15 July 2025 Keith Rix 49 Case Updates ADHD, ASD and disability byKeith Rix Commentary This case is a useful reminder about the meaning of disability in the Equality Act and the matters that expert evidence must address. Learning points: A report may be only as reliable as the subject of the report. It is a matter for the tribunal to assess the reliability of the claimant. Just because someone has a diagnosis, such as of autism or ADHD, it does not mean that they are disabled within the meaning of section 6 of the EA 2010. A report should make clear upon what basis the diagnosis has been made and how findings as to the ability to carry out day-to-day activities has been reached; the tribunal needs evidence as to the impact of that impairment. It is then for the Tribunal to engage with all of the evidence to deal with the question of 'substantial adverse effect'. To continue reading you must be an EWI member, become a member and access exclusive content. Already a member? Login More links Link to the Judgment Share Print Tags Autistic spectrum disorderPsychologyPsychiatryEquality Act 2010 Related articles The diagnosis hang-up and cardiological manifestations of PTSD Degenerative or traumatic spinal damage? Can capacity be assessed on papers without a consultation? When expert evidence falls well below the standard of a competent expert witness Litigation capacity Comments are only visible to subscribers.