Neurodiverse condition Disability

Neurodiverse conditions and the relationships with disability under the Equality Act 2010

Italic text indicates the diagnostic criteria that means the diagnosis meets the deffinition of disability under the |Equality act

The majority of neurodiverse conditions are classified under ICD 11

06 Mental, behaviour numbers the first time al or neurodevelopmental disorders

subsection

Neurodevelopmental disorders

• 6A01 Developmental speech or language disorders

Developmental speech or language disorders arise during the developmental period and are characterised by difficulties in understanding or producing speech and language or in using language in context for the purposes of communication that are outside the limits of normal variation expected for age and level of intellectual functioning. The observed speech and language problems are not attributable to regional, social, or cultural/ethnic language variations and are not fully explained by anatomical or neurological abnormalities. The presumptive aetiology for Developmental speech or language disorders is complex, and in many individual cases, is unknown.

• 6A02 Autism spectrum disorder

Autism spectrum disorder is characterised by persistent deficits in the ability to initiate and to sustain reciprocal social interaction and social communication, and by a range of restricted, repetitive, and inflexible patterns of behaviour, interests or activities that are clearly atypical or excessive for the individual’s age and sociocultural context. The onset of the disorder occurs during the developmental period, typically in early childhood, but symptoms may not become fullyfully manifest until later, when social demands exceed limited capacities. Deficits are sufficiently severe to cause impairment in personal, family, social, educational, occupational or other important areas of functioning and are usually a pervasive feature of the individual’s functioning observable in all settings, although they may vary according to social, educational, or other context. Individuals along the spectrum exhibit a full range of intellectual functioning and language

• 6A03 Developmental learning disorder

Developmental learning disorder is characterised by significant and persistent difficulties in learning academic skills, which may include reading, writing, or arithmetic. The individual’s performance in the affected academic skill(s) is markedly below what would be expected for chronological age and general level of intellectual functioning, and results in significant impairment in the individual’s academic or occupational functioning. Developmental learning disorder first manifests when academic skills are taught during the early school years. Developmental learning disorder is not due to a disorder of intellectual development, sensory impairment (vision or hearing), neurological or motor disorder, lack of availability of education, lack of proficiency in the language of academic instruction, or psychosocial adversity.

* 6A04 Developmental motor coordination disorder

Developmental motor coordination disorder is characterised by a significant delay in the acquisition of gross and fine motor skills and impairment in the execution of coordinated motor skills that manifest in clumsiness, slowness, or inaccuracy of motor performance. Coordinated motor skills are markedly below that expected given the individual's chronological age and level of intellectual functioning. Onset of coordinated motor skills difficulties occurs during the developmental period and is typically apparent from early childhood. Coordinated motor skills difficulties cause significant and persistent limitations in functioning (e.g. in activities of daily living, school work, and vocational and leisure activities). Difficulties with coordinated motor skills are not solely attributable to a Disease of the Nervous System, Disease of the Musculoskeletal System or Connective Tissue, sensory impairment, and not better explained by a Disorder of Intellectual Development.

• 6A05 Attention deficit hyperactivity disorder

Attention deficit hyperactivity disorder is characterised by a persistent pattern (at least 6 months) of inattention and/or hyperactivity-impulsivity that has a direct negative impact on academic, occupational, or social functioning. There is evidence of significant inattention and/or hyperactivity-impulsivity symptoms prior to age 12, typically by typically early to mid-childhood, though some individuals may first come to clinical attention later. The degree of inattention and hyperactivity-impulsivity is outside the limits of normal variation expected for age and level of intellectual functioning. Inattention refers to significant difficulty in sustaining attention to tasks that do not provide a high level of stimulation or frequent rewards, distractability and problems with organisation. Hyperactivity refers to excessive motor activity and difficulties with remaining still, most evident in structured situations that require behavioural self-control. Impulsivity is a tendency to act in response to immediate stimuli, without deliberation or consideration of the risks and consequences. The relative balance and the specific manifestations of inattentive and hyperactive-impulsive characteristics varies across individuals, and may change over the course of development. In order for a diagnosis to be made, manifestations of inattention and/or hyperactivity-impulsivity must be evident across multiple situations or settings (e.g. home, school, work, with friends or relatives), but are likely to vary according to the structure and demands of the setting. Symptoms are not better accounted for by another mental, behavioural, or neurodevelopmental disorder and are not due to the effect of a substance or medication.

Other neurodiverse conditions conditions

• Visual stress (also called Meares-Irlen Syndrome)

This has no direct classification under ICD 11 however it could possibly consider to fall under 9D93 Complex vision-related dysfunctions

Complex Vision-Related Dysfunctions involve interactions with other sensory and motor systems. They reflect the combined effects at all stages of processing.

It is however it is generally accepted to exist in the United Kingdom and there is some case law supporting it meeting the criteria for disability under the Equality Act.

• Auditory processing disorder

Generally accepted to classify under AB5Y Other specified disorders with hearing impairment

Auditory processing disorder (APD) is where you have difficulty understanding sounds, including spoken words. There are things you can do that can help. NHS there is little case law as to whether APD is always a disability. However in view of the fundamental importance of hearing for disability as a sense it is likely to meet the diagnostic criteria under the equality act

• Dyslexia

ICD 11 divides the classification of Dyslexia into two parts 1.MB4B.0 Dyslexia and alexia 2.6A03 Developmental learning disorder. The first being used for the acquired form of impairment. While the second is used for the developmental form. This unfortunately can lead to a great deal of confusion as both are referred to dyslexia in almost all situations. In the absence of a traumatic cause the use of dyslexia will always indicate a diagnosis of 6A03 developmental learning disorder and thus the disability under the Equality Act.

• Dyspraxia

This is an alternative name for 6A04 Developmental motor coordination disorder

• Dyscaculia

This is contained in 6A03 Developmental learning disorder