Proving you are disabled(neurodiversity) - Revision history

PeteTyerman: /* For diagnostic purposes */

2025-11-16T10:38:28Z

For diagnostic purposes

← Older revision		Revision as of 10:38, 16 November 2025
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	[[Proving you are disabled(neurodiversity)#%20ftnref3\|[3]]] <nowiki>https://www.gov.uk/definition-of-disability-under-equality-act-2010</nowiki>		[[Proving you are disabled(neurodiversity)#%20ftnref3\|[3]]] <nowiki>https://www.gov.uk/definition-of-disability-under-equality-act-2010</nowiki>
	A to B they do not have a disability		A to B they do not have a disability


			''Disclaimer: This page is for general information only and does not constitute legal advice.'' For individual guidance, contact ACAS or the Equality Advisory and Support Service (EASS). See the full [[Legal and Support Disclaimer]] for details.

PeteTyerman at 10:32, 16 November 2025

2025-11-16T10:32:13Z

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			Return to main navigation:* [[Main Page\|Main page]]

	While it should not be a problem there are situations where organisations or individuals do not understand and/or try to deny that they know the neuro diverse are disabled.		While it should not be a problem there are situations where organisations or individuals do not understand and/or try to deny that they know the neuro diverse are disabled.

PeteTyerman at 17:10, 30 October 2025

2025-10-30T17:10:28Z

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	While it should not be a problem there are situations where organisations or individuals do not understand and/or try to deny that they know the neuro diverse are disabled.		While it should not be a problem there are situations where organisations or individuals do not understand and/or try to deny that they know the neuro diverse are disabled.

	[[~~Ersonal~~ evidence for diagnostic purposes\|If you need evidence for diagnosis look here]]		[[Personal evidence for diagnostic purposes\|If you need evidence for diagnosis look here]]

	The purpose of this document to show how you can prove to a court, employer, school local authority or other body that you meet the definition of disability used in the Equality Act 2010(The Act).[[Proving you are disabled(neurodiversity)#%20ftn1\|[1]]]		The purpose of this document to show how you can prove to a court, employer, school local authority or other body that you meet the definition of disability used in the Equality Act 2010(The Act).[[Proving you are disabled(neurodiversity)#%20ftn1\|[1]]]

PeteTyerman at 14:51, 1 October 2025

2025-10-01T14:51:31Z

← Older revision		Revision as of 14:51, 1 October 2025
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	While it should not be a problem there are situations where organisations or individuals do not understand and/or try to deny that they know the neuro diverse are disabled.		While it should not be a problem there are situations where organisations or individuals do not understand and/or try to deny that they know the neuro diverse are disabled.

			[[Ersonal evidence for diagnostic purposes\|If you need evidence for diagnosis look here]]

	The purpose of this document to show how you can prove to a court, employer, school local authority or other body that you meet the definition of disability used in the Equality Act 2010(The Act).[[Proving you are disabled(neurodiversity)#%20ftn1\|[1]]]		The purpose of this document to show how you can prove to a court, employer, school local authority or other body that you meet the definition of disability used in the Equality Act 2010(The Act).[[Proving you are disabled(neurodiversity)#%20ftn1\|[1]]]

PeteTyerman: Separated personal diagnosis page

2025-10-01T09:49:21Z

Separated personal diagnosis page

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	=== For diagnostic purposes ===		=== For diagnostic purposes ===
			The purposes of diagnosis you are evidencing that you have symptoms or signs

	~~=== see~~ [[Personal evidence for diagnostic purposes\|~~'''~~Personal evidence for diagnostic purposes'''~~]] ===~~		'''[[Personal evidence for diagnostic purposes\|see Personal evidence for diagnostic purposes]]'''
	*

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PeteTyerman: Joined personal evidence of diagnostic purpose

2025-10-01T09:44:21Z

Joined personal evidence of diagnostic purpose

@@ Line 227: / Line 227: @@
 === For diagnostic purposes ===
-=== Checklist: personal evidence across life stages ===
+=== see [[Personal evidence for diagnostic purposes|'''Personal evidence for diagnostic purposes''']] ===
-This checklist brings together the types of evidence that can support both diagnosis and proving disability under the Equality Act. You do not need all of these, but the more consistent the pattern across time, the stronger your case will be.
+.
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 [[Proving you are disabled(neurodiversity)#%20ftnref3|[3]]] <nowiki>https://www.gov.uk/definition-of-disability-under-equality-act-2010</nowiki>
 A to B they do not have a disability

