Autism and the Law

The following article is taken from our Autism-Informed Practice course.

Understanding how autistic individuals are protected by UK law is essential for counsellors and psychotherapists. It directly impacts your responsibilities when working with neurodivergent clients. This article will explore autism and the law by looking at the legal framework for safeguarding autistic individuals, focusing on your obligations to make reasonable adjustments and enhance therapeutic accessibility.

Learning Outcomes

By the end of this article, you will:

• Identify key legislation that protects autistic individuals in the UK.
• Understand therapists’ responsibilities under the Equality Act 2010 and Autism Act 2009.
• Evaluate what reasonable adjustments mean in practice for autistic clients.
• Develop strategies to accommodate autistic clients’ needs proactively.

Legal Obligations and Key Legislation

The Equality Act 2010

The Equality Act 2010 is a cornerstone of UK law protecting individuals from discrimination based on nine protected characteristics, including disability—which includes autism. This legislation ensures that autistic individuals cannot be discriminated against in areas such as employment, education, and access to services.

As a therapist, you must comply with the Equality Act, which includes an anticipatory duty to make reasonable adjustments to ensure your services are accessible to autistic clients—for example, offering flexible appointment times or making environmental modifications in your practice.

The Autism Act 2009

The Autism Act 2009 is a pioneering law as the first disability-specific legislation in the UK. It mandates the government to implement and update an Adult Autism Strategy, focusing on improving services for autistic adults. While it primarily targets broader social services, its ethos of proactive support aligns with therapeutic practice, where you must continually review and adapt to the needs of neurodivergent clients.

Children and Families Act 2014

This act is crucial for counsellors working with children and young people. It includes provisions for individuals with special educational needs and disabilities (SEND) and introduces Education, Health, and Care (EHC) Plans. These plans are comprehensive support documents for children and young people up to 25, ensuring their educational, social, and healthcare needs are met.

Understanding this framework is vital when working with autistic children or young adults, especially in collaborative care settings.

Reasonable Adjustments in Practice

Anticipatory Duty for Therapists

Your anticipatory duty means you must plan for potential barriers autistic clients may face before entering your practice. This could involve both physical and operational changes to create a supportive environment.

Practical Examples of Adjustments

1. 1. Environment Modifications: Autistic clients are often sensitive to sensory input. Reducing clutter in your therapy room, removing ticking clocks, and minimising strong scents (such as perfumes) can help ease sensory overload. Offering clients the option to wait in quieter spaces, such as their car, before sessions is another simple but effective adjustment.

1. 1. Session Flexibility: Some autistic clients may need shorter or longer sessions, depending on their ability to process information. Flexibility in session length and timing can significantly enhance their therapeutic engagement.

1. 1. Clear Communication: Autistic individuals often benefit from detailed and specific information. Sending a clear agenda for each session via email or letter helps clients prepare and reduces anxiety about the unknown.

1. Adapting Communication Methods: Tailor your communication to suit your client’s needs. For example, writing down key points during a session or allowing clients to take notes can facilitate understanding and retention. Eye contact can be uncomfortable for some, so accommodating requests to avoid it, such as turning off cameras in online sessions, can be crucial.
2. Supporting Regulation: Many autistic individuals use stimming—repetitive movements such as hand-flapping or rocking—to self-regulate. Creating a space where they feel comfortable engaging in these behaviours is essential. Additionally, discussing special interests during moments of distress can help ground the client and restore a sense of control.

Best Practice: A Case Example

Tracey Cleary, a neurodivergent counsellor, highlights the importance of adjustments that might seem minor but can have significant impact—for instance, using a white noise machine to neutralise distracting sounds or switching rooms to avoid outdoor noise. These adjustments show the importance of sensory consideration in therapeutic practice with neurodivergent clients.

Implications for Practice

As a counsellor or psychotherapist, your actions are guided by ethical standards and legal obligations that ensure your clients receive the best possible care. The concept of anticipatory duty under the Equality Act 2010 means that you must think ahead and plan for potential barriers that autistic clients might face when accessing your services.

Here are critical reflective questions and actions to consider in your practice:

1. What is my anticipatory duty?
   • Reflect on what reasonable adjustments you may need to make in advance to accommodate potential autistic clients. For example, do you offer flexible session lengths? Are your therapy rooms sensory-friendly? Consider how you can create an environment that is both welcoming and accessible.
2. What CPD (Continuing Professional Development) can I pursue?
   • Ongoing training in autism and neurodiversity is vital. Consider engaging in CPD courses focusing on the legal and ethical aspects of working with autistic clients. This will help you stay current on your responsibilities and the best practices for supporting this population.
3. How do I approach the conversation about adjustments with clients?
   • Consider whether you proactively discuss reasonable adjustments or wait for the client to raise the issue. Consider adding a note in your client intake forms or therapy listing that encourages autistic or neurodivergent clients to discuss their specific needs with you.
4. Collaboration with colleagues and supervisors:
   • Have conversations with your peers and supervisor about their adjustments for autistic clients. Sharing experiences and strategies can help you enhance your approach to making reasonable accommodations.
5. Exploring new tools and approaches:
   • Consider integrating some best practice examples, such as modifying the environment, reducing sensory overload, and adjusting communication methods. Although simple, these adjustments can have a huge impact on client comfort and engagement in therapy.

By reflecting on these points and actively integrating them into your practice, you can ensure that your services are fully accessible to autistic clients, which aligns with ethical and legal expectations.

Final Remarks

Adapting your practice to meet the needs of autistic clients is not just a legal requirement under UK law—it’s an ethical responsibility that can dramatically improve the therapeutic process. By understanding your anticipatory duty, making reasonable adjustments, and engaging in open dialogue about client needs, you can ensure that your therapy practice is inclusive and effective for neurodivergent individuals.

Consider reflecting on your current practice. Do you engage in discussions about adjustments with your clients? What further CPD might you undertake to deepen your understanding of autism and the law? By addressing these questions, you can continue to improve your practice.

References and Further Reading

Department of Health. (2015). Statutory guidance for Local Authorities and NHS organisations to support the implementation of the Adult Autism Strategy. [online]. Gov.uk. [Accessed 25 April 2024].

Jackson, C. (2023). The big issue: Access all areas. [online]. BACP. [Accessed 25 April 2023].

Lawson, A. and Orchard, M. (2021). The Anticipatory Reasonable Adjustment Duty: Removing the Blockages? The Cambridge Law Journal. [Accessed 25 April 2024].

Nicholson, E. (2016). What works when counselling autistic clients? Healthcare Counselling and Psychotherapy Journal. [Accessed 25 April 2024].