New DLA wait times 2022

[Momof2soonmomto3]

Iv made this new one as the thread I was following along with others has now been closed mine was scanned on the 18th Feb and still awaiting decision, I'm currently been waiting 40 mins on phone to DLA trying to get a update

@Scanner20 I was told this morning that they are working on claims over the bank holiday but the helpline won’t be active

Thank you @ParentingPDA88 I will likely call Wednesday then just to see. Felt nervous on the phone worrying they'd say not awarded!

@AReallyUsefulEngine

Well, as per the case law, it shouldn’t be unless there are exceptional circumstances and needing transport to attend on its own isn’t exceptional circumstances. Unless you are saying the case law is incorrect

Well it’s included because of her conditions and mobility needs and because her nearest suitable school is beyond walking distance. If a school is named on the echp and that school can only be attended via transport then legally they have to obligate that.
As we are discussing whether a child who the parent believes should be entitled to HRM due to severe behavioural difficulties, then I would have thought that child would be entitled to a place in a special needs setting which would most likely be out of walking distance and include transport.
theres no need to cross analyse everything I write, I’m simply suggested to the OP what help is available and how to go about getting it if they don’t receive hrm.

Well it’s included because of her conditions and mobility needs and because her nearest suitable school is beyond walking distance. If a school is named on the echp and that school can only be attended via transport then legally they have to obligate that.

Yes, but the statutory duty is outside of the EHCP. I didn’t say your DD wasn’t not entitled to transport, but that the transport should not be in the EHCP because it is covered by other law and case law says otherwise. As per the case law, transport should not be included in EHCPs unless there are exceptional circumstances - distance and disability are not exceptional circumstances. As an aside the statutory walking distance does not apply when a child needs transport due to their disability - one could live e.g. 0.3 miles from school and still be eligible for transport.

As we are discussing whether a child who the parent believes should be entitled to HRM due to severe behavioural difficulties, then I would have thought that child would be entitled to a place in a special needs setting which would most likely be out of walking distance and include transport.

Not all DC with HRM due to SMI or virtually unable to walk will be in SS but that is irrelevant to transport as transport is covered by separate law to the EHCP and exceptional circumstances aside shouldn’t be in the EHCP and as above the statutory walking distance doesn’t apply.

theres no need to cross analyse everything I write, I’m simply suggested to the OP what help is available and how to go about getting it if they don’t receive hrm.

I’m not, I’m simply correcting incorrect information. And it is irrelevant whether the child gets HRM, LRM or none.

Seems awfully frosty on this thread right now.........
Anyone had any good news??

@AReallyUsefulEngine
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Yes, but the statutory duty is outside of the EHCP. I didn’t say your DD wasn’t not entitled to transport, but that the transport should not be in the EHCP because it is covered by other law and case law says otherwise. As per the case law, transport should not be included in EHCPs unless there are exceptional circumstances - distance and disability are not exceptional circumstances. As an aside the statutory walking distance does not apply when a child needs transport due to their disability - one could live e.g. 0.3 miles from school and still be eligible for transport.

yes it is out of the statutory duty but for some children like mine it’s all part of her care plan and is mentioned on her ehcp. I have her ehcp right in front of me and it’s written in there. Having it written on an ehcp isn’t illegal.

Not all DC with HRM due to SMI or virtually unable to walk will be in SS but that is irrelevant to transport as transport is covered by separate law to the EHCP and exceptional circumstances aside shouldn’t be in the EHCP and as above the statutory walking distance doesn’t apply.

its unlikely a child who is that severe and needs hrm because of behavioural difficulties would be able to attend mainstream beyond infants. If the child has not been given a place at a special needs school or mainstream with provisions then the school they attend isn’t providing the appropriate support by supporting them in getting them into more appropriate schooling.
if a child is able to sit through lessons in a mainstream setting without heavy loads of 1-1 and provisions then they would not be regarded as severe enough (behavioural) for the Dla to awarding them hrm.
if the child does attend mainstream but receives provisions and 1-1 then this information should be sent to Dla and if the reports state the child has severe enough behavioural difficulties then the Dla should award hrm.
the point I’m trying to convey is that perhaps they haven’t recieved hrm because they cannot prove the level of care needed in regards to behaviour.
and if they cannot access transport because the school isn’t backing them up or proving this then again this is another reason they the hrm wasn’t awarded.
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I’m not, I’m simply correcting incorrect information. And it is irrelevant whether the child gets HRM, LRM or none.

theres Nothing to be corrected everything I’ve suggested is helpful from a mum to mum perspective. I haven’t said she can’t access transport. I haven’t said she’s not entitled to hrm. All I’ve said are the reasons why she might not be getting either at this time and how to go about getting it.

@Ltb17 still waiting Hun x

Yes, there is information to correct. Because you are saying transport should be in the EHCP and as per case law it shouldn’t unless there are exceptional circumstances and disability and distance on their own are not exception. You also mention statutory walking distance in relation to transport which is irrelevant for DC with a disability,

All I’ve said are the reasons why she might not be getting either at this time and how to go about getting it.

