The courts have an important role in determining how the law works for people with autism, which is why in 2009 our Policy and Campaigns Team started to develop its legal campaigning work.

The results have been groundbreaking: we have successfully intervened in a number of high-profile legal cases; and single-handedly launched an Autism Legal Network (ALN), which brings together legal professionals, charities and other organisations who are interested in making the law work for people with autism.

The impact of our legal work

The benefits this work has on the lives of people with autism and their families are far reaching and can help ensure long-lasting change.

Through our legal work, we have been able to:

  • use the courts to set legal precedents and influence the legal process in cases concerning disability, education, human rights and extradition
  • identify and clarify gaps in the law to ensure better protection and support for people with autism
  • educate the courts and legal profession about autism and the issues that people with autism and their families and carers face.


This work stands to benefit all people with autism, their families and carers, because changes that are made are to the law itself.

How it works

Our legal work covers two key areas:

Legal intervention work

This involves us intervening or 'joining in' on legal proceedings by providing valuable evidence to the court on a particular case.

We have intervened in a number of significant cases, including:

  • A (Appellant) v Essex County Council (Respondent) [2010] UKSC 33
    This case concerned the application of the right to education for children with special educational needs (SEN) or a disability under human rights law. As a result of our involvement, the case clarified that there is an individual right to education for all children with disabilities. Local authorities who fail to provide children with autism with an education are at risk of being sued for having breached the human rights of those children.
  • Governing Body of X Endowed Primary School v Special Educational Needs and Disability Tribunal and others [2009] All ER (D)257 (Jul)
    This case raised a narrow but important point relating to conditions excluded from the scope of the Disability Discrimination Act 1995. The case has implications for practitioners representing children who have been excluded from school for bad behaviour that is caused by their disability.
  • McKinnon v Secretary of State for the Home Department [2009] EWHC 170 (Admin) (23 January 2009) / McKinnon v Secretary of State for the Home Department [2009] EWHC 170 (Admin) (23 January 2009)
    We also intervened in the highly publicised case of Gary McKinnon, who continues to fight against extradition to the US on charges of hacking into military computers. Our intervention influenced the court's decision to grant permission to review the decision to extradite Mr McKinnon at a time not long after Mr McKinnon was diagnosed with Asperger syndrome. You can read the recent judgments in the McKinnon case in full on the British and Irish Legal Information Institute (BAILII) website, which gives free access to British and Irish public information:


The types of cases we can intervene in:

  • There are a number of legal and practical considerations that are made before an intervention can happen, but we focus on intervening in the most strategic cases ie those that have the potential to carry the biggest legal impact for people with autism and their families.
  • We can only intervene in cases where: solicitors are already acting for the individuals involved; the case has reached a particular stage in the legal process or is due to be heard in higher court; and an opportunity has arisen for us to act as an intervener or to support one of the parties.
  • We do not have our own in-house legal department and cannot give specific legal information and/or advice to service users or members of the public, or represent people at hearings. Details of where to seek specialist legal advice can be obtained from our Autism Helpline or the Law Society.


We rely on the identification of suitable cases to support. If you have a potential case, or want to know more about this work, please contact legal.development@nas.org.uk

Autism Legal Network

The Autism Legal Network (ALN) was launched in July 2010 at the Law Society. 

It is open to legal professionals, charities and NGOs, or people with an interest in making the law work for people with autism. We aim to host roundtable discussions three times a year, in order to give members the opportunity to share information as a group on the legal issues affecting people with autism and to network. 

Issues at the roundtable discussion groups have included our campaign on child and adolescent mental health services (CAMHS), You Need To Know, and the legal implications of the Autism Act 2009.

Membership of the network is free. If you or your organisation are interested in joining, or want to find out more, then please contact legal.development@nas.org.uk

For copies of the speakers' presentations from past discussions, or for a copy of the most recent ALN newsletter, please contact legal.development@nas.org.uk