In the UK, individuals with autism and ADHD are protected under the Equality Act 2010, which provides various rights and entitlements aimed at promoting equality and preventing discrimination. Below are the key benefits, legal protections, and reasonable adjustments available—even for those still awaiting formal diagnosis.
Pre-Diagnosis Support
Even without a confirmed diagnosis, you may be eligible for a range of benefits based on your needs and difficulties:
1. Disability Living Allowance (DLA) or Personal Independence Payment (PIP)
- Applies to children under 16 (DLA) or those 16+ (PIP)
- You can apply based on needs rather than diagnosis
- Focus the application on how symptoms affect daily living
2. Universal Credit
- Additional elements may be available if your condition affects your ability to work
- A Work Capability Assessment determines eligibility for extra support
3. Carers Allowance
- For those providing 35+ hours/week of care
- The cared-for person must receive certain qualifying benefits
School and Education Support
1. SEN Support
- Schools must make reasonable adjustments even without a diagnosis
- Request a meeting with the SENCO to discuss your child’s needs
2. Disabled Students’ Allowance (DSA)
- Available for higher education students with evidence of needs
- You can apply while awaiting formal diagnosis
Local Authority Support
1. Early Help Services
- Family support and parenting programs
- Accessible without diagnosis through self-referral or school referral
2. Social Care Assessment
- Requestable based on needs
- May lead to respite care, short breaks, or other services
Healthcare Support
1. Right to Choose (England only)
- Allows referrals to alternate providers for faster assessments
- Requires GP support; availability depends on the area
2. Pre-diagnostic Support Groups
- Many NHS trusts offer support groups while waiting for assessments
Practical Tips for Accessing Support
- Focus on describing needs and functional challenges rather than waiting for diagnosis
- Gather evidence from professionals (e.g., GP, SENCO, therapist)
- Contact local neurodivergent support groups for tailored advice
- Seek assistance from Citizens Advice or welfare rights advisors
Legal Rights under the Equality Act 2010
Protection Against Discrimination
- The Equality Act 2010 protects individuals from discrimination at work, in education, and in accessing services
Right to Reasonable Adjustments
- Employers, educators, and service providers must make adjustments to accommodate neurodiverse needs
Access to Healthcare
- You are entitled to accessible, appropriate healthcare services
Reasonable Adjustments Examples
In the Workplace
- Flexible hours or remote working options
- Adjusted workloads or clearer task instructions
- Quiet workspaces or designated focus areas
- Workplace training on neurodiversity awareness
In Education
- Adapted teaching styles or use of EHCP/My Plan+/SEN Plans
- Extra time for exams and assignments
- Use of assistive technology
- Support worker, teaching assistant, or peer mentor availability
In Health Services
- Clear, jargon-free communication
- Extended appointment times
- Access to interpreters or advocates if needed
Securing Adjustments: What to Do
Before Assessment
- Inform your GP, school, or employer of your support needs as soon as possible
- Document helpful strategies you’ve used previously
After Assessment
- Share your diagnosis and suggest specific reasonable adjustments
- Arrange a “reasonable adjustments conversation” to tailor support
Understanding your rights under the Equality Act 2010 empowers you to advocate for the support and understanding you deserve—whether you’re at work, in school, or navigating healthcare systems.