DLA mobility for autism /adhd

griff11

A friend has asked for advice about the above.  Their child has HR care but standard mobility.  They really need a blue badge for their child as they have frequent melt downs where they run into road, sit down & refuse to move so have to be picked up and carried out of way of traffic- not easy as they are getting older.  If they get upset/angry/frustrated they will kick out, throw objects , hit parents.  My friend tries to park as far away from other vehicles at car parks/supermarket etc to avoid any damage to another vehicle or hoping it's quieter as impatient drivers tooting horns will scare him but this makes it difficult if she has to carry him out of venue back to car as he's fighting her and he's heavy.  He does mask his condition in school so after school is shattered and often falls asleep in car on way home.  Council will not issue badge on discretionary grounds on based on HR DLA mobility.  

They asked DWP to look at via a change I'd circumstances.  Their letter says .  

Any advice.  The DLA application had supporting evidence on his diagnosis and how it affects him plus from school where he has1:1 since reception and is currently going through new statement in readiness for secondary school.  

griff11

@Username_removed so I saw the form she completed which gave examples of daily incidents and examples of when he has meltdowns.  She thought she had to prove his autism diagnosis based on this from this leaflet:
https://contact.org.uk/wp-content/uploads/2021/03/dla_for_children_with_autism_and_learning_difficulties.pdf

Disability Living Allowance case law has accepted that because autism is a disorder of brain development, children with a diagnosis of autism or autism spectrum disorder will satisfy the condition of ‘arrested development’ or ‘incomplete physical development of the brain’  

though they didn't specifically say about this in the form, they assumed decision maker would know this point.  I've said to her in future don't make any assumptions of them applying their knowledge to what you infer but don't say.   Years ago when I started work in 1981 the person training me said "don't be offended but I find the best way to impart knowledge is to treat someone like an idiot and don't assume they know basics".  

I've only just seen this leaflet so my advice would be to to ask for MR and use the points in the leaflet and address each one with an example(s) in the letter requesting a MR. I've told her to refer to example in form and add additional ones in letter.  eg. she hadn't mentioned he has to be walked from school gate to his support worker and she collects from classroom as he finds both start and finish of school day stressful and he couldn't walk alone the short distance like other pupils his age.  

Appreciate the advice as I have zero knowledge on DLA.

Sillymoo007

My son (Autism) was awarded blue badge before he was awarded DLA. Autism NI wrote an advocacy letter and badge awarded no issues . Maybe a local Autism charity could help you ?

griff11

Sillymoo007 said:

My son (Autism) was awarded blue badge before he was awarded DLA. Autism NI wrote an advocacy letter and badge awarded no issues . Maybe a local Autism charity could help you ?

Thank you. That's a great idea even though LA said they've no discretion I don't believe this is true so I might call on a friendly local councillor.  

@Username_removed. I get what you say about evidence.