Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, which public body is responsible for confirming whether patients meet the definition of disability under the Equality Act 2010.

It is for individual National Health Service organisations, including NHS trusts and integrated care boards, to comply with the Equality Act 2010. Guidance on the act 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. NHS England has issued guidance for NHS commissioners on equality and health inequality legal duties, which is available at the following link:

https://www.england.nhs.uk/about/equality/equality-hub/patient-equalities-programme/legal-duties/

NHS England is also working to improve the use and recording of reasonable adjustments to make it easier for disabled people to use health services, by ensuring care is tailored appropriately. This includes the development of a Reasonable Adjustment Digital Flag, which will enable the recording of key information about a patient, including if a person is disabled, and their reasonable adjustment needs, to ensure support can be tailored appropriately. Further information on the Reasonable Adjustment Digital Flag is available at the following link:

https://digital.nhs.uk/services/reasonable-adjustment-flag

The Department has not made a specific assessment of NHS England's ability to meet its Public Sector Equality Duty.