Title: Unit – 2: Assessment – 2
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Table of Contents
1.2 Equality and disability rights: 1
1.3 Special educational needs: 1
1.4 Mental capacity and best interests: 1
Current legislation and guidance on autism aim to ensure the rights, support, and inclusion of individuals with autism in society. As per Babalola et al. (2024), the Autism Act (2009) was the first law focused on autism, leading to the national autism strategy, which promotes equal access to services, education, and employment. However, according to the Feldon (2023), the Care Act (2014) emphasizes the right to a need, recognizing autism as a condition requiring specific care plans. On the other hand, Pickles et al. (2023), emphasised that the Children and Families Act (2014) outlines support for young people with autism in education. Therefore, person-centered approaches underscore that each individual should receive personalized support based on unique needs and preferences.
Reference
Babalola, T., Sanguedolce, G., Dipper, L., & Botting, N. (2024). Barriers and Facilitators of Healthcare Access for Autistic Children in the UK: a Systematic Review. Review Journal of Autism and Developmental Disorders, 1-29.
Feldon, P. (2023). The Social Worker’s Guide to the Care Act 2014. Critical Publishing.
Pickles, J., Parsons, S., & Kovshoff, H. (2023). Knowledgeable but not specialist: Virtual School Heads’ experiences of supporting autistic children in care. Oxford Review of Education, 49(2), 190-208.
Current equality and disability rights laws protect individuals with disabilities, including people with autism, from discrimination and ensure access to services. According to the study by Burt (2020), the Equality Act (2010) prohibits unfair treatment in areas such as education, employment, and public services while also recognising autism as a disability and requires reasonable adjustments to remove barriers. However, the study by Newham et al. (2021) emphasised that the Human Rights Act (1998) also has principles of dignity and respect to persons with disabilities. Current guidelines engage public organisations to make sure that services of these acts suit the needs of disabled people. Therefore, these acts give individuals the ability to be active and appropriate members of society with full rights as other people.
Reference
Burt, C. H. (2020). Scrutinizing the US Equality Act 2019: A feminist examination of definitional changes and sociolegal ramifications. Feminist Criminology, 15(4), 363-409.
Newham, R., Hewison, A., Graves, J., & Boyal, A. (2021). Human rights education in patient care: A literature review and critical discussion. Nursing ethics, 28(2), 190-209.
The conventional laws governing special educational needs (SEN) guarantee provision and reasonable accommodation for children with conditions such as autism. However, as demonstrated by Ahad et al. (2022), the Children and Families Act of (2014) initiated the Education, Health, and Care (EHC) plans that consider the needs of the child and provides assessment and support. However, the act ensures that the local authorities engage the families in a decision-making process, which can promote the person-centered approach. According to the study by Boddison (2020), the SEND Code of Practice (2015) provides clear guidance on how to consider the presence of SEN needs, establish clear milestones, and cooperate with schools to develop effective learning model provisions. Therefore, these laws and guidelines safeguard the educational rights of learners with learning disorders or disability to promote equal chance for every child.
Reference
Ahad, A., Thompson, A. M., & Hall, K. E. (2022). Identifying service users’ experience of the education, health and care plan process: A systematic literature review. Review of Education, 10(1), e3333.
Boddison, A. (2020). The Governance Handbook for SEND and Inclusion: schools that work for all learners. Routledge.
The mental capacity and best interest legislation in the current era are to safeguard individuals that may have difficulties making decisions some of which may be persons with autism. Donnelly & Gleeson (2021) emphasised the Mental Capacity Act (2005) that elaborates on the intention that the patient should be given an opportunity to make the decision where possible but also formulates ways to guide such circumstances where patients cannot make any decision. The act demands decision-making, only when a person is incapable of deciding, and all decisions made in the patient’s behalf must be made in concordance with their preferences and beliefs. The Act also added the “best interests” principle which factors the person’s previous preferences including considering their carers and family while also choosing the least restrictive option to maintain their liberty.
Reference
Donnelly, M., & Gleeson, C. (2021). The assisted decision-making (Capacity) act 2015: personal and professional reflections. Health Service Executive.
Contemporary law regulating advocacy helps people to get an advocate’s assistance in organizing representation of their interests and defending their rights including people with autism. However, according to Burden (2024), the Care Act (2014) provides rights to an advocate for a patient who has a decisional impairment but advocates can also support patients make decisions about their care, health, and welfare as defined by the Act. On the other hand, Donnelly & Gleeson (2021) noted that advocacy support under the Mental Capacity Act (2005) is available for persons who lack capacity to make precise decisions. Moreover, advocates have the critical responsibilities and tasks of ensuring that decisions that are made are consistent with the person’s values to meet their needs. Therefore, the provided guidances of advocates from the acts enable to safeguard patients and support their independent living and the inclusion in society.
Reference
Burden, R. (2024). Supporting capacity for decision making in everyday social work practice (Doctoral dissertation, Cardiff University).