PeteTyerman: /* For diagnostic purposes */

2025-10-01T09:34:42Z

For diagnostic purposes

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 .    Parents can sometimes produce evidence of historical issues sometimes in school reports or previous concerns.
-== '''Personal impact statement''' ==
+== '''Personal evidence''' ==
-Usually for proving disability to a court we haven't got a diagnosis that confirms disability
+Important both in courts and  for diagnostic purposes.
-May be useful to consider for diagnostic purposes as impact implies or demonstrates disability.
+Usually for proving disability to a court If you  haven't got a diagnosis that confirms disability
 Solicitors often seem to make this out to be the most important factor in deciding disability whereas independent professional or otherwise is likely to be the most compelling if supporting reported disability.
 It is important that if the personal impact statement is not supported by other evidence or that evidence is not convincing that it is presented to a court in a way that they will understand its significance in terms of the Equality Act definition of disability.
@@ Line 226: / Line 227: @@
 === For diagnostic purposes ===
+.
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 [[Proving you are disabled(neurodiversity)#%20ftnref3|[3]]] <nowiki>https://www.gov.uk/definition-of-disability-under-equality-act-2010</nowiki>
 A to B they do not have a disability

PeteTyerman: minor corrections

2025-10-01T09:04:10Z

minor corrections

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	=== Payments from government Benefits or Social services. ===		=== Payments from government Benefits or Social services. ===
	PIP ~~(personal Independence payments~~) disability living allowance ESA and attendance allowance are strong evidence of disability and should be included as evidence as should any disability component of universal credit.		Personal Independence Payments(PIP) disability living allowance ESA and attendance allowance are strong evidence of disability and should be included as evidence as should any disability component of universal credit.

	=== Evidence from education ===		=== Evidence from education ===
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	The courts have made it clear as described in Mr A Elliott v Dorset County Council: UKEAT/0197/20/LA (V), and in almost all case this should be referenced.		The courts have made it clear as described in Mr A Elliott v Dorset County Council: UKEAT/0197/20/LA (V), and in almost all case this should be referenced.

	The judgement included “The term “substantial” is defined by Section 212 ~~EqA 2010~~ as “more than minor or trivial”. If this statutory definition is met, on a consideration of the ordinary meaning of the words,that takes precedence over the Guidance and Code, including the reference to the “general understanding of disability as a limitation going beyond the normal differences in ability which may exist among people”. The tribunal has to consider whether the Claimant is affected to a more than minor or trivial extent in carrying out day-to-day activities (which may include work activities) as a result of the impairment in comparison to what the situation would be if the Claimant did not have the impairment.”		The judgement included “The term “substantial” is defined by Section 212 The Act as “more than minor or trivial”. If this statutory definition is met, on a consideration of the ordinary meaning of the words,that takes precedence over the Guidance and Code, including the reference to the “general understanding of disability as a limitation going beyond the normal differences in ability which may exist among people”. The tribunal has to consider whether the Claimant is affected to a more than minor or trivial extent in carrying out day-to-day activities (which may include work activities) as a result of the impairment in comparison to what the situation would be if the Claimant did not have the impairment.”

	==== Thus the first major point is to make it clear that any comparator is the "claimant" without a disability. ====		==== Thus the first major point is to make it clear that any comparator is the "claimant" without a disability. ====

PeteTyerman at 09:01, 1 October 2025

2025-10-01T09:01:03Z

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	2. In the case of professional report you may choose to include test results like ~~wais wait~~, Ados etc .These test results carried out in as near as possible ideal conditions for assessing the situation (i.e as much as possible excluding the effects of adjustments workarounds et cetera) can only reasonably be challenged/defended by an appropriate professional with expertise in the specific tests involved. However they are easily misinterpreted by those lacking in appropriate training (teachers, employer, lawyers etc), so providing them needs careful consideration.
			2. In the case of professional report you may choose to include test results like WAIS WAIT, Ados etc .These test results carried out in as near as possible ideal conditions for assessing the situation (i.e as much as possible excluding the effects of adjustments workarounds et cetera) can only reasonably be challenged/defended by an appropriate professional with expertise in the specific tests involved. However they are easily misinterpreted by those lacking in appropriate training (teachers, employer, lawyers etc), so providing them needs careful consideration..

