Our local Clinical Commissioning Group (CCG) says they will not accept a private diagnosis of Autism Spectrum Disorder. Is this legal when NHS policy states private diagnosis is acceptable? Does the parent or young person have a choice in this matter? What are our options if we do not have EHCP or do not intend to have one?
There is no basis in law for the local authority (LA) to reject a professional report simply because it was privately obtained.
As this is not a Tribunal situation, your remedy is through the LA’s complaints procedure. We would recommend writing to the LA and asking them to explain the reason or policy supporting their refusal to accept this report. Also, state that you intend to make a formal complaint as you do not believe they are entitled to refuse to accept a private diagnosis.
If they don’t back down, you can make a complaint through their normal procedures. If their response is unsatisfactory, you could take the complaint to the Local Government Ombudsman.