Disability discrimination

Page 1 of 1 [ 6 posts ]

kt24
Snowy Owl

Joined: 5 Jan 2011
Age: 39
Gender: Female
Posts: 156
Location: a world of my own

11 Jun 2011, 12:03 pm

Does anyone know if autism is legally considered a disability in the UK under the disability discrimination act?

I'm not looking for opinions here on whether AS is a disability or not- more FACT please?

Thanks

_________________
Depression, GAD, Social Anxiety and unidentified mental health issues too
And now OFFICIALLY DIAGNOSED!

joestenr
Deinonychus

Joined: 22 Apr 2011
Age: 48
Gender: Male
Posts: 318
Location: niantic connecticut

11 Jun 2011, 1:31 pm

i have no direct familiarity with the laws in your area, but I am inclined to say it probably depends on how disabling it is. Ie if it prevents you from being able to function, obtain and hold a job, and you can get a doctor to atest to this being the reason, then you probably would be able to qualify it as such.

now in a general sense If others are not aware that you have a disability (aware in the legal sense not just it should be obvious) then protections that might be afforded under disability laws probably do not apply.

_________________
to be lost I would have needed to know where I was going

"For success in science or art, a dash of autism is essential"
Hans Asperger

Indy
Veteran
Veteran

Joined: 21 Apr 2011
Age: 43
Gender: Male
Posts: 950

11 Jun 2011, 3:41 pm

It depends. The Disability Discrimination Act (1995) states that

Quote:

a person has a disability for the purposes of this Act if he has a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities.

So, if you meet that requirement, then you are covered by the act.

It's worth pointing out that a lot of the act has been superseded by the Equality Act (2010), which mentions Autism directly as a disability:
Link to Equality Act

Also, if you live in England you are covered by the Autism Act 2009. If you live in Wales, the relevant legislation is the Autistic Spectrum Disorder (ASD) Strategic Action Plan for Wales. In Northern Ireland it's the Autism Act 2011. MSPs in Scotland voted against a Scottish Autism Bill, so there is no similar legislation in Scotland.

kt24
Snowy Owl

Joined: 5 Jan 2011
Age: 39
Gender: Female
Posts: 156
Location: a world of my own

12 Jun 2011, 4:34 am

Thanks for your replies- really helpful!

_________________
Depression, GAD, Social Anxiety and unidentified mental health issues too
And now OFFICIALLY DIAGNOSED!

outofphase
Tufted Titmouse

Joined: 14 Apr 2011
Age: 60
Gender: Male
Posts: 29

12 Jun 2011, 1:10 pm

The Disability Discrimination Act has now been replaced by the Discrimination Act 2010. The definition I believe is unchanged. So if it has had a substantial and long term adverse affect on your life then yes it is a disability. If you want to treat it like that. Even if you are very positive about your AS and don't personally consider it an impairment having it defined as a disability can help you access help and service and generally make life easier.

The_Dude
Tufted Titmouse

Joined: 28 Aug 2010
Age: 54
Gender: Male
Posts: 30
Location: England.

12 Jun 2011, 1:37 pm

kt24 wrote:

Does anyone know if autism is legally considered a disability in the UK under the disability discrimination act?
I'm not looking for opinions here on whether AS is a disability or not- more FACT please?
Thanks

Yes, it is regarded as a disability under the DDA and the Equality act. Also, there's the Autism Act which places additional statutary duties on local authorities and health providers.

Department of Health wrote:

Autism is a lifelong developmental disability and although some people can live relatively independently, others will have high dependency needs requiring a lifetime of specialist care.

DoH link

Page 1 of 1 [ 6 posts ]

Jump to:

Disability discrimination Post Reply New Topic

Disability discrimination