The Autism Act 2009 was designed to ensure that autistic adults without a learning disability are recognized as a distinct group with specific needs. However, in practice, many services are still commissioned under the combined heading of “Learning Disability and Autism,” which seems to dilute the statutory intent.
This bundling can result in:
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Autistic adults without LD being excluded from both LD and mental health services
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Commissioning models that default to LD-centric approaches
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A lack of autism-specific provision, despite statutory guidance and NICE recommendations
The statutory guidance under section 2 of the Autism Act (updated 2021) emphasizes the need for tailored services. NICE guidelines (CG142) also support autism-specific pathways, independent of LD status.
My question is: Is there any legal authority, case law, or commissioning guidance that explicitly supports the separation of autism from LD in service design? Or any examples where this distinction has been successfully upheld in practice?