The ‘neurotypical world’ means that the society we live in often benefits neurotypical people and creates barriers for neurodivergent people.

Every person’s brain is unique. We all think, learn and act differently. We all have different strengths and face different challenges. Neurodivergence is the term for when someone’s brain processes, learns, and/or behaves differently from what might be considered ‘standard’ or ‘neurotypical’ within society. Some neurodivergent people struggle because of systems or processes that don’t give them a chance to show off their strengths or that create new or more intense challenges for them. Being neurodivergent will often amount to a disability under the Equality Act 2010, even if the person does not consider themselves to be disabled.

This shows how disability is often created by social factors.

However, labelling yourself as disabled is a personal choice. You do not have to adopt this label if you don’t identify with this experience. It is important to know your rights and entitlements as an autistic individual.

The equality act (2010)

In Britain we have a law called the Equality Act (2010). The Equality Act (2010) protects individuals or groups of people from being discriminated against, troubled or victimised based on protected characteristics (see list below).

It is in place to make sure that all people are treated equally and fairly by places such as workplaces, schools, hobbies, activities, or public services (e.g. public transport, hospitals, doctors’ surgeries).

The following characteristics are protected under the act:

Age

Race

Religion or belief

Disability

Sex

Sexual orientation

Gender reassignment

Marriage and civil partnership

Pregnancy and maternity

In the Equality Act (2010), they describe a disability as a physical or mental difficulty which has a long-term and substantial effect on someone’s ability to carry out normal day-to-day activities.

• Long term is defined as a year or more.
• Substantial is defined as ‘more than minor or trivial’.

Autism can be defined as a disability under the Equality Act (2010) as it can have a long-term and substantial effect on a person’s ability to do day-to-day activities. For example, an autistic person may find using public transport difficult as it can be loud and cramped. They may need to get the bus to school, which means that their daily life is affected by this.

Due to the act, organisations such as schools, hospitals, doctors’ surgeries, workplaces, hobbies, and activities have certain rules to follow:

MUST NOT directly or indirectly discriminate, trouble, or victimise disabled children and young people.

MUST NOT discriminate for a reason that is because of a child or young person’s disability.

MUST make reasonable adjustments.

In many circumstances, if accommodations are not put in place, and a disabled person cannot use the services because of this, then this is disability discrimination.

The reasonable adjustments duty

The reasonable adjustment duty says that places such as schools, hospitals, doctors’ surgeries, workplaces and clubs/hobbies must put changes in place. This is called a reasonable adjustment. Reasonable adjustments can support an autistic young person to access things in a world that may not be suited to their needs. This is to give autistic young people an equal chance at doing their best, feeling supported and being given the opportunity to thrive.

Three main areas for reasonable adjustments

• Auxiliary Aids and Services (a piece of equipment or support from a member of staff).
• Physical alterations (access for disabled pupils to the curriculum, the physical environment and to information).
• Provisions, criteria, and practices (the way in which a school operates on a daily basis, including its decision and actions).

Here are a few examples of some reasonable adjustments:

• Regular decompression breaks built into the school day, where they can engage in activities which help them to feel calm.
• Uniform adjustments, such as wearing extra clothes or different clothing.
• Using sensory tools in lessons, at doctors’ appointments or at work.
• Arriving to hobbies/activities ten minutes early to settle in.

It is important to remember that every autistic individual is unique and will need different adjustments at different times.

What is reasonable?

The Equality Act (2010) does not say what accommodations are reasonable to make so people can be as flexible as possible. Some things that may be considered when thinking about what adjustments are reasonable to make are:

• Whether the adjustment is likely to be effective
• Whether the adjustment is practical
• The cost of making the adjustment
• How much money is available to make the adjustment
• How much disruption would be caused by making the adjustment
• Whether planning permission is needed

Disabled people do not have to pay for the additional cost of any reasonable adjustments, no matter what the price is.

Advocating for your needs

It is important to remember that the people interacting with an autistic person have a responsibility to meet them halfway and put adjustments in place.

But people might need some ideas of what to do! They may not know what it is like to be autistic so it can be helpful to give suggestions on what works for you as an individual.

We know that this can feel overwhelming and challenging to do, so speaking to a trusted adult may be a good place to start.

Information and resources

If you want to find out more information about The Equality Act it may be helpful to look at the following resources (click on link):

• Equality Act 2010 (full document) Equality Act 2010 (legislation.gov.uk)
• Equality Act 2010: Government Guidance Equality Act 2010: guidance – GOV.UK (www.gov.uk)
• Citizens Advice Bureau: Equality act 2010: What do I need to know? A summary guide to your rights. Equality Act 2010: What do I need to know? (citizensadvice.org.uk)
• Equality and Human Rights Commission: Equality Act (2010) Equality Act 2010 | EHRC (equalityhumanrights.com)