Asked by: Stephanie Peacock (Labour - Barnsley East)
Question to the Department of Health and Social Care:
To ask the Secretary of State for Health and Social Care, what assessment she has made of NHS England’s ability to categorise neuro-developmental conditions in accordance with the Equality Act 2010.
Answered by Maria Caulfield - Parliamentary Under Secretary of State (Department for Business and Trade) (Minister for Women)
The term neurodevelopmental condition encompasses a wide range of conditions. The majority of services for neurodevelopmental conditions are commissioned locally by integrated care boards (ICBs). There is no singular dataset which provides data on the number of all neurodevelopmental conditions by region. There are, however, some datasets which provide useful information nationally and locally on the numbers of people being referred for assessments or diagnosed with specific neurodevelopmental conditions, to support local service commissioning and provision. This includes the autism waiting times statistics, the Assuring Transformation data collection, the Mental Health Services Data Set, Community Services Data Set, and the Commissioning Data Sets. There is also an indicator in the Network Contract Directed Enhanced Service monthly publication which is a count of all patients that have a diagnosis of autism in their general practice (GP) records, by each GP.
No assessment has been made of NHS England’s ability to categorise neurodevelopmental conditions in accordance with the Equality Act 2010. It is for individual National Health Service organisations, including NHS trusts and ICBs, to comply with the Equality Act 2010, guidance for which is available at the following link:
https://www.gov.uk/guidance/equality-act-2010-guidance
The act defines disability as a physical or mental impairment which has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities. Further information can be found at the following link:
https://www.gov.uk/definition-of-disability-under-equality-act-2010
Patients with neurodevelopmental conditions are not categorised by NHS England as to whether they meet the definition of disabled under the Equality Act 2010, and nor does the act require this.
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Asked by: Stephanie Peacock (Labour - Barnsley East)
Question to the Department of Health and Social Care:
To ask the Secretary of State for Health and Social Care, what guidance her Department issues to NHS England regarding the use of reasonable adjustment digital flags.
Answered by Maria Caulfield - Parliamentary Under Secretary of State (Department for Business and Trade) (Minister for Women)
It is for individual National Health Service organisations, including NHS trusts and integrated care boards, to comply with the Equality Act 2010, guidance on which is available at the following link:
https://www.gov.uk/guidance/equality-act-2010-guidance
The act defines disability as a physical or mental impairment which has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities. Further information on the definition of disability according to the act can be found at the following link:
https://www.gov.uk/definition-of-disability-under-equality-act-2010
No assessment has been made of the potential merits of issuing guidance to NHS England on the categorisation of disability. NHS England has issued guidance for NHS commissioners on equality and health inequalities legal duties. It has also issued guidance with respect to the Reasonable Adjustments Digital Flag (the Flag). Under the Equality Act 2010, organisations have a legal duty to make changes in their approach or provision, to ensure that services are as accessible to disabled people as they are for everybody else. These changes are called reasonable adjustments. The Flag was developed in the NHS Spine to enable health and care workers to record, share, and view details of reasonable adjustments across the NHS, wherever the person is treated. It is now accessible on the National Care Records Service, which is available at the following link:
https://digital.nhs.uk/services/national-care-records-service
The Flag is designed to provide staff with information on their duties under the Equality Act 2010. It lists existing adjustments defined by clinical codes, such as communication needs defined using the Accessible Information Standard clinical codes, which is available at the following link:
https://www.england.nhs.uk/publication/accessible-information-standard-implementation-guidance/
It also provides the opportunity to create highly individualised bespoke adjustments for patients. The service holds records for all patients in England who have been flagged as needing reasonable adjustments. A record is created for a patient when a health or social care worker first records the patient's reasonable adjustments.
The Flag provides basic context about a patient, key adjustments, and the details related to this and further information to aid health and care workers. This legal duty is anticipatory, which means a service should know about a person’s need for adjustments when they are referred or present for care. For this to happen, and for optimum care to be delivered, adjustments need to be recorded and shared across the NHS. The Flag can also record if a patient meets the Equality Act definition of disability, which is an impairment with substantial and long-term adverse effect on normal day to day activity. It can also optionally contain details of the disability or long term condition that is the source of the patient’s impairment, in line with the Equality Act 2010 guidance. The impairment type list in the guidance shows the impairment types that can be recorded.
Asked by: Stephanie Peacock (Labour - Barnsley East)
Question to the Department of Health and Social Care:
To ask the Secretary of State for Health and Social Care, what assessment she has made of the potential merits of issuing guidance to NHS England on the categorisation of disabilities.
