Equality considerations

Equality considerations

NICE is committed to promoting equality of opportunity, eliminating unlawful discrimination and fostering good relations between people with particular protected characteristics and others.

People from a socioeconomically deprived background are at higher risk of developing epilepsy. Incidence studies show that epilepsy may be more common in men than women, but this varies across types of epilepsy and is rarely a significant difference. Incidence of epilepsy is at its lowest between the ages of 20 and 40 and steadily increases after age 50, with the greatest increase seen in those over age 80. People with a learning difficulty have higher rates of epilepsy than the general population; making up about 25% of the total of people with epilepsy and 60% of people with treatment-resistant epilepsy (Royal College of Psychiatrists report on prescribing antiepileptic drugs for people with epilepsy and intellectual disability, 2017). Some people with epilepsy may be covered by the Equality Act 2010 if their condition has had a substantial adverse effect on normal day-to-day activities for over 12 months, or is likely to do so.

The device is contraindicated for use alongside other active implants such as cochlear implants. Some individuals with implants such as cochlear implants may be considered disabled. It is also contraindicated for use alongside therapy that delivers energy using medical devices around the site of the 24/7 EEG SubQ implant. Some individuals having these therapies may be considered disabled. The system needs user operation, so user selection must consider if the person can operate the device independently. If not, whether there is an appropriate caregiver who can help operate the system on their behalf. This may include people with mental health problems, cognitive impairments or physical impairments. These individuals may be considered disabled and disability is a protected characteristic under the Equality Act 2010.