Many adults with an autism spectrum disorder (ASD) need help and support in order to live independently. Others may need accommodation in a residential home. This section provides advice on how adults with an ASD can get services that meet their needs.

The information provided here is based on our understanding of the law. Mostly, we haven't quoted the law directly. Instead, appendix 6 lists the range of legislation which can affect people seeking community care.

For simplicity, this guide is addressed directly to adults with an ASD who are able to understand and interpret the information themselves. However, it can also be used by parents and carers who want to find out more about the rights and entitlements of the person they care for. 

This information is a guide only. Legislation and case law relating to community care are constantly evolving and changing. If you have a problem with community care services you should seek specialist advice on what your rights are (see appendix 3, 'Where to go for further advice'). 

Phrases and abbreviations used are:

  • local authority - local authorities are the local government bodies which have responsibility for providing most community care services. 
  • social services department (SSD) - the SSD is the section in the local authority which has responsibility for assessing community care needs and arranging services.

What is community care?

Community care refers to services provided to vulnerable members of society to enable them to live as independently as possible for as long as possible. Vulnerable members of society could be people who are disabled, older people, people with chronic health problems or mental health needs, drug and alcohol users and many others besides. However, not everyone belonging to these groups will need community care and not everyone who has community care needs fits neatly into one of these categories.

Community care is also a legal term. In the context of the law community care refers to those non-medical services provided by social services departments to help anyone over the age of 18 in the community who is assessed as needing such services. Some community care services are also available to children. You can find out more about this in our information sheet Help with caring for a child with ASD, available from our Autism Helpline (tel: 0808 800 4104, open Monday-Friday, 10am-4pm).

Community care does not include services such as educational provision (whether it is for children or adults), welfare benefits, healthcare or employment services. It is not the responsibility of social services departments to fund or provide these services themselves. If you are having problems with any of these services there are specialist advice agencies, which can help. Details of these are listed at the end of this page.

The law entitles all people who have care needs to services appropriate to meet those needs. Most community care services are provided or arranged by local authorities through their social services departments (SSDs). Some community care services are provided through health authorities. This is particularly the case when an adult has had mental health needs and requires help to live in the community. Where someone is assessed as having health care needs as well as social care needs, there can be a joint funded package provided by both social services and the health authority.

In order to get services you will first need to be assessed as needing them. Normally, an assessment will be carried out by a social worker from your local SSD. They should then draw up a document known as a care plan. This will set out in which areas you need help and how this help is going to be provided. 

Once a local authority has identified a person as having needs which meet their eligibility criteria, they must make sure that services are offered to meet those needs. You can find out more about these eligibility criteria by asking the authority for a copy of their community care plan.

What does the Autism Act 2009 say about assessments?

The Autism Act 2009 was the first ever disability-specific law in England committed to improving the lives of adults with autism in England.

On 17 December 2010, under the provisions of the Autism Act 2009, the Government published statutory guidance for local councils and local NHS bodies setting out what they have to do to ensure they meet the needs of adults with autism in England. As the guidance is statutory, local councils and local health bodies have a legal duty to implement it. Where the guidance says that a local area should do something, this means that they will have to do it by law, unless they have a strong reason not to. Lack of money will not necessarily be a good enough reason.

The guidance is absolutely clear that on receiving a diagnosis of autism, adults with autism should expect to be offered a community care assessment, regardless of their IQ and where they are on the spectrum. It also says that carers can be expected to be informed of their right to a carer's assessment.

The guidance says: "Assessment of eligibility for care services cannot be denied on the grounds of the person's IQ."

As well as this, the guidance also highlights that adults who do not have a formal diagnosis of autism are still entitled to a needs assessment in line with the principle of the  NHS and Community Care Act 1990.

To read more about the Austim Act 2009, autism strategy and autism statuary guidance, you can visit www.autism.org.uk/autismstrategy

How do I get an assessment?

If you are over 18 and are not getting any help at the moment
People come to the attention of their local social services department (SSD) in a number of ways. They may notify the SSD of their needs themselves. A friend or relative may do this for them, particularly if this person is caring for them already. Or another professional like a GP may contact the SSD on their behalf. 

