Terminology

Many autistic people are uncomfortable with the use of the term “autism spectrum disorder”., including those of us on the Board of Trustees and our volunteers who are autistic. Therefore, we the terms “autism” and "autistic" to respect the wishes of the autistic community. 

However, the term "autistic spectrum disorder" is still used by many professions, including some working for the NHS in Scotland, and therefore we feel it is important to make clear that, when we use the terms “autism” or “autistic”, we are referring to the condition that is often formally diagnosed by the NHS in Scotland as “autism spectrum disorder”.

It is important to confirm the meaning we assign to the terms "autism", "autistic" and "ADHD" for the purposes of this paper. When we refer to autism and ADHD we do so in the context of the provisions of the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition ("DSM-5"). This is a manual used by clinicians and researchers to diagnose and classify mental disorders, and it is published by the American Psychiatric Association. 

There is a growing lived-experience movement and body of research to support taking a different approach to the categorisation of neurodivergent conditions such as autism and ADHD, and to move away from terminology which focuses on deficits as opposed to differences. However, as things stand, both autism and ADHD are classified as mental disorders for the purposes of the DSM-5 and therefore we have prepared this paper on that basis. 

It is important to recognise that some neurodivergent conditions are considered to be disabilities for the purpose of the Equality Act 2010. A person has a disability for the purposes of the Equality Act 2010 if they have a physical or mental impairment and the impairment has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities. This encompasses conditions including autism and ADHD, as confirmed in the Scottish Government's Consultation on the Learning Disability, Autism and Neurodivergence (Scotland) Bill. 

This means that children who are autistic or have ADHD are protected from disability discrimination by virtue of the Equality Act 2010. Additionally, those exercising public functions in respect of those children must exercise them in compliance with the public sector equality duty.

When we refer to "neurodivergent” children we are using the same meaning as the Scottish Government uses in its consultation on the Learning Disabilities, Autism and Neurodivergence (Scotland) Bill. The consultation document states that, when they use the term "neurodivergent people", they are generally referring to: people with learning disabilities, people with learning difficulties such as dyslexia, autistic people, and a wide variety of people whose neurology is different by virtue of ADHD, Fetal Alcohol Spectrum Disorder, and other conditions.