Answered by Maria Caulfield - Parliamentary Under Secretary of State (Department for Business and Trade) (Minister for Women)
It is for individual National Health Service organisations, including NHS trusts and integrated care boards, to comply with the Equality Act 2010, guidance on which is available at the following link:
https://www.gov.uk/guidance/equality-act-2010-guidance
The act defines disability as a physical or mental impairment which has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities. Further information on the definition of disability according to the act can be found at the following link:
https://www.gov.uk/definition-of-disability-under-equality-act-2010
No assessment has been made of the potential merits of issuing guidance to NHS England on the categorisation of disability. NHS England has issued guidance for NHS commissioners on equality and health inequalities legal duties. It has also issued guidance with respect to the Reasonable Adjustments Digital Flag (the Flag). Under the Equality Act 2010, organisations have a legal duty to make changes in their approach or provision, to ensure that services are as accessible to disabled people as they are for everybody else. These changes are called reasonable adjustments. The Flag was developed in the NHS Spine to enable health and care workers to record, share, and view details of reasonable adjustments across the NHS, wherever the person is treated. It is now accessible on the National Care Records Service, which is available at the following link:
https://digital.nhs.uk/services/national-care-records-service
The Flag is designed to provide staff with information on their duties under the Equality Act 2010. It lists existing adjustments defined by clinical codes, such as communication needs defined using the Accessible Information Standard clinical codes, which is available at the following link:
https://www.england.nhs.uk/publication/accessible-information-standard-implementation-guidance/
It also provides the opportunity to create highly individualised bespoke adjustments for patients. The service holds records for all patients in England who have been flagged as needing reasonable adjustments. A record is created for a patient when a health or social care worker first records the patient's reasonable adjustments.
The Flag provides basic context about a patient, key adjustments, and the details related to this and further information to aid health and care workers. This legal duty is anticipatory, which means a service should know about a person’s need for adjustments when they are referred or present for care. For this to happen, and for optimum care to be delivered, adjustments need to be recorded and shared across the NHS. The Flag can also record if a patient meets the Equality Act definition of disability, which is an impairment with substantial and long-term adverse effect on normal day to day activity. It can also optionally contain details of the disability or long term condition that is the source of the patient’s impairment, in line with the Equality Act 2010 guidance. The impairment type list in the guidance shows the impairment types that can be recorded.
Asked by: Stephanie Peacock (Labour - Barnsley East)
Question to the Department of Health and Social Care:
To ask the Secretary of State for Health and Social Care, whether the NHS reasonable adjustment digital flag indicates that the NHS accept that the individual has a disability.
Answered by Maria Caulfield - Parliamentary Under Secretary of State (Department for Business and Trade) (Minister for Women)
It is for individual National Health Service organisations, including NHS trusts and integrated care boards, to comply with the Equality Act 2010, guidance on which is available at the following link:
https://www.gov.uk/guidance/equality-act-2010-guidance
The act defines disability as a physical or mental impairment which has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities. Further information on the definition of disability according to the act can be found at the following link:
https://www.gov.uk/definition-of-disability-under-equality-act-2010
No assessment has been made of the potential merits of issuing guidance to NHS England on the categorisation of disability. NHS England has issued guidance for NHS commissioners on equality and health inequalities legal duties. It has also issued guidance with respect to the Reasonable Adjustments Digital Flag (the Flag). Under the Equality Act 2010, organisations have a legal duty to make changes in their approach or provision, to ensure that services are as accessible to disabled people as they are for everybody else. These changes are called reasonable adjustments. The Flag was developed in the NHS Spine to enable health and care workers to record, share, and view details of reasonable adjustments across the NHS, wherever the person is treated. It is now accessible on the National Care Records Service, which is available at the following link:
https://digital.nhs.uk/services/national-care-records-service
The Flag is designed to provide staff with information on their duties under the Equality Act 2010. It lists existing adjustments defined by clinical codes, such as communication needs defined using the Accessible Information Standard clinical codes, which is available at the following link:
https://www.england.nhs.uk/publication/accessible-information-standard-implementation-guidance/
It also provides the opportunity to create highly individualised bespoke adjustments for patients. The service holds records for all patients in England who have been flagged as needing reasonable adjustments. A record is created for a patient when a health or social care worker first records the patient's reasonable adjustments.
The Flag provides basic context about a patient, key adjustments, and the details related to this and further information to aid health and care workers. This legal duty is anticipatory, which means a service should know about a person’s need for adjustments when they are referred or present for care. For this to happen, and for optimum care to be delivered, adjustments need to be recorded and shared across the NHS. The Flag can also record if a patient meets the Equality Act definition of disability, which is an impairment with substantial and long-term adverse effect on normal day to day activity. It can also optionally contain details of the disability or long term condition that is the source of the patient’s impairment, in line with the Equality Act 2010 guidance. The impairment type list in the guidance shows the impairment types that can be recorded.
Mentions:
1: Baroness Anelay of St Johns (Con - Life peer) a contested world published in November 2023 (CP 975), what steps they are taking to achieve gender equality - Speech Link
2: Lord Benyon (Con - Life peer) our ambition, we will ensure that at least 80% of FCDO’s bilateral ODA spend has a focus on gender equality - Speech Link
3: Lord Purvis of Tweed (LD - Life peer) critical to securing equality by the target date of 2030. - Speech Link
4: Baroness Foster of Aghadrumsee (Non-affiliated - Life peer) My Lords, one of the most important ways to ensure that we move to equality internationally is to enable - Speech Link
5: Lord Benyon (Con - Life peer) That is why we are working with the OECD through its Development Assistance Committee gender equality - Speech Link
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