Integrated Care Board makes U-turn on autism assessment criteria changes after legal threat

The campaign group, Access for Autism, launched a Crowd Justice campaign in March to fund legal action, after the new ICB agreed a policy in February which meant that children would only be assessed for autism and receive a formal diagnosis if their circumstances, health or family situation is in crisis.

Access for Autism said it had “deep concern” over the changes made by the ICB, which is the organisation responsible for the day-to-day running of the NHS in the area.

The campaign group reached their £5,000 fundraising target in order to engage specialist law firm Rook Irwin Sweeney.

In the letter before action, the following grounds of claim were submitted:

1. Failure to consult
2. Breach of Public Sector Equality Duty
3. Failure to consider relevant information/failure to follow NICE Guidelines/NHS Operational Guidance
4. Irrationality
5. Unlawful failure to adhere to statutory duties under NHS Act 2006 and NHS Constitution
6. Breach of Human Rights Act

In an update on 28 April, Access for Autism said on their Crowd Justice page that the ICB have now “reversed Sirona’s decision to change the assessment criteria for autism in Bristol, North Somerset and South Gloucestershire”, in what they described as “an incredible U-turn”.

They revealed that:

• the assessment criteria will revert to the status quo with immediate effect
• all young people on the waiting list will now be triaged in accordance with the old criteria 
• all referrals made since 1 March will now be reconsidered with the old criteria in mind. 

Sirona Care & Health and Bristol, North Somerset and South Gloucestershire ICB said: "We are grateful to all the parents, carers and local councillors who have shared their views regarding the recent changes to the local autism assessment referral criteria. We have always been committed to learning from young people and their families, and revising our approach if necessary, and we are sorry for any additional anxiety caused by the changes.

"Since the changes were introduced, we have also seen several further developments of direct relevance to our approach including publication of the National Framework for Autism Assessment Services and local agreement of £1m in funding to continue a waiting list initiative for autism assessments."

It added: "Considering these developments and the feedback received, we have agreed with our partners that we will revert to the previous assessment criteria, while continuing to triage all referrals based on clinical need and vulnerability as we have always done. We will now work closely with local parents, carers and partners to develop a sustainable approach to meeting the needs of children with neurodiversity.

"We will be contacting the parents and carers of children who have been referred since 1 March to notify them of the revised approach.”

Lottie Winson