If you want to ask for a community care assessment, a letter you can use this template. When you write to the authority asking for an assessment make sure you keep a copy of the letter you send. Keep all subsequent correspondence between yourself and the authority in a safe place. If you have any problems the correspondence will make it easier to investigate these problems later on.

However the referral is made, the SSD has a duty to carry out an assessment where there is an apparent need. If you have a disability then you have an apparent need. If you have made a request for a community care assessment or you know someone else has and you haven't heard from the social services department within two weeks, give them a call to find out what is happening.

If the SSD decides not to assess your needs you are entitled to complain. To find out more about complaining go to section 8.

If you already have a social worker and/or are getting some help
You may already have had an assessment and not be aware of it. Social workers should make sure that a copy of the assessment and care plan is sent to the person who has had the assessment but sometimes this does not happen. If you receive services from your local authority at the moment, you should ask your social worker or the SSD if you have a care plan and if you can have a copy. If you have a social worker but are not receiving any help you should ask them if you have had a community care assessment. You are also entitled to ask for a copy of the assessment report.

If you are still attending school and have a statement of special educational needs
In the year that you turn 14, your local education authority should notify your SSD that you are reaching school leaving age and may require services when you leave school. The SSD should be involved in meetings where your transition plan is discussed. If the SSD is not involved, you can contact them to ask why.

As part of the transition planning process, the SSD should get an idea of what your future needs might be and arrange a community care assessment. They will then draw up a care plan. They must make sure that you get any help that your care plan says you need.

If you are caring for a person with an ASD
You can request a community care assessment on behalf of the person you are caring for. You can use this template letter. 
 
If you are providing care for someone with an ASD on a regular and substantial basis you will be entitled to a carer's assessment. The purpose of the carer's assessment is to find out whether you have needs in relation to the care you are providing and whether the authority should provide you with any services to help you carry out the care. 

About assessments

A social worker will visit you at home to carry out an assessment. They will complete some forms about how much care you need each day. They need to take into account a number of different factors when completing the assessment including

Breadth of needs

The social worker should look at the impact your needs have on your day- to-day life; they shouldn't just look at the needs themselves. For example, if you have high levels of anxiety you may need someone to be with you to calm you down when you get agitated. You may also need help with going out to the shops or to work because these activities make you anxious.

The assessment should be comprehensive and should include consideration of the following needs:

  • personal/social care
  • health
  • accommodation
  • finance
  • education/employment/leisure
  • transport/access
  • any communication, psychological or other needs associated with the ASD you have.

Preferences  

The social worker should try and find out what your likes and dislikes are. If you hate noise it would not be appropriate for the social worker to suggest you go to a day centre near a busy main road. If you find it hard to express your likes and dislikes then you may want a friend or advocate to be with you during the assessment. To find out more about advocates go to question 9.

The social worker should also speak to your parents or carers to find out about your likes and dislikes. 

Future needs  

Even if you are coping OK at the moment, the social worker needs to consider what needs you may have in the future. In the future the amount of care you need may change or the people who are caring for you at the moment may not be able to. Because your needs may well change the SSD should arrange a review of the care plan and the services you are being offered at least once a year.

SSDs all carry out community care assessments slightly differently. This means that we cannot say for sure which questions you will be asked or how long it will take.

If you have health problems or do not have suitable housing, your social worker should let the relevant professionals know - they should also assess your needs. In some circumstances they may want to work with your GP or seek an assessment of your psychiatric or psychological needs.

What happens after the assessment?

If you have had an assessment of needs, this does not mean you will automatically receive care services.

Prioritising need in the context of Putting People First: A whole system approach to eligibility for social care, the Government's official guidance on eligibility criteria for adult social care, says that everyone should be treated fairly and that the people who are in most need of services should receive them. The guidance sets out four ‘bands’ that define people’s needs, in terms of the risk to their independence (or other consequences) if their need for services is not met. The four bands are low, moderate, substantial and critical.

Social services departments refer to these four bands to decide whether people qualify for support from social care or health services. Social services departments will usually refer to this as a person 'meeting the eligibility criteria'.