	Even where the professional has not produced a specific diagnosis there can be very strong evidence of disability in the test results. However if interpretations of disability are challenged the professional needs to be called to give evidence or a report produced to interpret the meaning of the tests. The lack of a specific diagnosis, for example, may not mean there is not evidence confirming disability.		Even where the professional has not produced a specific diagnosis there can be very strong evidence of disability in the test results. However if interpretations of disability are challenged the professional needs to be called to give evidence or a report produced to interpret the meaning of the tests. The lack of a specific diagnosis, for example, may not mean there is not evidence confirming disability.

PeteTyerman: reformatting

2025-10-01T08:43:35Z

reformatting

← Older revision		Revision as of 08:43, 1 October 2025
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	3. Parents can sometimes produce evidence of historical issues sometimes in school reports or previous concerns.		3. Parents can sometimes produce evidence of historical issues sometimes in school reports or previous concerns.

			== '''Personal impact statement''' ==
			Usually for proving disability to a court we haven't got a diagnosis that confirms disability

			May be useful to consider for diagnostic purposes as impact implies or demonstrates disability.

			Solicitors often seem to make this out to be the most important factor in deciding disability whereas independent professional or otherwise is likely to be the most compelling if supporting reported disability.

			=== For legal purposes ===
			It is important that if the personal impact statement is not supported by other evidence or that evidence is not convincing that it is presented to a court in a way that they will understand its significance in terms of the Equality Act definition of disability.

			The courts have made it clear as described in Mr A Elliott v Dorset County Council: UKEAT/0197/20/LA (V), and in almost all case this should be referenced.

			The judgement included “The term “substantial” is defined by Section 212 EqA 2010 as “more than minor or trivial”. If this statutory definition is met, on a consideration of the ordinary meaning of the words,that takes precedence over the Guidance and Code, including the reference to the “general understanding of disability as a limitation going beyond the normal differences in ability which may exist among people”. The tribunal has to consider whether the Claimant is affected to a more than minor or trivial extent in carrying out day-to-day activities (which may include work activities) as a result of the impairment in comparison to what the situation would be if the Claimant did not have the impairment.”

			==== Thus the first major point is to make it clear that any comparator is the "claimant" without a disability. ====
			This is important because the respondent may claim or try to claim that you are not disabled because you can do some day-to-day activities to an average standard or even just can do them.

			The comparison should be whether you can do them to the standards expected of somebody with your general ability.

			Example

			Can you read at the same speed and accuracy as someone of the same overall ability and education '''not''' can you read

			Can you communicate and understand and communicate emotions etc to the level expected by you overall ability '''not''' can you communicate.


			You should write the whole of your personal impact statement on this basis.

			==== Secondly the respondent will often ignore extra time effort or adjustments used to meet a high standard to suggest there is no disability, ====
			You may even need to try without using your support techniques that are probably automatic like phone reminders and help from other people to enable you to write your statement from the correct position. You need to describe the difficulties you have if the aids or work rounds are not available both physical and mental i.e if you cannot use a work round when stressed then describe the problem when stressed.

			You should therefore write your impact statement on the basis of the effects of your disability has when you are using no adjustments, support or work rounds.

			==== Thirdly the Equality Act and the courts are expected to look at what you cannot do (or cannot do without significant (more than minor or trivial) extra effort than those without your disability not what you can do. ====
			This allows you to include evidence of the extra effort you have to make to compensate your disability as having to compensate proves disability.


			Any denial on the part of the respondent (school etc) may be challenge if they are basing it on a different standard for the neuro diverse condition than they would for other physical disabilities, This would be discrimination.

			Example they would not claim because a person in a wheelchair can get from A to B they do not have a disability.

			=== For diagnostic purposes ===



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