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Some children with learning difficulties are at risk of being given antisocial behaviour disorders because their conditions are misunderstood, campaigners have warned.

Charities are calling for greater protection for children with autism, Asperger’s syndrome and attention deficit hyperactive disorder whose behaviour is defined as “antisocial” under hard-hitting legislation.

In one case, a 12-year-old with Asperger’s syndrome who was verbally aggressive to neighbours only “narrowly escaped” an Asbo after a support group intervened.  Another 12-year-old diagnosed with ADHD was threatened with an Asbo due to behavioural problems, while one family feared they might have to move after their autistic child was labelled “psychotic” by neighbours.

The cases are part of a growing body of evidence being collected by the British Institute for Crain-Injured Children (Bibic) and the National Autistic Society.

Pam Knight, director of development and communications at Bibic, said: “When the Home Office talks about ‘families from hell’ they are at times referring to families with children with these conditions.  The phraseology used is aggressive, and children with these difficulties are being tarred with the same brush.”

Alex Gask, a solicitor for human rights group Liberty, told a conference organised by Bibic last week that  antisocial behaviour legislation did not offer enough protection for people with learning difficulties.

He said: “The definition of antisocial behaviour tends to be ‘whatever the victim thinks it means’.  People with learning difficulties are vulnerable under this legislation because it is too vague.”

Gask also said sentencing left “little scope” for taking into account whether offenders were capable of adhering to Asbo conditions.

The Home Office admitted to the conference that they did not collect statistics on the number of people with learning difficulties who were given antisocial behaviour orders.

The National Autistic Society highlighted an “urgent” need for more training of courts and police.

The Youth Justice Board is to publish guidance for youth offending teams on antisocial behaviour orders next month which will highlight the need for the assessment of people with learning difficulties.