Each local authority decides, according to their own resources, which people they can support. For example, some authorities may only cater for people who are assessed as having critical or substantial needs.

If your needs do not meet the eligibility criteria set by your local authority, you will not receive community care services. However, this decision can be challenged through the complaints procedure.

What services will I get?

Living at home

If you currently live at home with your family or by yourself and are happy where you are then the SSD may offer home-based services. The range of home-based services that a local authority can provide are outlined in the Chronically Sick and Disabled Persons Act 1970. These services can be made available to both children and adults and include the provision of:

  • Practical assistance in the home
    This might mean having someone come round to help with cleaning or cooking, or they could help you with paperwork such as bills and letters. If you have physical needs, practical assistance could mean helping you to wash, dress or get out and about.
  • Wireless [radio], TV, library etc
    This could include the purchase of a personal computer or a hi-fi system.
  • Lectures, games outings and other recreational/educational facilities
    Recreational/educational facilities include places in day centres. These services must be provided outside the home.
  • Assistance in travelling to community-based care services
    The local authority is entitled to charge for transport provision. However, they must ignore the mobility component of DLA (if you get it) when making their assessment.
  • Home adaptations
  • H olidays
  • Meals (at home or elsewhere)
  • A telephone

These services can also be offered to children. You can find out more in our information sheet Social services: getting help for your child, available online at www.autism.org.uk/a-z

If you want to move

If you are living at home with your parents and it is more appropriate for you to live independently you should ask your social worker for advice. They may refer you to your local housing department who will try to find somewhere for you to live. They may put you in touch with local housing associations or with an advice centre which can help you find housing. 

If you need to live in a supportive environment where help is on hand through the day, then the SSD can help you find a place in a residential service. Residential services vary in the level of support they offer. In some services there will be carers around helping the people living in the service throughout the day and night. In others, carers may be around for just part of the day or be on call if you need them. Some services are run just for people with ASD, others cater for people with learning disabilities or mental heath needs as well. If you want details of services that are just for people with ASD, the NAS has a database which we can search for you. Call the Autism Helpline on 0808 800 4104 for more information (open Monday-Friday, 10am-4pm).

At present there are only a few services which are just for people with high-functioning autism or Asperger syndrome. 

Self-directed support

If you are eligible for services, your social worker may discuss the option of self-directed support (SDS) with you. SDS puts you in control of your care package by giving you more flexibility and choice in the services and activities that you feel will best meet your needs.

The social worker would ask you to complete a self-assessment questionnaire that asks you questions about your needs. You could complete this assessment with the help of a carer or with the social worker. The self-assessment questionnaire is then used to calculate a personal budget or individual budget which can then be managed and used by yourself or someone you nominate (like a carer or friend who can act on your behalf) to buy services, activities or equipment that can meet your needs.

To find out more, read our information about self-directed support. 

Services received

How soon can I expect services to be provided?

When your community care assessment has been completed you should ask your social worker how soon the services you need will be provided. If you have been assessed as needing a service then the local authority is legally bound to provide this. Sometimes you may have to wait a short time for services to become available.

In all cases local authorities are expected to provide a service within a reasonable time. You have a right to complain if you have to wait a long time without getting any services.

Will I be charged for the services I receive?

You may be. Local authorities have the discretion to charge users for the services they receive. The charges you will be expected to pay will be means tested. Only your income should be taken into account. If you are 18 and over and living at home with your parents, but you are the person who needs help,  the local authority should not look at your parents' income when deciding how much to charge. 

They should not assess your means to pay for services before deciding what services you need. This means that your ability to pay should not influence their decisions over what to provide. 

If the local authority decides to assess your financial situation, guidance states that they should only do this once the community care assessment has been completed. They should be prepared to answer your questions about financial assessment if you have any, and to pass on written information to you about their criteria for assessing financial resources. Again, all local authorities will use slightly different criteria so the levels of financial resources they consider critical will vary between different areas.

If you own your own flat or house and you only need home-based services, the value of your home should not be taken into account when carrying out a financial assessment.

