Is ADHD a Disability in the UK?

What is ADHD?

Attention Deficit Hyperactivity Disorder (ADHD) is a neurological condition that affects behaviour in both children and adults. While symptoms vary from person to person, ADHD typically shows up in two main ways:

• Inattentiveness – this can affect an individual’s ability to focus, concentrate, or stay organised
• Hyperactivity and impulsiveness – this can cause behaviours like fidgeting, excessive movement, and the urge to shout or blurt things out

Individuals diagnosed with ADHD may lean more towards one type of ADHD than the other (i.e. only inattentiveness) or experience a combination of the two. 

Although there can be an unfair stigma around ADHD, studies suggest that individuals with the condition can be especially creative and, in some cases, have been shown to experience greater success in their creative endeavours than people without ADHD.

Is ADHD Classed as a Disability in the UK?

Yes, ADHD can be classed as a disability. This is because it can have a significant long-term impact on someone’s daily life. 

In the UK, the most recognised and accepted way to determine whether a condition is considered a disability is to refer to the Equality Act 2010. Although the Act was created to protect disabled people from unfair discrimination, it also acts as a legal framework that can inform the need for workplace or educational adjustments and accommodations. 

According to the Equality Act 2010, a condition is classed as a disability if it has a ‘substantial’ and ‘long-term’ negative effect on someone’s day-to-day life. Since ADHD symptoms can affect daily tasks – such as managing work and education – ADHD meets these criteria.

Is ADHD a Learning Disability?

This is where things can get a bit confusing. While ADHD can be considered a disability under the Equality Act, in educational settings, it tends to be classed as a learning difficulty, not a learning disability.

So, what’s the difference?

A learning difficulty affects learning processes such as reading, writing, or numeracy, but doesn’t affect overall intelligence. A learning disability, on the other hand, significantly reduces a person’s ability to understand and use information. This includes learning new things and managing daily tasks independently – it impacts a person’s overall cognitive function.

It’s important to remember that these are general distinctions, and there can be overlap. For example, an individual with ADHD may face learning challenges, but this doesn’t automatically mean they have a learning disability, and vice versa.

How is ADHD Diagnosed?

In the UK, NHS doctors cannot make ADHD diagnoses; however, they can refer people for specialist assessments and place them on a waiting list. As it currently stands, the wait time to see an ADHD specialist on the NHS is growing, and it’s not uncommon for patients to wait one to two years to be seen. For patients opting to go down the private route, this wait is significantly reduced and can take anywhere between a few weeks and a few months.

During an online or in-person ADHD assessment, a clinician will typically: 

• Conduct interviews with the patient 
• Gather information regarding their mental health history 
• Discuss any significant childhood experiences
• Check symptoms against ADHD criteria

In most cases, the assessment takes between one and three hours to complete.

For an individual to receive an ADHD diagnosis, the clinician carrying out the assessment must be satisfied that the person’s symptoms are having a moderate effect on their life. For example, they might try to determine whether the condition affecting the person’s ability to work. Does it cause the person’s relationship to break down? Or are there signs that it’s putting them in danger?

If it is decided that a person does have ADHD, treatment options will be discussed.

Does ADHD Have to Be Medicated to Qualify as a Disability?

No – nowhere in the Equality Act 2010 does it state that a person must be taking medication for their condition to be classed as a disability. The reality is, that not everyone with ADHD needs or chooses medication. Treatment decisions are based on many factors, and those prescribing treatment will always take into account an individual’s specific symptoms, overall health, and personal preferences.

Can Individuals Claim Disability Benefits for ADHD?

Yes, provided someone’s ADHD meets the criteria for a disability under the Equality Act 2010. 

The two main sources of support are Personal Independence Payment (PIP) and Access to Work.

PIP is available to individuals with ongoing physical or mental health challenges. Since PIP isn’t means tested, a person’s eligibility isn’t affected by income or how much financial support they already get. Considerations are made based upon a person’s symptoms, and how those symptoms impact their ability to manage everyday tasks. 

For those in employment, there’s also the option to receive funding through Access to Work. This programme can help to cover the cost of adjustments that go beyond an employer’s legal responsibility to make reasonable accommodations. 

For example, it can fund things like ADHD coaching, assistive software, or noise-cancelling headphones. A person with ADHD can apply for Access to Work if they’re employed or self-employed, and up to 100% of the costs may be covered.

Assistive Technology for ADHD in Work and Education

Assistive technology is a big part of helping people ADHD to navigate work and education. From note-taking software that allows for enhanced focus and productivity to easy planning apps that help with organisation, these innovative tools can make a huge difference for students and employees struggling to manage their ADHD. 

If you’re keen to find out more about the benefits of assistive technology for ADHD, please don’t hesitate to reach out to our team. We’re deeply passionate about creating these tools, and are committed to finding the right solutions for everyone.