The Learning Disabilities, Autism and Neurodivergence (LDAN) Bill is a vital chance to address entrenched injustices for neurodivergent children. It must include strong, specific, enforceable measures that recognise the particular barriers faced by autistic and ADHD children.
We believe timely, accurate diagnosis is foundational, yet current pathways are hard to access and subject to long delays. If the Bill does not tackle diagnosis, it risks ignoring its own consultation evidence.
Pragmatic legislative options include:
Requiring national and local strategies to show how NHS boards plan timely neurodevelopmental assessment and diagnosis, with clear publication and monitoring.
Reporting and enforcement duties for NHS boards (e.g. via EHRC functions).
Duties on local authorities to ensure education referrers are trained and have clinical input when decisions affect access to diagnostic pathways.
Putting the National Neurodevelopmental Specification on a statutory footing (e.g. first appointment within 4 weeks of identified need).
Current policy often centres physical disability, overlooking sensory and behavioural realities for neurodivergent children.
Families face inconsistent local authority practice, frequently tied to delayed diagnosis. Even when badges are granted, accessible parking is scarce and public transport is often unsuitable.
What the Bill should require:
Local authorities to publish accountable strategies for accessible parking for “risk in traffic” badge holders, particularly in urban centres.
Transport services to embed the needs of neurodivergent children in transport strategies (parking, staff training, design, and family voice).
The Bill should bring meaningful reform so autistic and ADHD pupils can thrive, including:
Explicit rights and routes to enforce them (including around Coordinated Support Plans).
Clear accountability where duties are not met.
Start with the most appropriate setting for each child, planned proactively with families—do not default to mainstream. Embed this via statutory guidance, reporting, and staff training.
Require practical, low-cost changes (e.g. uniforms, environment) designed with neurodivergent children, not blocked for fear of “precedent”.
Ensure consistent practice under the Education (Additional Support for Learning) (Scotland) Act 2004 and GIRFEC. Lack of multi-agency input due to service gaps must not be used to refuse a co-ordinated support plan.
All school staff (teaching, support, clerical, catering) should be trained in inclusive communication and understanding stimming, shutdowns, and masking to prevent gatekeeping of referrals.
Publish disaggregated data on neurodivergent learners (including waiting lists/assessment status), not generic “ASN” figures.
Annual reporting on Children’s Services Plans must include specific analysis for autistic and ADHD children, with local authorities reporting on CSPs and GIRFEC plans.
Neurodivergent children’s housing needs often differ from adults’ and are frequently overlooked.
Key problems include unsafe gardens, unsuitable room-sharing, long stays in temporary accommodation, and inconsistent practice on adapted-home council tax reductions.
What’s needed:
Legal duties for housing strategies to address children specifically: safety awareness, sensory profile, “flight risk”, and how these factors drive points, prioritisation, and adaptations.
Publication of criteria for adapted-home council tax reductions to avoid postcode lotteries.
Mandatory training for housing staff to eliminate discriminatory assumptions and improve decisions.
Access to assessment, diagnosis and treatment is deteriorating in some areas (e.g. pathway pauses), with referrals rejected or diverted to “support first” pilots that may never diagnose. This blocks treatment (including ADHD medication) and related entitlements.
What the Bill should include:
Duties on NHS boards, integration authorities and local authorities to plan for children’s needs explicitly, with public reporting on CAMHS referrals, ND pathways, and ADHD medication access—showing compliance with equality duties and providing disaggregated data.
Statutory requirements for clear, accessible communication with families about diagnostic and treatment pathways (including ADHD).
Transparency and recording of decisions by GPs/health boards on shared care for privately-diagnosed children, with justification under the PSED and UNCRC; eliminate blanket refusals that create postcode inequality.
Mandatory neurodivergence training for health professionals, focusing on sensory needs, communication, and reasonable adjustments.
Stronger inclusive-communication duties and proactive offers of supports (LD nurses, play therapists, quiet rooms).
Patient passports across public services so children’s needs are visible to all teams from first contact.
The LDAN Bill must move beyond generalities. It should create enforceable duties, transparent reporting, and mandatory training that together deliver timely diagnosis, appropriate education, safe housing, accessible transport, and equitable healthcare for neurodivergent children.