Most local authorities now allow people to receive the funding for their services in the form of Direct Payments. If you are given Direct Payments you will be able to appoint your own staff to help you or fund the day centre placement you want. Direct Payments can also be given to carers so they can fund respite care services. It's important to think carefully before taking up Direct Payments because finding staff or suitable services can be stressful and hard work.

If you are moving into residential care and a means test is being carried out then the rules are different. The guidance on means testing in residential care is available from the Department of Health (details are given in Appendix 5, below). You or your parents or carers should seek specialist advice if you have any questions about financial assessment.

Mental health

I've received treatment for my mental health needs as an in-patient. Are my rights the same?

Essentially yes, you have exactly the same rights as anyone else. If you have recently been discharged from hospital you should have a named social worker who is responsible for ensuring that you receive appropriate services in the community.

There is one big difference however. If you have been compulsorily detained in hospital for treatment (not just assessment) then the local authority has a duty to provide you with appropriate services when you are discharged. Unlike other users of care in the community you cannot be charged for these services.

Making a complaint

I'm unhappy with the service I have received. How do I make a complaint?

The complaints procedure for adults in England changed to a simpler system on 1 April 2009. It was introduced through the Local Authority Social Services and NHS Complaints (England) Regulations 2009. These regulations cover health services and social services.

The new complaints system applies to any complaints made about a local authority; an NHS body (eg a hospital); a primary care provider (eg a GP); or an independent provider (eg a care home).

If people are not able to make the complaint themselves, or have asked another person to act on their behalf, a supporter or advocate (such as a parent or carer) can make the complaint. 

When can I make a complaint?

Complaints have to be made within 12 months of an incident occurring that you were unhappy about, or notice being given. Complaints about incidents that occurred more than 12 months ago will only be accepted if there is good reason for the delay.

You can make a complaint verbally, in writing or in an email. If you make a verbal complaint, a copy of what you have said should be written out and sent to you, to make sure that your complaint has been understood.

What will happen to my complaint?

Once your complaint has been received, you will be sent an acknowledgement. You should be offered the chance to discuss your complaint and how it will be handled, including how long it will take to be resolved.

You do not have to discuss your complaint at this stage. If you choose not to the information that would have been discussed with you will be sent to you instead. But if you do choose to discuss your complaint, the things you say should be written down and a copy sent to you.

The complaint will then be investigated in as quick and effective a way as possible. This might mean that an internal investigation is carried out, or an investigation by someone outside of the organisation. You must be kept informed of progress.

How long will it take for my complaint to be resolved?

You should get a full response to your complaint within six months of the date you originally complained. If this isn't possible, you should get a written explanation and a response should be provided as soon as possible afterwards. (There is no set timeframe within which a complaint must be fully responded to, but if there are significant delays, you could bring this to the attention of an ombudsman. See below for more about ombudsmen.)
 
Organisations who deal with complaints now have to keep records for monitoring purposes and produce annual reports that can be viewed by the public, on request. 

What happens when a decision is made about my complaint?

Once the complaint investigation has been completed, a report will be written up about the way the complaint has been dealt with and the conclusions the investigation has reached. If any action is to be taken to resolve the issue, this will be confirmed now. You will also be told about your right to contact the local government or health service ombudsmen if you are not happy with the response you receive.

Is there anything else I should know?

If you write a letter of complaint, send a copy to the complaints manager at the organisation. The complaints manager logs all complaints on a database. The manager also guides patients and staff through the complaints procedure and promotes changes in the service where they are thought to be needed.

You should keep a copy of all the letters that you send and only ever send copies of important supporting documents. Try not to send the original documents.

If you have tried to resolve an issue through the complaints process but have not had a satisfactory resolution, you have two options an ombudsman or judicial review.

If you want to take things further

If you have been through your local authority's complaints procedure and you are still not happy with the way things have been handled you may be able to complain to the Local Government Ombudsman. The Ombudsman can only deal with cases where maladministration has occurred. For example, if you had to wait a very long time for your SSD to carry out an assessment this could constitute maladministration. They cannot deal with your complaint if you are unhappy with the quality of the services you have received.

The Health Service Ombudsman is very similar to the Local Government Ombudsman, but deals with complaints about the NHS. It investigates complaints about NHS hospitals, GPs, primary care trusts, health authorities, dentists, opticians, pharmacists and any other services provided by the NHS. It cannot look into complaints about private health services.

