as part of its future roll out of its Learning Support Delivery Model that a broader range of services will be able to be accessed by a broader range of children. The Ministry has also contracted the Donald Beasley Institute to identify research on better supports for neuro-diverse students. 40. Families indicate that service provision across government is uneven and very difficult to access. Some liken it to a lottery that eludes most families who feel shunted from one service to another. This results in a cycle of repeated failure, frustration, exhaustion and despair. 41. Making a diagnosis of FASD requires a multidisciplinary team and involves a physical and neurodevelopmental assessment. As described earlier, FASD is a lifelong disability. 42. The requirement in the DSS eligibility criteria for the presence of an intellectual disability results in those with impaired intellectual and adaptive function being funded for DSS, while those with their executive brain function affected do not receive funded support. Given the impacts of both and the requirement for support, it is unclear why such a distinction is made. The distinction is utterly arbitrary in our view. 43. Furthermore, it is incongruous with a well-being and equity approach that people with some impairments are eligible for DSS (if deemed required), but people with FASD are not. There is simply no basis for such distinction. Early Intervention is Key 44. Access to better supports would make a fundamental difference to the lives of people living with FASD and their families/whānau and could change the trajectory for many. 45. A key finding by Professor Ian Lambie (Chief Science Advisor to the Justice Sector) in his 2020 Report on Brain and Behaviour Issues was that: “Brain and Behaviour issues need evidence-based solutions rather than political ones, because currently resources are overwhelmingly directed to prisons, instead of cost-effective health, education and family support”. 46. Professor Lambie goes on in his report to explain that even where brain damage is permanent, its negative consequences and impacts do not have to be. “Our education system should be geared to provide evidence-based help for known conditions”. “Early intervention is vital from government systems to help families, health and education providers do better – and ultimately, to prevent the first steps onto a pathway into offending”. 47. Feedback from a variety of agencies endorses the need for research and prevalence data, much greater attention to people with FASD and acknowledges the gravity of impact for them including a lack of early intervention and support leading to care and protection and incarceration outcomes. 48. Given the benefits of early intervention it is unclear why New Zealand approaches resolving issues concerning FASD with such apathy when the wellbeing of people with FASD and their whānau could be improved and costs further down the track could be avoided. No defensible reason for FASD exclusion 49. Set out below are various definitions we consider support the proposition that FASD is indeed a disability and should be funded as such. 7