Chamber and committees

Petitioner submission of 7 October 2021

PE1837/AA - Provide clear direction and investment for autism support

This submission is in relation to the committee’s meeting with Kevin Stewart MSP, Minister for Mental Wellbeing and Social Care, Hugh McAloon, Deputy Director for Mental Health Complex Care, and Jacqueline Campbell, Unit Head, Learning Disability, Autism and Neurodiversity. The Committee agreed to consider the evidence heard at a future meeting.

There were questions put forward such as the confusion around autism being misunderstood as a mental disorder in relation to the Mental Health Act 2003, and about the lack of support for autistic people who do not have a learning disability and/or mental health issue. The witnesses did not give any clarity.

The petition clearly asks the Scottish Parliament to ask the Scottish Government to provide clear direction for autism support, particularly for autistic people who do not have a learning disability and/or mental health issue.

It was clear from the witness’s answers that they did not want to comment on whether or not autism was covered in the Mental Health Act 2003.

I personally believe the Scottish Government are avoiding answering questions about autism being covered within the Mental Health Act.

I personally believe the issue of misconception of autism being covered in the Mental Health Act is nobody’s fault. The new bill being introduced in this parliament may help, but in the meantime, we need the Scottish Government to give clear direction around autism support (especially for autistic people who do not have a learning disability and/or mental health issue) as the continued confusion if autism is covered by mental health legislation is denying autistic people access to statutory support.

Can the committee ask the Scottish Government three questions?

1. Is autism covered in the Mental Health Act 2003 … yes or no?
2. Who has the statutory responsibility to provide support for autistic people for autistic support who do not have a learning disability and/or mental health issue, is it social services or mental health services?
3. Can the Scottish Government write to all local authorities, HSCPS and NHS Boards and provide clarity for whom has the statutory responsibility to provide autistic people support for their autistic needs, particularly autistic people who do not have a learning disability and/or mental health issue?

Until there is clarity from the Scottish Government, then autistic people will often be denied access to statutory supports. Even a Commissioner will have difficulty providing direction until we have the questions above answered.