By Nicky Tolley
April sees us mark Autism Acceptance Month and World Autism Awareness Day (April 2).
In the UK alone, there are believed to be around 700,000 autistic adults and children, but many more are likely to have the condition but be undiagnosed.
Understanding the theory of autism is very different to understanding what this can be like for autistic people on a practical level. Do we consider what may be going on below the surface?
Everyday activities that we take for granted can be far more exhausting for someone with autism and lead to fatigue and meltdowns.
Maia Toudal writes about the need for Energy Accounting – a need to balance the input and output of your energy levels. This is something that we all have to do but can be paramount for an autistic person if they are to avoid feeling completely overwhelmed.
This is often demonstrated by the analogy of Spoons.
This is now a strategy used in schools to support autistic children, but what happens in the real world?
And, more importantly, what happens to autistic people within the court environment?
It is likely that an autistic person may have less energy in their account anyway, compared to a neurotypical person, so they are already starting at a disadvantage. But this will not be obvious to most people.
Let’s say they start the day with 10 spoons when they wake up to the prospect of attending court.
- One is used getting up and ready to leave the house early because they have not slept well.
- Two are used having to get on a crowded bus because they do not like being around strangers and it is noisy, crowded and there are lots of different smells.
- A further spoon is used getting through security – they don’t like standing in a queue, being touched and the beeping sounds.
- Another spoon is used checking in and waiting for the barrister who they have never met, while the tannoy at court keeps going off unexpectedly.
- A further two are used up meeting the barrister and going into a small room with no windows and having to listen to what they are saying and answer questions. Processing information quickly is very difficult, and the room is hot and stuffy with bright lights.
- Another one is used when they are left on their own because the barrister has to go and speak to other people. The tannoy continues to go off. They want to go outside but they then must come back through security again.
Before even getting into court, the vulnerable person has used 8 of their 10 spoons. And this is only an example. The amount of energy used for each activity will be different for everyone – it may be more or less.
Court is an intimidating environment for anyone; with traditions and rituals that do not get explained. For example, the requirement to stand up when the judge comes in.
An autistic person has to listen to people talking about them, creating stress and anxiety. They have to try and process everything that is being said in a fast-paced manner, using words that they do not necessarily really understand.
They may find this even more difficult if they are hypersensitive to noise because everyone is typing and the noise is distracting or possibly deafening to them.
Is it any wonder that some people just withdraw and stop being able to listen? That they may agree with whatever they are advised because this is easiest solution when their energy tank is running on empty?
Others become so overwhelmed that they become dysregulated and appear to everyone else to be presenting as ‘challenging’, ‘disruptive’, ‘disrespectful’ and ‘rude’ because the proceedings are being disrupted.
This may be the first day of what could be a lengthy trial or hearing.
What happens if they have had to borrow spoons from the next day just to get through day one? Maybe they won’t be able to get to court at all the next day? Or maybe they arrive but become dysregulated or withdrawn as soon as they meet with the barrister?
The courts are under enormous pressure with a backlog of cases to be heard and a limited budget. It is hard for them to always be able to provide the reasonable adjustments necessary.
Intermediaries who specialise in working with autistic people have the knowledge and skills to support the autistic person to ‘conserve their spoons’ and ultimately can save the court time and money by ensuring the trial or hearing can continue and the client can participate effectively.
The intermediary will have been able to discuss strategies to support the person during their assessment and which are personal to that individual. The intermediary can:
- Help to manage a person’s expectations for the day by providing information before they get to court about what will happen at security. explain about the tannoy and discuss if this will be an issue for them and, if so, how to manage, e.g. headphones.
- Remind them what the court room looks like, who they will see and who will speak etc.
- Arrange to meet them at the entrance to court when going through security and provide a schedule of expectations for the day and alert them to any changes that can often add to the stress levels and draining of energy.
- Try and book the vulnerable witness suite or a room in advance that has windows.
- Support the person to manage their sensory needs.
- Allow a person time to focus on their special interest if they have one and spend time discussing this with them or factoring in time for them to focus on this.
- Ensure regular breaks and, when beneficial, suggest that a court session finishes earlier or starts later, to ensure their attendance.
Such approaches will help to conserve the autistic person’s energy tank, ensuring that they are able to effectively participate within the proceedings to the best of their ability.