If you suspect that the local authority have acted outside the law, you may also be able to apply for leave to go to Judicial Review. This is a legal process, which reviews the decisions made by public bodies to ensure that they are within the law. You must seek legal advice before taking this step. Information about finding legal advice is given at the end of this page.

If you are happy with the local authority but not with the service you are receiving

If you are receiving a service such as having a home help visit and you are unhappy with it, you should complain to the person who manages that service as well as the local authority. 

If you live in residential accommodation with support and are not happy you should speak to the manager of the home you are living in. The organisation that runs the home will have a complaints procedure which you are entitled to see. If you feel your complaint is not being listened to then whoever is responsible for managing your care package in the local authority should also be informed. You should also talk to a friend or member of your family who you trust. 

The role of parents 

I'm over 18. What role can my parents legally take in my life?

Once you reach adulthood at 18 the law presumes that you are capable of making decisions for yourself, unless there is evidence that this is not the case. This means that legally no-one, including parents, has the authority to make decisions on your behalf. However with many decisions, getting some help and advice from friends and family is a very good idea. Such decisions might be whether or not you should move house or change jobs. All adults need to talk through big decisions with other people sometimes.

 For some people with ASD explaining what they need and want can be very difficult or even impossible. This is true for people right across the spectrum. Even people who are extremely able and independent may find it hard to get service providers to listen to their point of view. If this is the case for you, your parents may need to speak up on your behalf. 

If you think your parents may not be listened to or may not have your best interests at heart, you might want to find an independent citizen advocate.  A citizen advocate is someone who gets to know what you like and don't like and is able either to help you to say what you want or to say things on your behalf. If you want to find out about advocacy services in your area a charity called Citizen Advocacy Information and Training can help. Their number is given in Appendix 3.

Who will manage my money and legal affairs if I can't?

If you are not able to make decisions about money then you may need someone to be appointed to manage your money on your behalf. If you are claiming benefits your main carer can make applications and receive the money on your behalf. The money will need to be put into a bank account in your name but the carer will be able to draw money out for you. You will need to speak to the Benefits Agency about arranging this.

If you are able to manage your money and property now but worry that at a later date this will not be possible you could write a Lasting Power of Attorney (LPA). Lasting Powers of Attorney replace Enduring Powers of Attorney (EPAs). Since October 2007 it has not been possible to create an EPA although ones already written are still valid.

An LPA is a legal document which gives certain people power to make decision on your behalf. You can decide who these people are and they are known in the document as attorneys. The forms needed to write a LPA can be obtained from the Office of the Public Guardian. Their details are given in Appendix 3.

There are two types of LPAS. The first is known as a Property and Affairs LPA. This gives the attorneys power to make decisions on your behalf with regard to your property. The second is called a Personal Welfare LPA and allows your attorneys to make decisions about your social and health care. If you would like someone to make decisions about both your property and health care you will need to have both a Personal Welfare and Property and Affairs LPA. A Property LPA does not give someone power to make decisions on your health. A Personal Welfare LPA does not give someone power to deal with your property.

You can put restrictions on what your attorneys can do in the LPA. For example you can state on a Property and Affairs LPA that attorneys can only make certain decisions about your money.

Before either type of LPA can be used, they must be registered with the Office of the Public Guardian. Until it is registered with them it is invalid and cannot be used. Your or your attorneys can apply to have the LPA registered. The Office of the Public Guardian will only inform people the LPA is being registered if you have asked people to be informed on your LPA. Once registered an LPA can be used straight away.

Under the Mental Capacity Act 2005 a person can also make decisions on behalf of someone without an LPA or an EPA on a number of informal matters including welfare without having to apply to court. However, for some decisions, especially for those relating to property, it will be necessary for an application to be made to the Court of Protection. The Court can give someone powers to make a decision on a particular matter or may appoint someone to make ongoing decisions. These people are known as deputies.

I live in a residential home. Can my parents still get involved in my care?

Care managers should consult parents when conducting an initial assessment and in making a placement; beyond that the picture is confused. Most residential service providers will have a policy on involving a client's family and you should ask to see this policy when choosing a placement. 

