· Resources · 4 min read
What does the law say about having a diagnosis?
Learn what UK law says about autism and ADHD diagnosis, and how you can get support from the NHS, work, education, and social care with or without one.
People often ask whether you need a diagnosis of autism or ADHD to get help. The answer depends both on your preference, and on what kind of support you want to access. This post explains what the law and guidelines say about diagnosis and your rights under UK law. It covers the NHS, education, work, and social care.
Diagnosis and the NHS
The NHS follows guidance from the National Institute for Health and Care Excellence, often called NICE. For autism, this is NICE guideline CG142 on autism in adults. For ADHD, it is NICE guideline NG87 on ADHD diagnosis and management. These describe how adults should be assessed and supported.
You do not always need a diagnosis to get support from the NHS. The NHS Constitution for England says that everyone has the right to care based on their needs. This means you can ask for reasonable adjustments even before an assessment or diagnosis.
However, some specialist services can only accept referrals after a formal diagnosis. For example, ADHD medication clinics may require one, as providing medication without a diagnosis may be classed as ‘off label’ use.
The Equality Act 2010 protects people whose condition has a long-term effect on daily life. This protection applies whether the condition has been diagnosed or not.
Diagnosis and work
At work, the Equality Act 2010 requires employers to make reasonable adjustments for disabled people. This includes people who are autistic or have ADHD when these conditions have a lasting and significant impact on daily life.
You do not need a diagnosis to ask for changes that make work easier. What matters is how the condition affects you. A clear believable description of your needs is enough.
If you apply for Access to Work, the government may ask for some evidence. You can still qualify for support without a diagnosis if your needs are clear. Support may include specialist mentoring, equipment, or help with communication and focus.
Diagnosis and education
Schools, colleges, and universities must support learners with special educational needs or disabilities under the Children and Families Act 2014 and the Equality Act 2010.
You do not need a diagnosis to get help in education. What matters is how you learn and what support you need. A diagnosis can help when applying for formal plans such as an Education, Health and Care Plan or Disabled Students’ Allowance, but it is not a legal requirement.
Teachers and support staff should make adjustments based on observed needs. This could include quiet spaces, flexible deadlines, or clear written instructions.
Social care and benefits
For social care, local councils must assess anyone who may need support under the Care Act 2014. They must look at what you can and cannot do safely, not just at your diagnosis.
When applying for Personal Independence Payment (PIP), a diagnosis can support your claim, but it is not required. Decisions are based on how your condition affects daily life.
If you need help from adult social services, you can ask for a needs assessment under the Care Act at any time. They cannot refuse because you do not have a diagnosis and should not assume your level of functioning simply if you do not have a formal diagnosis.
National guidance and STOMP
The government’s National Autism Strategy sets out how services should improve access to diagnosis and support. It does not require a formal diagnosis to be considered under this strategy, instead describing autism as “a lifelong developmental disability that affects how people perceive, communicate and interact with others”.
Why the name still matters
If two people have the same needs, why does a diagnosis matter? In many ways, it should not. What matters is the right support.
Still, in addition to being a personal decision, a diagnosis can make some things easier. It can help people more easily explain their needs, access specialist services, and understand themselves better. It can also reduce self-blame by providing a clear explanation for lifelong differences.
Even so, the law focuses on impact, not labels. Under the Equality Act, people are protected based on how their condition affects them, whether diagnosed or not.
The NHS Constitution and your rights
The NHS Constitution sets out your rights when using NHS services. These include the right to:
- access care based on need and clinical judgement
- be treated with dignity and respect
- have information kept safe and shared only when lawful
- receive clear communication about care and treatment
- complain and be listened to
These rights apply to everyone, including autistic and ADHD adults, with or without a diagnosis.
