Autism Code of Practice
The Welsh Government is developing an Autism Code of Practice.
The Code aims to set out what is legally required of local authorities, health boards and other public bodies that provide services to support autistic people and their families in Wales.
The Code of Practice on the Delivery of Autism Services responds to our calls for clear, legally-binding duties to ensure support is available to autistic people and their families. And while we remain disappointed that a proposed an Autism Act for Wales was rejected by the Senedd, we are optimistic that the code has the potential to meaningfully strengthen the rights of autistic people, and to improve the services available to them.
Along with hundreds of autistic people, their families and professionals, our charity has responded to the consultation on the Code to ensure it delivers the improvements in services and support that are needed. The Welsh Government will publish a summary of the consultation responses and make decisions about which parts of the Code will stay the same, and which will change as a result of the feedback they have received. We have called on the Welsh Government to complete this as quickly as possible, so the Code can be published and approved before next May’s Senedd elections.
What does the code say and how could it be improved?
You can read more on what the code is proposing to do to address the key challenges many autistic people and families face, as well as suggestions on how it could be improved:
Getting an autism assessment
Finding care and support
Support for mental health
Going out
Your rights
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The code of practice describes what should happen before an assessment, during the assessment process and following an autism assessment.
It says that people involved in the assessment process must receive training on how to identify autism and how to make referrals for assessment, as well ensure that that they explain the process clearly to autistic people and families.
Before an assessment
The code says:
- referrals must follow a Wales-wide pathway, which says what will happen and how long the process will take
- what the referral must include
- the views of the autistic person and their family must be considered
- people on the pathway must be offered support while waiting for an assessment
- there must be a single point of access for assessments, which means that all referrals go to, and are decided by, the same team. If a referral is not accepted by the assessment team, the assessment team must say why, and what more information may be needed.
Assessments
The code says:
- children’s and adults’ diagnostic services must work together
- the assessment must consider any co-occurring conditions
- assessment pathways must be available publicly and professionals must be aware of them
- people in secure hospitals or prisons must have access to assessment services and support from professionals who understand autism
- assessments must be provided by a team of professionals with different skills and experience (multi-disciplinary)
- assessments must take place within the timescales agreed by the Welsh Government. At the moment, this means 26 weeks between the referral being made and the first appointment
- professionals who carry out the assessment must take into account all relevant information, including the views of the autistic person and their family
- there must a point of contact for the autistic person or their family, in case they have any questions during the process
- the outcome of an assessment must be communicated with the individual or family, whether or not a diagnosis is made
- onward referrals must be offered to individuals with co-occurring mental health conditions or learning disabilities, who may need additional support
- carers must be offered a referral for a social care assessment.
After an assessment
The code says:
- that a follow up appointment must be offered within six months of a diagnosis of autism. If no diagnosis is given, relevant information and support must be made available, and if requested, information on seeking a second opinion must be provided
- local authorities must make autistic people and their carers aware of their rights to a social care assessment and information and signposting for autism services
- health boards must collect information on assessment waiting times
- with permission from autistic people and families, health boards must make onward referrals to appropriate services following assessment, whether a diagnosis was given or not, including to social care services
- local authorities must work with health boards to share information so that people can get the right support as quickly as possible
- local authorities and health boards must work together to ensure an appropriate person is chosen to oversee and promote assessment pathways for autistic people and families.
How we think the code could be improved
It’s important that autistic people and families are able to get a timely autism assessment. This can help someone to understand themselves or their child better, and to get the right help and support.
The code says that referrals and assessments must be arranged within agreed national timescales, which is to be welcomed. We would like to see more detail on how these nationally agreed standards and waiting times will be decided, to ensure that autistic people and their families are included, and that best practice advice and guidance is fully considered. Currently, the waiting time standard between referral and assessment in Wales is 26 weeks, which is set by the Welsh Government, however best practice guidance says that the wait should be three months (13 weeks).
We would like to see clear referral pathways that say who is able to refer someone for an autism assessment. Assessment teams that decide whether or not to accept a referral should also be working to the same criteria across Wales, so that decisions are consistent for all and not based simply on managing capacity.
We think that there should be a duty on those undertaking an autism assessment to keep in regular contact with those on the waiting list, and provide them with updated information and support during this period.
There will be many people with mental health conditions or learning disabilities who require an autism assessment. The code should ensure that referrals and assessment pathways take this into account.
We know that following an autism assessment, many people find it difficult to get health and social care support. This is often for lots of different reasons – many autistic people are told that they don’t meet the eligibility criteria for a certain service, or sometimes the sort of service someone may need doesn’t exist.
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The code describes what must happen to make sure people are aware of where they can turn to for care and support, and what those services must do.
