SMI higher rate mobility refused after reconsideration, any tribunal experiences?

[LJ95]

Hi, I’m looking for opinions/experiences from anyone who has been through DLA higher rate mobility under SMI.
My daughter is 3½ and has autism, global developmental delay and pica. She already receives DLA high rate care. I applied for higher rate mobility under SMI when she turned 3, but DWP refused it and then refused my Mandatory Reconsideration.
They relied heavily on a May 2025 nursery report and said the evidence didn’t show a severe enough impairment of intelligence. They also said she could be coaxed/redirected and pointed to her being able to use an iPad.
The iPad point is misleading because the only thing she can do on an iPad is access Netflix. She cannot use it for communication purposes, and her SALT report specifically says she cannot use an iPad for communication.
My daughter is totally non-verbal and doesn’t understand receptive language. Her ability to communicate choices is extremely limited — she can indicate things like wanting juice or refusing food, but she cannot communicate her needs or understand language in the way DWP seem to have assumed.
She also has very little danger awareness, runs/bolts and cannot be relied on to come back when called. She needs constant supervision outside and may need reins, a pushchair or to be physically held. She has pica and will pick things up and try to eat them. When she is angry/frustrated she also hits herself and bangs her head.
I’ve now appealed to tribunal and submitted a lot of additional evidence, including her autism diagnosis, EHCP, SALT report, OT evidence, Health Visitor evidence, nursery letters/evidence, pica evidence, evidence about her running off/lack of danger awareness, Blue Badge evidence and evidence of her self-injurious behaviour.
I feel the newer evidence backs up what I’ve been saying all along and gives a much clearer picture of her actual developmental and communication difficulties than the older nursery report DWP relied on.
I’m not asking anyone to predict whether I’ll win, but has anyone had SMI mobility refused twice and then won at tribunal, especially where newer professional evidence was submitted?
Did the tribunal take the newer evidence into account rather than relying on the older evidence DWP used?

Tribunal will make a decision based on the circumstances at the original time, not the circumstances when you appeal or the circumstances at the time of the hearing. So whether the new evidence will be considered will depend whether it is about now or the point in time of the original decision.

Some are successful at Tribunal but you need to evidence every part of the test. You can see the SMI criteria flowchart in this document. To be eligible you need to prove every part of test. Also look at Contact’s webpage and Contact’s leaflet. For example, you say ‘may need reins, a pushchair or to be physically held’. It isn’t enough to show may need. You need to show DD regularly requires the intervention of another person to physically restrain her to prevent injury to her, others or damage to property.

yes I have done a seepage flow chart personalised for my daughter matching up to the criteria and posted that to the tribunal too.
Ive only just done the appeal so the evidence isn’t brand new as such, just what I haven’t sent dwp.
she constantly needs hand holding or pushchair as she won’t walk with reigns as still tries to run off and she’ll just sit on the floor and get angry and hurt herself.
Every single part of my evidence I have matched up to meet each point also!