Is my daughter classed as disabled?

[stressbandit]

Hi

my Daughter is nearly 6 and we have been trying to get rehoused as our house isn't safe for her anymore at all.

The housing are arguing the fact my daughter isn't diagnosed means she's not disabled.

However upon reading the Equality Act it reads to me that my daughter doesn't actually need to be diagnosed to therefor be disabled.

My daughter has been working with a behaviour specialist and her senco leader who works alongside camhs to build up a huge case file to camhs to see my daughter as camhs rejected our referral twice.

The lady said it's one of the worst cases she's seen.

My daughter first started displaying symptoms of ADHD and possible Autism when she was around 18 months, she's now nearly 6 and it's become worse over the years, it was actually spotted on the first day of reception two years back that she was displaying these symptoms.

My daughter has zero awareness of any danger or safety and the council just keep repeating that no diagnosis means no disability.

however it reads on the equality act to me that if someone has suffered a physical or mental impairment for the last 12 months and isn't expected to get better that's a disability?

Could someone clarify please thank you

Do you claim dla, does she have an ehcp?

@LIZS Hi sorry yes we receive high rate DLA and I'm her carer forgot to include that.
No EHCP as of yet but we are going to try and obtain one soon.

She has a 1-1 throughout the whole day at school and at home due to how bad it affects her. She cannot be left alone at school and she's facing exclusion at the moment as the school are now struggling with her during class. It's very sad and frustrating

Have you been in contact with any support organisations? You could start with citizen's advice

You should apply for an EHCP asap by the way. You don't need a diagnosis to access support. The award of DLA is evidence that her needs impact significantly on her day to day life.

@nursejekyll Hi I haven't I do have an apt with Cab for two weeks time to discuss if she's been discriminated against in regards to the housing. But I'm just worried the housing will argue again that she isn't disabled. I have zero support with all of this either it's literally just me and the kids and their dad it's very very overwhelming.

Phone citizen’s advice to establish your dd’s rights with regards to her needs and housing ASAP. You can appeal a council decision but there is a time limit.

@nursejekyll I have an appointment in 2 weeks time I hope it'll help

Good luck op. Do you have a decision letter from the council? Is there a date that you need to appeal by?

@nursejekyll They've just messed us around so much firstly they said they couldn't help as no medical priority, then it was we do and we was awarded band A and was told we'd be rehoused in weeks, then it was oh sorry that was an accident your in medical band 2 and will be rehoused in 6-8 years!.
But now I've read up on all of these points in the EA and housing they need to make our property safer whilst we wait except they can't so we should be moved.

We have a big scary fire exit in our flat right next to her bedroom, no chance of moving rooms around to avoid it and she keeps running out of it at bedtime.

We are also 235ft up on the top floor and have window restrictors on these can't be changed anymore and she could still climb out and fall. It's just awful yet they keep banging on about no diagnosis means no disability and that's it and they argue the fact every other flat has a fire exit it's no different to her living with one, she has no awareness of danger like other children 🤦🏽‍♀️.

This is the exact door we have just a diff colour and smaller. I mean I have to sleep at some point I can't stay awake all night to make sure she doesn't get out of it, my strsss and anxiety is through the roof daily. My daughter just thinks it's hilarious.

That sounds so stressful op. If no diagnosis meant no disability you wouldn’t get DLA for dd. Have you tried contacting your MP?

@nursejekyll Yeah we did he even told them to move us they ignored him!

I've found a lady now who's brilliant with her knowledge of the housing system, equality act etc so I'm really excited about where I'll go with this now. I'll keep you all updated with what happens.

Good luck op

Thank you just hope I get somewhere this time