New law on anti-social behaviour could be used against autistic children.

January 19, 2004

Autism fears over disorder bill

A leading charity has claimed that a new law on anti-social behaviour could be

used against autistic children.

The National Autistic Society Scotland told a Holyrood committee that the

legislation could lead to unfair complaints about children with autism.

The society said the definition of anti-social behaviour in the bill was too

broad.

It claimed that similar problems have already been seen in England.

Although the law in England is different, the charity believes the results of

new legislation in Scotland could be the same.

It told Holyrood's communities committee of a case where a child with autism was

using a trampoline in a noisy fashion in the family's back garden.

MSPs heard that the trampolining had been therapeutic for the child.

We fear that some children with an autistic spectrum disorder could be

criminalised as a result of the provisions of the Bill

Robert McKay

National Autistic Society

A complaint from neighbours had resulted in the autistic child's parents being

made the subject of an anti-social behaviour order, which the society said was

wholly inappropriate.

Robert McKay, an official of the National Autistic Society, told MSPs: " We fear

that some children with an autistic spectrum disorder could be criminalised as a

result of the provisions of the bill. "

The society argued that the definition of anti-social behaviour being proposed

by the Executive in its legislation gave insufficient weight to the question of

intent, making little allowance for those suffering from autism.

The committee was told that autistic behaviour, which included repetition of

strange sounds or words, a poor awareness of personal space or becoming upset at

change in routine, could be mistaken for being anti-social.

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