Donnelly, M., & Gleeson, C. (2021). The assisted decision-making (Capacity) act 2015: personal and professional reflections. Health Service Executive.
Legislation and guidance help to protect the rights of people with autism while improving their services and integration. According to Cahill et al. (2023) the passage of laws such as the Autism Act means that people can easily get services and knowledge about the plan of care they require. However, discrimination is unlawful under the Equality Act with regards to schools, workplaces and areas of public access, necessitating reasonable adjustments to remove barriers. On the other hand, Mason and Minerva’s (2022) discussed that the Care Act and Mental Capacity Act also promote decision-making while engaging advocates and promoting individual decision autonomy. Therefore, these laws provide a person-centered approach to each aspect including attending to individual’s support, meaningful activity and occupation, offering choice-making, equality, inclusion, and engagement in the community.
Reference
Cahill, T., Dowling, C., & Banks, R. (2023, April). A national framework to deliver improved outcomes in allage autism assessment pathways: Guidance for integrated care boards.
Mason, A., & Minerva, F. (2022). Should the Equality Act 2010 be extended to prohibit appearance discrimination? Political Studies, 70(2), 425-442.
As pointed by Olufson et al (2024), support directed to an individual, involve recognition of individual needs, including their preferences and beliefs, rather than the generalised support. The approach respects to individual’s autonomy, to offer support that is congruent with that person’s values, cultural background and way of life. The approach involves the patient in decision-making processes and promotes gesture of support towards what the individual values. More specifically, as far as people with autism are concerned, person-centred support may imply different communication forms, comfortable schedules, and choices. Therefore, the principle of the person-centred support is to give independence to a person as much as possible.
Reference
Olufson, H. T., Ottrey, E., Young, A. M., & Green, T. L. (2024). An ethnographic study exploring person-centred nutrition care in rehabilitation units. Disability and Rehabilitation, 46(16), 3620-3628.
The need to individualized treatment for a person with autism is different and has specific requirements, abilities, and preferences. As highlighted by Fernández Cerero et al. (2024), autism occurs in different ways where individualized support provokes way of acknowledging individual differences. However, observing individuality plays a vital role in preventing and reducing the chances of stressing people while creating a comfortable atmosphere. On the other hand, when people with autism are treated as individuals, they get the feeling they are wanted, which boosts their morale to engage in positive activities. Therefore, the following approach also enables caregivers to use strategies that can improve patient’s care potential and develop their unique skills, leading them to have quality life and gaining more independence.
Reference
Fernández Cerero, J., Montenegro Rueda, M., & López Meneses, E. (2024). The Impact of Parental Involvement on the Educational Development of Students with Autism Spectrum Disorder. Children, 11(9), 1062.
According to Gregory (2024), support may be compassionate through being tolerant, understanding and patient towards patients with autism through acknowledging their weaknesses. For instance, caregivers are required to listen and make sure the person has to say what they want to say, despite it taking longer time. However, they can also use skills such as a soft-spoken manner which will help to lessen the anxiety of the patient. On the other hand, another example of proper communication with autistic people is avoiding touching while also paying attention to their sensory needs such as reducing the level of light or noise. Therefore, compassionate support encompasses acknowledging patients’ emotions or their experience and providing them with safety to reflect trust.
Reference
Gregory, K. (2024). Promoting Compassionate Care in an Alternate Education Setting: An Application of the Teaching Interaction Procedure (Doctoral dissertation, University of Pittsburgh).
Support can be non-judgmental by involving persons with autism without disapproving their presence. For example, caregivers can encourage patients by not getting angry at them for doing something right. Additionally, the caregivers can allow the individual to relax the pressure that may be unrealistically high and can let them learn in their own pace. However, study by Younas et al. (2023) emphasised that a non-judgmental approach also implies not criticizing a person’s decisions such as how the patients want to communicate or the way they want to spend their time. Therefore, response instead of evaluation provides the autistic individual with safety, value, and assertiveness while receiving or requesting assistance.
Reference
Younas, A., Porr, C., Maddigan, J., Moore, J., Navarro, P., & Whitehead, D. (2023). Behavioural indicators of compassionate nursing care of individuals with complex needs: A naturalistic inquiry. Journal of Clinical Nursing, 32(13-14), 4024-4036.
As demonstrated by Davis et al. (2021) that lack of education is one of the ways through which the rights of people living with autism are violated. The rights can be realised by making specific learning enhancements that are specific to the patient’s conditions to offer individuals learning plans such as visual instructions or a non-conventional learning space. However, institutions must provide personnel such as tutors or provide certain classes to assist the individuals with autism to thrive in their life. Therefore, the following approach assists in autistic people’s inclusion to enable them to realize their potential in the same manner as others without prejudice to their right for providing them education and equal opportunities.
Reference
Davis, R., Fletcher-Watson, S., & Digard, B. G. (2021). Autistic people’s access to bilingualism and additional language learning: Identifying the barriers and facilitators for equal opportunities. Frontiers in Psychology, 12, 741182.
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