ADHD UK seeks judicial review over West Yorkshire NHS waiting period
Charity ADHD UK has issued a formal legal letter threatening a judicial review against West Yorkshire NHS integrated care board (ICB) over its decision to impose a two-year minimum waiting period for attention deficit hyperactivity disorder and autism assessments.
- West Yorkshire ICB instituted a two-year minimum wait for neurodiversity assessments this year, impacting patients across Leeds, Bradford, Kirklees, Calderdale, and Wakefield.
- ADHD UK alleges the policy breaches equalities legislation, denies patients the legal right to choose non-NHS care, and proceeds without proper public consultation or clinical safety assessments.
- The dispute precedes a government-commissioned review led by Professor Peter Fonagy, which is expected to examine mental health prevalence and propose a needs-based triage system.
Legal Challenge Filed Over West Yorkshire NHS Wait Times
The legal letter, sent to West Yorkshire NHS integrated care board and reviewed by the Guardian, argues that the two-year waiting time policy is unlawful. ADHD UK stated it will seek a judicial review if the board fails to reverse the rule. The policy affects thousands of individuals seeking evaluations for possible ADHD or autism across Leeds, Bradford, Kirklees, Calderdale, and Wakefield.
According to ADHD UK, the ICB failed to follow mandatory administrative procedures. The charity alleges that the board breached equalities legislation, denied patients their legal right to choose non-NHS care under NHS contract regulations, and omitted public and patient involvement in the decision-making process.
Henry Shelford, the chief executive of ADHD UK, stated: “We have sent formal notice warning West Yorkshire that we are prepared to go to court unless it scraps that rule. We believe locking patients out of NHS choice is illegal because it breaches patients’ legal right to choose where they receive NHS care. We believe the processes they’ve strung together to push this through have been used incorrectly and, in some cases, improperly.”
Widening Rationing Measures Across Regional NHS Boards
West Yorkshire is not an isolated case regarding neurodiversity assessment delays. Previous reporting revealed that West Yorkshire is one of four regional ICBs—alongside Devon, Somerset, and North East and North Cumbria—to implement minimum waiting periods amid rising financial costs driven by high volumes of assessment requests. An additional 11 ICBs have introduced alternative mechanisms to restrict the number of diagnostic evaluations.
The legal notice sent by ADHD UK highlights a lack of documentation supporting the policy change. The letter states that there is no published decision record, equality impact assessment, public involvement framework, demand and capacity analysis, clinical safety assessment, or statement of reasons specific to the two-year minimum.
Corinne Hunter, the chief executive of Stripes, a charity supporting children and adults with ADHD in West Yorkshire, described the impact of the ICB’s decision on patients. She noted that the organization was not consulted or notified in advance, learning about the policy through word of mouth from service users. She noted that while right-to-choose providers can offer assessments sooner, local residents now face a minimum two-year wait.
Hunter stated: “People often put off seeking an ADHD assessment for years, until they reach the point where they are really struggling to cope. Getting referred can finally feel like there is some light at the end of the tunnel, only to then be told that light could be another two years away.”
Upcoming National Review and NHS Response
The dispute unfolds as a government-commissioned review of mental health, ADHD, and autism prevalence approaches publication. Led by Professor Peter Fonagy, the review is anticipated to recommend a needs-based system where patients presenting with ADHD symptoms undergo clinical triage and receive support without automatically requiring a formal diagnosis. The upcoming review is also expected to propose increased regulatory oversight for private psychiatry clinics.
In response to the legal correspondence, a spokesperson for NHS West Yorkshire ICB stated: “We have received correspondence from ADHD UK. As this matter may be subject to legal proceedings, it would not be appropriate to comment further at this stage.”
Disclaimer: The information provided in this article is for educational and scientific communication purposes only and does not constitute medical advice. Always consult with a qualified healthcare provider regarding any medical condition, diagnosis, or treatment plan.