By Tony O’Reilly-
There has been a call for a shift in how autism is legally defined in the Mental Health (Care and Treatment) Act
Maggie Chapman MSP, the Scottish Greens equalities spokesperson, has called for autism to be removed from the Mental Health (Care and Treatment) (Scotland) Act.
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Her call comes in response to a recent recommendation by the Scottish Mental Health Law Review that autistic people should continue to be included in the scope of the Act, effectively defining autism as a mental health condition.
Autism, as defined by the National Autistic Society Scotland, is a lifelong developmental disability that impacts how individuals communicate and interact with the world. In the UK, more than one in 100 people are on the autism spectrum, with around 700,000 autistic adults and children.
The Scottish Greens argue that categorizing autism as a mental health condition allows for the potential forced treatment or detention of autistic individuals, actions they believe infringe upon their human rights.
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Maggie Chapman addressed the issue during portfolio questions on NHS recovery, health, and social care.
She emphasized that autism is a neurodevelopmental difference and not a mental health condition. She urged the Scottish government to reconsider and remove autistic people from the scope of the Mental Health (Care and Treatment) Act.
Advocacy groups, including the National Autistic Society Scotland, support this stance, asserting that autism is a naturally occurring variance in neurotype and should not be considered a mental health condition.
Suzi Martin, External Affairs Manager for the National Autistic Society Scotland, highlighted the challenges autistic individuals face when being detained in mental health hospitals due to their condition. She stressed the importance of revising the legislation and investing in local care services and housing to enable autistic individuals to live within their communities, alongside their families and friends.
The call to remove autism from mental health legislation is part of a broader effort to ensure that individuals on the autism spectrum receive the support and understanding they need, recognizing their unique neurodevelopmental characteristics rather than categorizing them as individuals with a mental health condition. The outcome of this debate will have significant implications for the rights and well-being of autistic individuals in Scotland.
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