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10 year old daughter who has a global learning delay, awarded low rate, i have appealed

jannahjannah Member Posts: 6 Listener
edited February 2019 in PIP, DLA and AA
Hi everyone so I have a 10 year old daughter who has a global learning delay especially in understanding and social emotional skills.
Everyday can be a battle with her not just with her behaviour but with her understanding things and she's a very vulnerable child that believes she knows 'every person you only have to say hello to her and she will believe that she knows you. She once wrote her name on a man's new bmw car because he said hi to her and she thought he wouldn't mind because she knew him 😟. She can't be left without supervision with her 2 year old brother or any other children because of her unpredictable behaviour and can harm the other children. She also has a fascination around men toileting. She has alot of fears and anxieties and won't be left anywhere on her own not even in her own home she has to know someone else is there with her . Her bedtime also becomes my bedtime as she she won't be left alone to sleep she has to have me with her and have her back rubbed to soothe her and it can take a long time to get her to sleep. She still wakes 2-3 times in the night and I have to repeat the whole process again with her. She's still incontinent too. I was awarded low rate care but I have appealed this as I thought she she have been awarded more. Dwp are saying that most children her age still need the amount of supervision she needs and that there's no evidence to back up her night time issues. Has anyone any advice for me on what I do now please .

Replies

  • jannahjannah Member Posts: 6 Listener
    Any advice be very much appreciated 
  • thespicemanthespiceman Member Posts: 6,408 Disability Gamechanger
    Hello @jannah   Pleased to meet you welcome.

    Thank you for joining and sharing.

    Sorry to hear about your daughter. I know there will be members of our community who may be able to advise.  Also  a member of our team.

    Offer information and guidance.

    I am one of the team of community champions who help and advise new members who join.

    I would consider speaking to our helpline and see what help and support a member of our staff can help you with.

    0808 800 3333

    Please also have a look at our website for further advice and information.

    Hope that helps.

    Please take care.

    @thespiceman


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  • Antonia_AlumniAntonia_Alumni Scope alumni Posts: 1,781 Pioneering
    Hi @jannah

    Welcome to the community and sharing this with us. You may find our appealing a DWP decision useful. We also have a learning difficulties discussion you may like to join.
  • jannahjannah Member Posts: 6 Listener
    Thankyou for taking your time to reply I'm just u sure about how I go about fighting her tribunal appeal with the answers they have put against my claim I.e evidence of having to take care of her through the night also they say that it's normal to have to settle a 10 year old child to sleep...i don't get it 
  • BenistmonkBenistmonk Member Posts: 343 Pioneering
    You have to expect that attitude from the DWP, the whole system is corrupt. You have to argue with them at tribunal that it is not normal for a child to need that amount of supervision at night. And if they continue to say it is normal, ask them to prove it. 
  • YadnadYadnad Posts: 2,856 Member
    You have to expect that attitude from the DWP, the whole system is corrupt. You have to argue with them at tribunal that it is not normal for a child to need that amount of supervision at night. And if they continue to say it is normal, ask them to prove it. 
    You cannot put the onus on the DWP to prove anything. It is for the claimant to prove the alternative.
  • jannahjannah Member Posts: 6 Listener
    So how do I prove that 
  • BenistmonkBenistmonk Member Posts: 343 Pioneering
    @jannah it is a tricky one, no doubt about that. Most if not all children will insist on climbing into their parents beds. If she is as bad as you say she is, a little video showing why she can't be left alone for 2 minutes should do it.
  • yanniyanni Member Posts: 50 Courageous

    Hi,

    I don't know if you have seen this but this is the DWP's guidance on child DLA assessments. 

    https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/681267/a-z-child-medical-conditions.pdf

    It describes what difficulties are common with children with mild, moderate, severe and profound learning difficulties (starting on p491) The categories are based on IQ levels and educational needs. If you can provide evidence of the category your daughter falls into you can then ask them what evidence they have that your daughter doesn’t need the level of support that their own guidance says they do.

    On page 498,there is a part about night settling stating that 80% of children with severe learning difficulties will have difficulties self settling. On p149 it says that 87% of 'normal'  9 year olds can self settle at night which challenges their claim that your daughter’s needs are no greater than other children her age.

    Good luck


  • jannahjannah Member Posts: 6 Listener
    She's had a cognitive assessment which has said she has a moderate learning disability age ranging mostly 6-7 years old
  • YadnadYadnad Posts: 2,856 Member
    jannah said:
    So how do I prove that 
    Presumably in the same way that others had to prove their difficulties when adult  DLA was around. It's much easier now with PIP - all you have to do is prove that the relevant descriptor fits or it doesn't.
  • YadnadYadnad Posts: 2,856 Member
    yanni said:

    Hi,

    I don't know if you have seen this but this is the DWP's guidance on child DLA assessments. 

    https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/681267/a-z-child-medical-conditions.pdf

    It describes what difficulties are common with children with mild, moderate, severe and profound learning difficulties (starting on p491) The categories are based on IQ levels and educational needs. If you can provide evidence of the category your daughter falls into you can then ask them what evidence they have that your daughter doesn’t need the level of support that their own guidance says they do.

    On page 498,there is a part about night settling stating that 80% of children with severe learning difficulties will have difficulties self settling. On p149 it says that 87% of 'normal'  9 year olds can self settle at night which challenges their claim that your daughter’s needs are no greater than other children her age.

    Good luck


    Good advice for the poster.
  • jannahjannah Member Posts: 6 Listener
    Thanlyou so much yanni I'll get chance and sit down to look at all this I'm going to self refer her to a sleep clinic too
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