about children’s welfare and wellbeing. Some of the things it covers are provisions for fostering and adoption, help for those in poverty, checking attendance at school, making grants for families and children and child safety orders. It places a ‘duty to co-operate’ on all services who work with children.
7. The Mental Capacity Act 2005 (MCA)
The Mental Capacity Act 2005 (MCA) : This legislates that all people over 16, including those with mental health conditions, learning disabilities or physical conditions, have the right to make informed decisions about their lives that must be respected. This includes decisions both about day-to-day things such as shopping and clothing, as well as big decisions about where to live and accepting medical interventions. If someone is unable to make decisions in one or more areas of their lives, then the MCA 2005 sets out what needs to be done to meet their best interests in these areas.
8. Mental Health Acts 2005
The Mental Health Act 2005 and The Mental Health Act 2007: This legislation is to give recognition that those with limited capacity have the right to make their own decisions and to have these decisions respected. If a person is assessed as lacking capacity then a suitable person such as a family member, friend or carer can be appointed to help make decisions in the best interests of the person. If no-one is suitable, then the NHS and the local authority have a duty to appoint an Independent Mental Capacity Advocate (IMCA) to support the person. The Mental Health Act Code of Practise explains what rights a person has and where they can seek help if they are detained under the Mental Health Act (sectioned).
9. The Human Rights Act 1998
The Human Rights Act 1998: This law is to protect all individuals from discrimination and unfair treatment. It is to help individuals to defend their rights in the UK courts. It includes protection from discrimination, abuse and exploitation. It places duty on public organisations like the government, the police and local councils to treat everyone equally with fairness, dignity and respect. The act guarantees freedoms to every person, such as the right to life, education, privacy, to marry and have personal relationships of their own choice and the right to seek employment.
10. 2001 Valuing People
2001 Valuing People: Valuing People Now (2009) was built upon the Valuing People (2001) policy. It aims to ensure the rights of all people including those with leaning disabilities and autism to live their lives like anyone else. The aim is to increase person-centred planning by making it part of government policy. Goals include supporting individuals to make choices, including managing their finances through the provision of personal budgets.
11. 2003 Every Child Matters (ECM)
2003 Every Child Matters (ECM): This policy is to protect and enhance the rights of all children and young people up to the age of 19, or 24 for those with disabilities. Key areas have been identified and these are staying safe, being healthy, enjoying and achieving, making a positive contribution and achieving economic well-being. In order to achieve the best results, co-operative multi-agency work is needed. Agencies may include children’s centres, Early Years, schools, children’s social work services, primary and secondary health services, and Child and Adolescent Mental Health Service(CAMHS).
12. Special Educational Needs and disability code of practice: 0-25 years, 2015
Special Educational Needs and disability code of practice: 0-25 years, 2015: This code covers the age-range 0-25, providing guidance related to children and young people with disabilities and those with Special Educational Needs. It sets out duties, policies and procedures for bodies including local authorities, education, care, Early Years Providers and Youth Offending Teams. The guidance has a clear focus on the participation of children, young people and parents in making decisions on individual levels as well as at strategic levels. There is a focus on high aspirations and improving outcomes for children and young people.