When a person has a condition like autism, which can lead to great social isolation, it is very important to maintain links with family and friends. It is good practice for care homes to support these links. Conflict can arise where a parent feels that the service is not suitable for their child's needs but on these occasions they are still entitled to complain either through the complaints procedure of their child's service provider, or through their local authority, if they are funding the care.

What are Direct Payments?

Recently the Government has instructed local authorities to offer the option of giving payments, instead of services, to people who have been assessed by social services to be in need of services. These are called Direct Payments and are available to both adults and children. A request to receive direct payments should now not be refused except in exceptional circumstances. In Wales, however, local authorities can still choose to refuse to supply these.

For many reasons direct payments are seen as a very positive move for people assessed in need for many reasons. They may represent a move towards empowering individuals to have more choice in the kind of support they need. Flexibility can be increased over when, how and where support services are delivered. In areas where perhaps there is a lack of formal support services for people with autism spectrum disorders, an individual can actively seek to employ their own carer and negotiate with them the help they need.

The local authority should supply you with enough funds to cover the expenses of employing someone directly. These expenses include tax and National Insurance, and police checks.

Notably, the payments can only be used to support the needs assessed by the local authority.

For further information called An easy guide to Direct Payments go to this web page www.dh.gov.uk/assetRoot/04/08/10/38/04081038.pdf

To receive a free copy through the post, write to:

Department of Health Publications
PO Box 777
London SE1 6SH

Each area will administer and co-ordinate Direct Payments differently so contact your local social services department for more information.

Appendices

Appendix 1: a model letter for requesting a community care assessment

Download Word document

Appendix 2: a model letter for making a stage 2 complaint

Download Word document

Appendix 3: where to go for further advice

If you need information about services for people with an ASD or have general questions about community care, call our Autism Helpline. Our telephone number is 0808 800 4104 and we are open from 10am-4pm, Monday-Friday.

If you need support with writing letters or finding out about your rights a good first port of call is your local Citizens Advice Bureau. Their number will be in your phone book. You can also find details of your nearest Bureau on the Internet at www.nacab.org.uk

Citizens Advice Bureaux can advise you on your rights and help you write letters to your local authority. If you need legal advice they can often give details of solicitors in your area who specialise in the type of advice you need.

The Disability Law Service is able to provide legal advice on community care law.
Tel: 020 7791 9800
Email: advice@dls.org.uk
Opening hours: Monday-Friday, 10.30am-1pm, and 2pm-4pm

Carers National Association
Tel: 0808 808 7777
Opening hours: Monday-Friday, 10am-12noon and 2pm-4pm.

There are a number of citizen advocacy schemes operating around the country. To find out more, contact Citizen Advocacy Information and Training (CAIT) on 020 8880 4545.

The Family Fund Trust has recently published a comprehensive guide to options post-16 called After 16 - what next? This is free to young people and their carers. To order, contact:

The Family Fund Trust
P0 Box 50
York YO1 9ZX

The Transition Information Network provides information for parents and professionals who support young people in transition to adulthood. The website also has a section for young people that discusses the transition process with useful links and resources.

Transition Information Network
National Children’s Bureau
8 Wakley Street,
London, EC1V 7QE
Email: tin@ncb.org.uk
Tel: 020 7843 6006
Web: www.transitioninfonetwork.org.uk

To obtain the forms needed to write an Lasting Power of Attorney please contact:

The Office for the Public Guardian
Archway Tower
2 Junction Road
London N19 5SZ
Tel: 0845 330 2900
Website: www.publicguardian.gov.uk

Appendix 4: advice in Scotland

Details of your nearest Citizens Advice Scotland will be in your local phone book or you can look at the Citizens Advice Scotland website at www.cas.org.uk

Appendix 5: further reading

If you want to read more about community care law in England and Wales, the following books may be of interest.

