ADHD UK has issued a legal letter to West Yorkshire NHS integrated care board threatening judicial review proceedings unless the organization reverses its policy requiring a minimum two-year wait for attention deficit hyperactivity disorder and autism assessments. The charity argues the policy is unlawful and was implemented without following proper procedural requirements. The policy took effect earlier this year and affects residents across Leeds, Bradford, Kirklees, Calderdale and Wakefield.
In the legal correspondence, ADHD UK alleged that West Yorkshire ICB breached equalities legislation, violated patients’ legal entitlement to choose non-NHS care providers, failed to engage patients and the public in the decision-making process, and contravened NHS contract regulations. The charity notes the decision lacked published documentation including a decision record, equality impact assessment, public involvement process, demand and capacity analysis, clinical safety assessment, or statement of reasons.
West Yorkshire is among four integrated care boards that have instituted minimum wait periods for neurodiversity assessments, according to recent reporting. Devon, Somerset, and North East and North Cumbria have similarly implemented minimum waits, while an additional 11 ICBs have introduced other rationing mechanisms. Healthcare officials attributed these measures to rising costs generated by the volume of assessment requests.
Concern about the policy has also been voiced by local charities. A spokesperson for Stripes, an organization supporting individuals with ADHD in the region, described the decision as devastating for patients and noted that the board did not consult stakeholders or provide advance notice. The spokesperson referenced faster assessment availability through “right to choose” providers and expressed concern about extended delays discouraging people from pursuing necessary evaluations.
The situation emerges as a government-commissioned review of mental health, ADHD and autism prevalence, led by Prof Peter Fonagy, prepares to release recommendations. The review is expected to propose a “needs-based” system and increased oversight of private psychiatry clinics. West Yorkshire NHS ICB declined to comment further, citing the potential for legal proceedings.
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