Do local authorities accept private autism and ADHD diagnoses?
If you’re considering an independent autism or ADHD assessment, you may be concerned that the results won’t count when you turn to your council for ongoing support.
So, will a private diagnosis be accepted by your local authority? There’s more to the answer than a simple ‘yes’ or ‘no’. Every UK local authority is obliged to consider a privately funded autism or ADHD diagnosis, but they’re not automatically compelled to accept its findings without question. The truth is, acceptance or rejection largely depends on the clinical quality of the assessment.
What does “clinical quality” mean here? There are currently no legally-binding rules for carrying out an autism or ADHD assessment, but there are clear guidelines, set out by the National Institute for Health and Care Excellence (NICE). When choosing a private healthcare provider for your assessment, the most important thing to look for is that they follow these guidelines.
This means the assessment should use “gold standard” diagnostic tools e.g. the ADOS-2, and be conducted by a multi-disciplinary team (MDT) of qualified professionals, who are registered with the Health and Care Professions Council (HCPC) as well as with their relevant professional regulatory body. Other recommendations include having an assessment co-ordinator to guide you through the process and be your point of contact.
Read the NICE guidelines for autism assessment in children.
Read the NICE guidelines for ADHD assessment in children.
The legal framework
Local authorities are guided by a legal framework when it comes to considering your diagnosis as part of any application for support. These include:
• The SEND Code of Practice (2015). This explicitly states a local authority cannot reject a professional diagnostic report solely because it was obtained privately.
• SEND Regulation 7(b). When conducting an Education, Health and Care (EHC) needs assessment, a local authority "must consider any information provided... by or at the request of the child, the child's parent or the young person". This places a clear legal duty on the local authority to consider your report.
• The Children Act 1989 (Section 17). Local authorities have a duty to assess the needs of any "child in need" under 18, and provide necessary services. A child with a disability, including autism, falls under this category, and the authority must consider all evidence, regardless of its source.
When the local authority pushes back
What happens if you meet with resistance, despite a solid legal foundation for your case? It’s worth being aware that your council could present some of the following concerns with your report.
• Lack of adherence to NICE guidelines
The main challenge will be whether the private assessment met the national standards for clinical quality. A poor-quality report, or one that doesn’t comply with the guidelines, is less likely to be accepted.
• Multi-disciplinary team (MDT) expertise
NICE guidelines for autism diagnosis require an MDT. If your private assessment was conducted by a single professional, a local authority could challenge its credibility.
• Clinical disagreement
An NHS clinician is not compelled to accept a private diagnosis and may disagree with the findings. If this happens, the local authority could seek further evaluation.
• Outdated practices
Some local authority teams or individual staff may have outdated beliefs or be misinformed, mistakenly believing they can ignore private reports.
Build a strong case
These are the steps you can take to give your diagnostic report the best chance of being accepted by your local authority.
- The number one rule: choose a reputable provider
If you do nothing else, make sure you find out if your healthcare provider follows NICE guidelines, before you commit to an assessment. Ask about their processes and about the clinicians who’ll be involved.
- Share information with your GP
When you receive a private diagnosis, share all documentation with your GP, so it can be added to your medical records. This makes the diagnosis part of your official medical history.
- Challenge if you have to
If your local authority refuses to consider your report, you should challenge their decision. How can you do this?
1. Make a formal complaint. Make sure you follow their published complaints procedure.
2. Inform them of their legal obligations. Remind them of the SEND Code of Practice and your right to submit the report.
3. Appeal to a tribunal. If you’re applying for an Education, Health and Care Plan (EHCP), and they decide not to assess or provide an EHCP, you can appeal the decision. This is free and can be done without involving a lawyer.
4. Contact the Local Government Ombudsman. If you’re not satisfied with the outcome of the complaints procedure, you can escalate it to the ombudsman.
In summary, if you’re careful about the autism and ADHD assessment provider you choose, a “private diagnosis” shouldn’t be viewed any differently than one given by the NHS. Be sure that they offer a high quality, NICE-compliant service. And know your rights.
The ACCESS Speech and Language Therapy Diagnostic Service follows all NICE guidelines. Find out more.