ADHD charity threatens court action over West Yorkshire assessment wait
ADHD UK has warned that it may seek a judicial review of West Yorkshire NHS integrated care board’s decision to impose a minimum two-year wait for ADHD and autism assessments. The charity alleges failures involving equality law, patient choice and public consultation. The ICB declined detailed comment because legal proceedings may follow.
ADHD UK has threatened legal action against an NHS organisation over a policy requiring patients in West Yorkshire to wait at least two years for attention deficit hyperactivity disorder and autism assessments. The charity sent a legal letter to West Yorkshire NHS integrated care board, saying it would seek a judicial review if the policy was not withdrawn. The minimum wait was introduced this year and affects people in Leeds, Bradford, Kirklees, Calderdale and Wakefield.
ADHD UK alleges that the board failed to follow the correct procedures. Its claims include breaches of equalities legislation, denial of patients’ legal right to choose non-NHS care and a failure to involve patients, carers or the public in the decision. The charity’s letter before claim also questioned whether the board had produced a decision record, equality impact assessment, public involvement report, demand and capacity analysis, clinical safety assessment or statement of reasons specifically for the two-year minimum.
Henry Shelford, ADHD UK’s chief executive, said the organisation believed restricting patient choice was unlawful. He said the charity would ask West Yorkshire to suspend or withdraw the policy and reconsider it lawfully if the matter was not resolved. Corinne Hunter, chief executive of the West Yorkshire charity Stripes, said the decision was devastating for patients.
She said her organisation had not been consulted or informed in advance and that some patients had learned about the change through service users. Hunter said providers available through patients’ right to choose could offer assessments sooner, while people seeking help might already have waited years before requesting an assessment. A spokesperson for NHS West Yorkshire ICB confirmed receipt of ADHD UK’s correspondence but declined to comment further, saying the matter could be subject to legal proceedings.
The dispute comes before a government-commissioned review of mental health, ADHD and autism prevalence led by Professor Peter Fonagy.
This independently written report is based on information supplied by the named publisher. Vertrix News has not independently verified the source report.