The code says:
- first contact teams, for example, the Information, Advice and Assistance teams in local authorities must know how to refer autistic people appropriately and the information they provide must be accessible
- local authorities must arrange for independent advocacy if an autistic person or their carers are eligible. If preventative services are available, professionals working in them must understand autism
- those carrying out eligibility assessments for social care services must have sufficient knowledge and understanding of autism. IQ must not be considered when determining eligibility for care and support
The code describes some of the relevant, existing duties on social care services and health services, including about arrangements for care and support plans, as well as the need for reasonable adjustments when accessing health and care services.
The code says:
- autistic adults who wish to live independently must receive support to maintain a safe environment, and where offered, respite placements must be appropriate to the individual needs
- health boards must be aware of the autism services in the area and have clear referral pathways. They must also ensure that all staff receive appropriate training in autism
- local authorities and health boards must work together to ensure that autistic people awaiting a diagnosis are not refused support and other services.
How we think the code could be improved
One of the main things that families in Wales have told us is a key challenge is support dealing with different types of behaviour, including distressed behaviour. We know that behaviour is communication, and there could be a number of reasons behind it. But often families are left without the support they require to understand what their loved one needs, and how to help. The code should include some specific detail about how families can get this crucial type of support, and where from.
The code should include information about developing an indicator on autistic people’s primary care records. This will help local areas to plan services better and will also enable primary care services to provide more accessible information, advice and support to people who might need it.
The code should set out what happens if autistic people are refused a social care assessment, or have one but it’s found they aren’t eligible for support. Just because someone doesn’t meet eligibility criteria, doesn’t mean they don’t need any help. If someone has been refused an assessment or not qualified for care and support, the local authority should follow up with them within a few months to make sure they have access to the preventative services they require and their needs don’t escalate further.
Participation in work isn’t mentioned in the code but can have a substantial impact on someone’s wellbeing. We know from our 2016 Autism Employment Gap report that just 16% of autistic people are in full time paid work, but 77% of those we surveyed who were unemployed told us that they want to work. The code should look at how it can support autistic people into work.
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The code says:
- because of the Equality Act, reasonable adjustments must be made for autistic people accessing mental health services
- training must be provided to mental health professionals that work with autistic people and co-occurring conditions
- those in secure mental health hospitals must have access to autism assessments and support from professionals who understand autism
- information on how to access mental health advocates and independent mental capacity assessors must also be available.
How we think the code could be improved
One of the things that would support autistic people who experience poor mental health would be the availability of adapted therapies. The code should consider how to ensure these are available for those who need them.
The UK Government has funded the National Autistic Society to provide an in-patient mental health casework service in England, which means where someone has been placed in a secure hospital, their families can get advice and support on their rights and entitlements. The code could ensure that appropriate support, such as this, is available to families in Wales.
There could be more detail in the code about the specific assessment, diagnosis and support pathways that should be available for autistic people with a co-occurring mental health condition.
The code should include information about how autistic people and families are able to access support during a crisis. This should include the availability for local support so that autistic people aren’t sent to inappropriate settings, such as mental health in-patient units.
For health boards that do commission services from private hospitals, the code should ensure that these commissioning arrangements reflect the specific needs of autistic people, so that people can access the right support, from people who have training and experience in autism.
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The code says:
- as well as duties to ensure health and care professionals understand autism, under the Equality Act, all those providing goods, services and facilities must make reasonable adjustments for autistic people
- local authorities and health boards must maintain a current list of autism support services.
How we think the code could be improved
The code does provide some further suggestions for local authorities on how they could improve autism awareness in their area, however there is no duty for this to happen. We think that stronger measures within the code that Welsh Government, local government and health boards must follow to raise awareness of autism could be more successful in preventing autistic people and families becoming isolated.
These measures might include developing a scheme that covers leisure facilities and public transport as well as general health services, schools and businesses.
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The code says:
- the Welsh Government has the power to direct health boards and local authorities to take any action considered appropriate to ensure they comply with the duties in the code
- each area must to provide a report on how it is complying with its duties
- autistic people and their families must have a say in how services and support are developed and monitored
- they must be included in membership of each regional partnership board autism groups
- regional partnership boards must appoint a regional autism champion who is included in the governance structure of the board, and there must be a senior board member identified to represent the needs of autistic people.
How we think the code could be improved
We would like to see a way that people can enforce their rights to help and support, when things don’t work as they should, without having to take legal action. We support the appointment of an individual to oversee the implementation of the code, supporting public bodies to understand their responsibilities and to review all complaints and concerns received by health boards and local authorities as they relate to rights of autistic people or families under this code. They could also develop feedback mechanisms so that autistic people and families can, offer their views on how the code is working, as well as proactively engage with autistic people, their families and professionals to understand their experiences autism services and support offered under the remit of the code.
In order to understand how if the code is being implemented successfully, it should include more detail on the types of information and data that should be collected by health boards and local authorities.
The code sets out the role of the regional autism champion, which is welcome. However, we think that where they have been in place, local authority autism leads have had a positive impact. We would like to see the code state clearly the expectation on local authorities to have a local autism lead, and what their role should involve. We also want to see this extended to each health board so that there is someone who can oversee its responsibilities to autistic people.