ADHD UK has threatened legal action against the West Yorkshire NHS integrated care board (ICB) over its decision to impose a minimum two-year wait for ADHD and autism assessments. The charity alleges the policy is unlawful and will seek a judicial review if it is not reversed.
The legal challenge highlights significant pressures on NHS services for neurodevelopmental assessments, potentially impacting thousands of individuals seeking diagnosis and support, and raises questions about patient rights and procedural fairness in healthcare rationing.
ADHD UK has threatened legal action against the West Yorkshire NHS integrated care board (ICB) over its decision to impose a minimum two-year wait for attention deficit hyperactivity disorder and autism assessments. The charity alleges the policy is unlawful, breaches equalities legislation, denies patients their legal right to choose non-NHS care, and that the decision was made without proper patient or public involvement.
In a legal letter, ADHD UK stated that the West Yorkshire ICB failed to follow correct procedures, including producing a published decision record, equality impact assessment, or demand and capacity analysis. The charity has warned it will seek a judicial review if the ICB does not reverse or suspend the policy and provide necessary documentation.
West Yorkshire ICB introduced the two-year minimum wait this year, affecting thousands of individuals in Leeds, Bradford, Kirklees, Calderdale, and Wakefield. This rationing of access to neurodiversity assessments is also being implemented by other ICBs, with at least four others imposing minimum waits and 11 introducing other rationing mechanisms amid rising demand.
Corinne Hunter, chief executive of Stripes, a charity supporting children and adults with ADHD in West Yorkshire, described the ICB's decision as devastating, noting that her organization was not consulted. She highlighted that 'right to choose' providers could offer assessments much sooner, making the two-year wait particularly difficult for those who have already delayed seeking help until they are struggling significantly.
A spokesperson for NHS West Yorkshire ICB stated that they have received correspondence from ADHD UK and, as the matter may be subject to legal proceedings, they would not comment further.
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