Prison and ASDs

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It is believed that there are a number of people with autism spectrum disorders (ASDs) within the prison population, and research into this area is currently in progress. This article outlines the rights of people with disabilities when they are in prison. For more detailed information, please contact one of the organisations listed at the end of the article.
 

Visitors

Prisoners have the right to receive visitors and correspondence from their solicitor. Convicted prisoners are allowed a visitor on arrival and then a minimum of two visits every four weeks. Unconvicted prisoners may have daily visits. An 'assisted prison visits scheme' exists for families on a low income to help with travel expenses for prison visits.

Medical care

Convicted prisoners are in the care of the prison medical service, which is not part of the NHS. Prisoners therefore have no right to consult the doctor or dentist of their choice for treatment. However, the prison service accepts that prisoners are entitled to the same standard of medical service as they would receive under the NHS. Each prisoner's medical information is treated as confidential and is not to be disclosed other than for specifically defined circumstances. Under the Data Protection Act 1998 prisoners have a right to access personal data, including their health records.

Support for prisoners with disabilities

 

If a person is diagnosed with ASD whilst in prison they may be placed under section 43 of the Prison Regulation Act, which means they will be classed as vulnerable. This may lead to one of the following options:

• segregation
• being moved to a hospital wing
• being moved to a more suitable prison.

All prisons have a Disability Liaison Officer (DLO) whose role it is to co-ordinate and distribute information about disability to staff and prisoners. In some prisons, DLOs have an extended role which may involve contact with prisoners. All prisons also offer buddy or befriender schemes where prisoners who have been trained by The Samaritans are available to 
offer support to anyone who feels upset or vulnerable.

Disability Discrimination in prison

Under the Disability Discrimination Act (1995) it is unlawful for prisons to discriminate against people with disabilities in the following ways.

• Refusing to provide any goods, facility or services on grounds of disability.
• Providing a service of a lower standard or in a worse manner.
• Failing to comply with the duty to make reasonable adjustments for the disability.

For further information on disability discrimination, contact The Commission for Equality and Human Rights (contact details below).

Further information and advice on prison and related matters is available from the Prison Reform Trust Advice and Information Service.

Useful Contacts

Prisoners' Families Helpline
Unit 21, Carlson Court
116 Putney Bridge Road
SW15 2NQ
0808 808 2003
www.prisonersfamilieshelpline.org.uk
info@prisonersfamilieshelpline.org.uk
 
Prison Reform Trust
15 Northburgh Street
London
EC1V 0JR
020 72515070
www.prisonreformtrust.org.uk/advice.html
 
Assisted Prison Visiting Scheme
Assisted Prison Visits Unit (APVU)
PO Box 2152
Birmingham B15 1SD
Tel: 0845 30 01 423
Prisoners Rights Liberty Guide
http://www.yourrights.org.uk/your-rights/chapters/the-rights-of-prisoners/index.shtml

HM Prison Service
The Secretariat
HM Prison Service Headquarters
Cleland House
Page Street
London, SW1P 4LN
prisons.dg@homeoffice.gsi.gov.uk
www.hmprisonservice.gov.uk

The Commission for Equality and Human Rights
Helpline: 0845 604 6610
www.equalityhumanrights.com

The following related information is available through the Autism Helpline or in 'Related resources' below.

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If an item is marked as available from the NAS please contact:

NAS Publications
Central Books Ltd
99 Wallis Road
London E9 5LN
Tel: +44 (0)845 458 9911
Fax: +44 (0)845 458 9912
Email: nas@centralbooks.com
Online orders: www.autism.org.uk/pubs

If you require further information please contact the NAS Autism Helpline.
Tel: 0845 070 4004
autismhelpline@nas.org.uk

Last updated: August 2008
© The National Autism Society 2008

 

Related resources

Relevant areas/articles elsewhere on this website

• Criminal justice system and ASDs
  

Relevant documents for downloading

• Autism: a guide for criminal justice professionals (PDF)
  Information pack tailored to the needs of criminal justice professionals.

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