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AIBU?

DWP removed child disability

184 replies

Aj9612 · 27/10/2017 07:13

Hi,

Wondering if anyone else has has had an experience like ours and if anyone has advice. Our youngest has dyspraxia and got the middle care component last year and I believe lower mobility. We submitted the claim again in good time and added a lot more information as we knew more about his condition and more experience with the form now. Due to a delay on their side we had to wait an extra 8 weeks so the decision was the day before the next set of payments. This year they rejected the whole claim. I asked what had changed from this year to last. They said they don't look at last years decision so there's no consistency. They also said "we expect children to be able to manage their condition as they get older" he's 7.

We basically lose anywhere between 600-1000 a month as my wife is no longer eligible for carers and all his other payments. He can have sometimes 4 or 5 different appointments for his health a month as well as other needs.

I spoke to Step change in the interim as we have to work out what to do now and even emailed our mp.

It's hard as it's frightening and it shouldn't be about the money, but their cold and vile attitude to this and no consistency to assessment makes me wonder how many other people have been hit like we have.

OP posts:
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imip · 27/10/2017 16:13

Just another one to say don't trust sendiass. They are statutory Requirement, an LA MUST set up sendiass to support parents. So, obviously they are not impartial! Effectively in our borough they are just a mechanism for the LA to pass the buck back to schools.

I'm echoing other posters in recommending IPSEA and SOSSEN. I have a dd9 with ASD in midrate DLA. To look st her, you'd think she is 'fine', but she's not good at self care (doesn't wipe bum, hair regularly gets to the point that we need to cut knots out). She self harms, is starting to refuse to eat to punish herself and is s flight risk. We've been fighting for an EHCP for 14 months. We still haven't received our draft plan. We've been to tribunal, where the LA conceded - we are in it for the long haul!

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woosey35 · 27/10/2017 16:35

Lifeisforliving - I’m so sorry you’re not getting this support. That’s awful. Sounds to me you deserve it more than most. Do you get any support or respite?

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woosey35 · 27/10/2017 16:37

Mumtowed - what do the school remark on the situation?? Do they acknowledge your sons difficulties? Surely if they were experiencing problems in coping then they would support your application?? Sounds very stressful for you.

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coffeemachine · 27/10/2017 16:38

Just another one to say don't trust sendiass. They are statutory Requirement, an LA MUST set up sendiass to support parents. So, obviously they are not impartial! Effectively in our borough they are just a mechanism for the LA to pass the buck back to schools.

yes to this. In our LA their offices are even on the same floor as some of the Sen teams. they are all in cahoots. Always, always get independent advice such as Ipsea and Sossen.

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lemonsandlimes123 · 27/10/2017 16:41

in defence of sendiass they are not so much in cahoots as not very effective and normally not very knowledgeable and will therefore quite often believe what the SEN managers tell them even though it's a pile of shit!

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taratill · 27/10/2017 16:47

momtowed I am in a very similar situation to you, DS 11 ASD can be violent etc at home, but when he is at school there are no problems to speak of academically.

We have an ECHP, this was granted because DS went through a period of anxiety and school refusal, rather than academic issues.

My understanding is that even if there are no academic issues an ECHP can provide access to services at school to reduce anxiety and therefore reduce issues at home.

The problem is that schools and LEAs in particular are often reluctant to grant them. I would take some advice from an education law expert either at IPsEA or some law firms offer free legal consultations. If you push this and succeed it could really make a difference to your home life.

I was also given the run around by CAHMs, I wrote to my MP and called the police when my son was being violent. We were eventually seen and anxiety meds have really helped things calm down Flowers.

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Ceto · 27/10/2017 16:49

Yes the school put in place full time TA 1:1 for her. If for any reason the TA is off sick etc, the school put another one in place. They have been fabulous. However, county say that ‘her needs are being met’. Which they are. But not morally so

It's worth having a good look at the SEN Code of Practice 2015, especially chapter 9. Amongst other matters, it emphasises that, when looking at progress, the local authority must take into account the fact that the child may only be making progress because they are receiving support well beyond what is normally available in mainstream schools. In your case, woosey, it sounds as if progress isn't necessarily the issue; what is is the fact that the school placement is only sustainable at all because the school is going so far above and beyond its duty. The school cannot say that it can meet a child's needs within mainstream resources when it is blatantly clear that they can't.

If the school supports the application, they need ideally to say that, although they are providing full time support at the moment, they can't continue (or almost certainly can't). Given the state of school funding at the moment, I'm amazed that they're managing anyway.

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Ceto · 27/10/2017 16:50

I'd like to clarify, by the way, that in suggesting people push for EHCPs, I'm not saying that these are in any way essential for benefits purposes. It's just that, for obvious reasons, it's normally very helpful to the child concerned anyway if an EHCP is in place.

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JigglyTuff · 27/10/2017 18:00

Gizmo: some of the things my DS with dyspraxia can’t do:
open a water bottle
cut food
manage most clothes fastenings
Only just learned to wipe his own bum
tolerate shower water on his skin
walk up a flight of steps one foot at a time
Walk along a pavement without tripping over
Clean his teeth adequately
Process verbal instructions
Dance, run, swim, ride a bike, kick a ball, use a pair of scissors, do up a car seat belt, open a car door, prepare a meal

I could go on but you get the picture. He’s 11, he’s very bright and he can’t do things most six year olds can do. I am going to have to take him to secondary school because he is incapable of crossing a road/walking on a pavement with supervision and get home to feed him because he can’t even make himself a sandwich.

Thankfully you’re not in charge of DLA decisions Hmm

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