Division of Clinical Psychology’s Faculty for People with Intellectual Disabilities responds to TW vs Middlesbrough Council judgement

The Guidance on the Assessment and Diagnosis of Intellectual Disabilities in Adulthood is designed to assist as guidance for clinical psychologists who are frequently asked to assess whether or not an individual has an intellectual disability.

We are aware of the references made to the Guidance in the Court Protection judgement on Capacity and Learning Disability and that there have been concerns within the profession that references have been made to confusion in the guidance. In particular the suggestion that some professionals, when considering recording that a person has a learning disability, may then go on to state whether that assessment is 'within BPS Guidance', or 'outside BPS Guidance'.

We believe the guidance articulates best practice in undertaking a formal clinical assessment to determine if an individual meets internationally agreed diagnostic criteria for Learning/Intellectual Disability as outlined in the ICD-10 and DSM-5, as also reflected in the definition promoted by the Department of Health and Social Care (DHSC) in England (PHE, 2023).

Professionals should continue to use the guidance with full confidence. We would like to make clear that we do not recognise the label of 'functional learning disability' used in the assessment in the case of TW vs Middlesbrough Council.

We acknowledge the complexities of this case, and we endorse the need for timely, person-centred based support, regardless of an individual's diagnosis/es.

We also acknowledge that it is important that we regularly review our guidance to ensure it is as clear as possible and reflects the most up-to-date research and evidence-base. 

As such, we are committed to undertaking a review of the guidance with our membership, drawing on our members' expertise and experience to ensure it continues to provide invaluable guidance to those working in the field of intellectual disabilities.

We will also continue to monitor any developments from the TW v Middlesbrough Council judgement and respond if necessary.