Clements, L. (1996). Community care and the law. The Legal Action Group. ISBN: 0905099745

Mandelstam, M. (1997). An A-Z of community care law. Jessica Kingsley Publishers. ISBN: 1853025607
 
Mandelstam, M. (1998). Care practice and the law. Jessica Kingsley Publishers. ISBN: 1853026476

Hall, D. (2005). Help at home: a guide to community care services in England. Disability Alliance. ISBN: 1903335345

Relevant Department of Health guidance and circulars can be downloaded from their website at www.doh.gov.uk/coinh.htm  The following guidance may be relevant:

Charging for residential accommodation guidance (CRAG).

Community care in the next decade and beyond.

Prioritising need in the context of Putting People First: a whole system approach to eligibility for social care. Guidance on eligibility criteria for adult social care, England 2010.

Appendix 6: Where to go for advice on other issues

Benefits
If you have a simple question about filling in an application form, the Benefit Enquiry Line may be able to help. The number is 0800 88 22 00. This is also the number to call if you want a copy of a benefits application pack. 

If you need advice on which benefits to apply for or on filling in the forms, contact our Autism Helpline on 0808 800 4104 to book a telephone appointment with our welfare rights adviser.

Alternatively, you may wish to contact the welfare rights department of your local authority or your nearest Citizens Advice Bureau (CAB). Not all local authorities run welfare rights departments so ask your social worker or call the town hall to find out. Details of your nearest CAB will be in your phone book.

The Disability Law Service also has a benefits expert. Their contact details are provided in Appendix 2. Both the Disability Law Service and the Disability Alliance are very good at providing specialist advice if for example you need to appeal when your application for a benefit is turned down. They can be hard to get through to so if you have a simple enquiry it is better to try local advice services or the Benefit Enquiry Line first. 

Equipment
If you need a piece of specialist equipment to help you at home, the Disabled Living Foundation may be able to help. Their number is 0870 603 9177 and they are open between 10am-4pm weekdays. They also have a website www.dlf.org.uk

If you want advice on computer equipment then AbilityNet may be able to advise. They offer a helpline advising disabled people on how to make best use of computer technology. The number is 0800 269545 and they are open from Monday-Friday, 9am-5pm.

Housing
If you are unhappy about the housing you are being offered at the moment and you are not living in a residential home, Shelter may be able to advise you on your housing rights. They run a 24-hour advice line on 0808 800 4444.

Employment
Information about employment for people with an ASD is available at www.autism.org.uk/employment  Alternatively, you can request information from the Autism Helpline:

The Disability Law Service can also provide advice on employment rights and what to do if you have been discriminated against. Their contact details are provided in Appendix 2.

Appendix 7: legal references

The following list details the parts of law on which this information is based. If you have concerns about the law wed suggest speaking to one of the advice organisations listed in the next appendix.

Section 21 of the National Assistance Act 1948 gives local authorities a duty to provide residential services to people in their area who need them. 

Section 29 of the National Assistance Act 1948 gives local authorities a duty to provide domicilary [home-based] services to people in their area who need them.

Section 2 of the Chronically Sick and Disabled Persons Act 1970 outlines the range of services that a local authority can make under section 29 of the National Assistance Act 1948. These are also outlined in the answer to question 4.

Section 7 of the Health and Social Services and Social Security Adjudication Act 1983 gives local authorities the power to charge for services.

Section 117 of the Mental Health Act 1983 gives local authorities a duty to provide after care services to people who have been compulsorily admitted to hospital under section 3 of the same act.

Section 5 of the Disabled Persons Act 1986 requires local education authorities to find out from social services departments whether a young person is registered as disabled when they are approaching school leaving age and if they have a statement. If they are registered as a disabled then someone from social services should be invited to attend their first annual review after the age of 14 when transition to adult services will be discussed.

Section 17 of the Children Act 1989 places a duty on local authorities to provide for children in their area.

Section 47 (1) of the NHS and Community Care Act 1990 requires local authorities to carry out an assessment of an individual's needs if they may require community care services.

Sections 1 and 2 of the Carers and Disabled Children Act 2000 deals with the right of carers to assessment and services.

Legislation can be downloaded for free from the internet by going to www.hmso.gov.uk/acts.htm and searching for the name of the Act you want.

If you require further information please contact our Autism Helpline.

 

Quick link to this page: www.autism.org.uk/17377