Help with mandatory reconsideration for dla and if I should complain?

[GingerFoxInAT0phat]

I have applied for Dla for my 3 yr old who is on the waiting list for an Autism assessment.

With the form I included a Salt report which is very detailed and includes a Social and Communication Disorder diagnosis. I also included a letter confirming we have a Kids charity support worker and put my health visitor down as a person to contact as she has seen my son a few times and has been the one to get the ball rolling with referrals etc.

I also wrote we are on the assessment waiting list and awaiting to be allocated an Autism Co ordinator. My son is on the waiting list to have two sessions a week at The Classroom which is a nursery for children with additional needs.

So we got a letter to say he had been turned down for Dla. When I rang for a mandatory reconsideration she brought the notes up and said it was turned down becuase of no supporting evidence. When I said I did send some she said oh yes, they was scanned in last on the system and the decision maker must have missed them. Wtf!

She has sent a mandatory reconsideration out to me which I received today.

Do I just write a letter confirming I did send the reports and add some additional evidence I have found inc a letter from my support worker?

Also, the notes which was written by the decision maker was very upsetting and patronising. I am considering putting in a complaint against them. I will upload a picture of what they wrote. The conditions in quotation marks smacks of sarcasm and the last two sentences in particularly made me livid.

Or am I being over emotional?!

I'd be livid at the 'he may be badly behaved' especially. Terribly worded, and downright offensive! He's not 'badly behaved'. I don't see why this has to be the mandatory reconsideration when it was their fault in the first place that they failed to read what was sent to them. You only get 1 mandatory reconsideration before appeal stage so I would insist they correctly read the supporting evidence before reaching a decision. Does your son have a paediatrician? Ours insisted our little one should be getting DLA so I imagine they would support your application and carry considerably more weight than a health visitor. Best of luck!

When I read the 'badly behaved' bit I actually sat and cried!
Nowhere in that form did I say he was badly behaved, obviously he finds it hard to cope in situations but he's not 'naughty'

I do feel that the person in question could benefit from some retraining - one in reading the claim pack and included supporting evidence properly and two knowing how disibilities affects people properly!

I only saw a hospital paed who was going to refer us to the community paediatrician but we had already been referred by the Hv so she didn't put it through. Then a few weeks later I found out the referral had fell through

But I was told becuase we are on the pathway anyway we don't need to see the community paed now.

I have a kids charity support worker now and she is absolutely hot fire and has wrote a brilliant letter to send to them. I will also resend Salt report, letter to say he has been referred to The Classroom and letter to say the referral to the Autism panel was accepted.

Then how they can say 'There is no evidence that any of the claimed () conditions have been diagnosed, are being investigated () or are present ()'
I don't know.

Oh and also a report from the HV.

That is shocking. Very patronising and the fact their own incompetence is the reason just adds insult to injury.

Sorry I don't have any more helpful advice.

op, pick your battles. I wouldn't bother with a complaint at that stage but go through with the reconsideration (if you have additional evidence sent that in too) and appeal if need be. they often turn down people first time (DD with severe ASD, severe LD and largely non verbal at that time got turned down initially and also in reconsideration despite piles of reports and evidence). I got HRC for her on appeal (yes, from no award to High (!) rate just by sending in the appeal form). I do believe this this a fob off tactic as a lot of people will give up and not challenge this decisions.

Oh I thought I would go ahead with the mandatory recon and a complaint would be a separate entity. The wording and tone of it felt like a slap in the face.

Why can't they just do it right in the first place, your dd obviously needed the higher rate so why make you fight for it?

It worries me that someone might have thought oh I won't bother with the reconsideration as they had been turned down. When in reality it could have been declined due to dla's incompetency.

ginger, you are just starting out on this journey. I am further down the line and can assure you that is is not about meeting somebody's needs or providing services and support just because somebody needs it or should be entitled to it. for us it has been all about fighting for support and challenging decisions. I had to appeal for virtually everything (DLA, EHCP,blue badge) despite having a child with complex and severe needs. sadly, this seems to be very common and rather than rule than the exception.