Charity threatens legal action over two-year NHS wait for ADHD and autism assessments

by | Oct 6, 2026 | Health

Charity threatens legal action over two-year NHS wait for ADHD and autism assessments

ADHD UK has escalated its dispute with West Yorkshire NHS integrated care board by issuing a formal legal notice threatening judicial review over the organisation’s implementation of a minimum two-year waiting period for attention deficit hyperactivity disorder and autism assessments. The charity contends that the policy violates equalities legislation, infringes patients’ legal rights to select non-NHS care providers, and breaches NHS contract regulations.

West Yorkshire ICB introduced the two-year minimum wait earlier this year, creating extended delays for residents across Leeds, Bradford, Kirklees, Calderdale and Wakefield seeking neurodiversity assessments. The move coincides with broader rationing efforts across the health service, with four integrated care boards—West Yorkshire, Devon, Somerset, and North East and North Cumbria—implementing minimum waits for such assessments due to rising costs linked to high demand. An additional 11 boards have adopted alternative rationing mechanisms.

ADHD UK’s legal correspondence asserts that West Yorkshire failed to follow proper procedural requirements and did not conduct necessary documentation including published decision records, equality impact assessments, public consultations, or clinical safety evaluations. The charity’s chief executive stated the board’s actions have effectively locked patients out of NHS choice provisions and proceeded through improper processes. Unless West Yorkshire withdraws or suspends the policy and undertakes lawful reconsideration, ADHD UK will pursue judicial review.

The dispute emerges as a government-commissioned prevalence review led by Prof Peter Fonagy prepares recommendations that may reshape how ADHD and autism are managed within the NHS. The anticipated findings are expected to propose a needs-based system where patients receive early support through triage rather than automatic formal diagnosis, alongside increased oversight of private psychiatry services.

Concerns about patient impact have been raised by supporting charities, with representatives noting the policy was implemented without advance notification to advocacy groups or affected communities. NHS West Yorkshire ICB declined to comment further, citing potential legal proceedings.

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