But you haven’t because none of it is relevant.

Have you even read the case law? Unless there are exceptional circumstances it should not be in the EHCP. Just because it is in yours doesn’t mean it should be, after all many EHCPs don’t follow the case law as they should - e.g. many aren’t specified and quantified, many have SALT/OT in the wrong section, some with EOTAS have a section I that isn’t blank.

I never said MS was the right place but the fact remains some with HRM via SMI or virtually unable to walk are in mainstream beyond infant (plus you never qualified ‘with infants’ and did not say ‘mainstream with provisions’. I only commented on your point on SS).

the point I’m trying to convey is that perhaps they haven’t recieved hrm because they cannot prove the level of care needed in regards to behaviour. 
and if they cannot access transport because the school isn’t backing them up or proving this then again this is another reason they the hrm wasn’t awarded.

I know exactly what you are saying but it is irrelevant for transport. It has nothing to do with school backing them. They absolutely can get transport, if they have been refused they can challenge it and SENTAS can help.

@Hopeful110 yeah I’ll probably ring Monday to see what’s happening then again Wednesday. I’m going to keep bugging them as next week will be going into week 11! Getting beyond impatient haha!

@Katelouise95 yeah I was gonna call them tomorrow and bug them lol! Hopefully we all get good news soon! Can't stand the waiting and not knowing! Haha

Go for it! Keep bugging them just make sure you let us know what they say 🤣 I just don’t know how they’re so far behind!

Has anyone had a change of circumstances recently try. Ours was sent off and received end of Feb and rhey said it would be 11 weeks. I rang when we got got 12 weeks and they said it would be 18 weeks. Also said it mjght not get backdated it just depends on what the case manager decides. Uurgh

@Hopeful110 you've got that right!! Not a fan of this waiting game at all….hopefully it will be worth it. I hope your decision gets made soon too!!

Hi everyone!
my little one got awarded HRC with a scan date of the 11th of march.
I got it backdated from 25th of jan when I first recieved forms.
I have contacted UC to let them know of the change and asked the disability element to be backdated but a case manager has said it’s went to a decision maker and they will let me know by 5th of June.
has anyone had experience of getting the higher disability element backdated from UC and what experience did you have?
I explained I couldn’t let them know of the change as I have been waiting to see what level of care he was awarded and notifed as soon as I knew.

@Katelouise95 haha ohhh I'll definitely let you know! Tbh this probably sounds stupid but do all the claims get sent to the same place? Regardless of where in the country we are? Because I just don't get how some are told 8 weeks and some of us are going on for 11 weeks... lol

@Shell2020 yeahhh I know how you feel! 🤞 we have some answers soon!

@Hopeful110 as far as I’m aware they all get sent to the same place then they’re scanned digitally, so then the DM access them from their computers etc. So I’m assuming they can be accessed from anywhere in the country and presumably they work through date by date in regards to what got scanned first!

I got the letter today about the back pay UC how long after do they pay u when you get the letter @Polly421

@Katelouise95 ohhh that makes sense! I just called them... impatient Annie over here 🤣 she said they are working on and upto 17th March this week, next week will be claims upto and including 24th March, so by end of next week a DM will have our case and can then take a couple of days to work on it and make a decision so she said by 6th/7th June we should have a decision made. 😀

@Hopeful110 basically the same as what they said to me then! Just seems so far away to wait! I’m still going to ring them maybe Wednesday to see what’s happening haha!

@Katelouise95 yeah it does sound like forever :( but we've already waited over 9 weeks...what's another 1 aye haha!
Keep me posted if you hear any different

Rang yesterday and mine is with the DM so bloody scared of the outcome x

@Nicky80catri what was your scan date if you don’t mind me asking?

@Shell2020 sorry Hun I meant to put it. 18th march x

@Bluemum87 I got my payment 3 days later.

@AReallyUsefulEngine

Yes, there is information to correct. Because you are saying transport should be in the EHCP and as per case law it shouldn’t unless there are exceptional circumstances and disability and distance on their own are not exception. You also mention statutory walking distance in relation to transport which is irrelevant for DC with a disability,

the Op has an exceptional circumstance. She can’t get her son to school due to his special needs. It’s a valid note to add on his care plan. It helps the LA know more about her son and his needs. So yes it doesn’t HAVE to be on there but it’s a information worth noting to anyone who’s responsible for seeing to his health and educational needs. Which is why it’s on my daughters ehcp.

But you haven’t because none of it is relevant.

Have you even read the case law? Unless there are exceptional circumstances it should not be in the EHCP. Just because it is in yours doesn’t mean it should be, after all many EHCPs don’t follow the case law as they should - e.g. many aren’t specified and quantified, many have SALT/OT in the wrong section, someBut you haven’t because none of it is relevant.

Have you even read the case law? Unless there are exceptional circumstances it should not be in the EHCP. Just because it is in yours doesn’t mean it should be, after all many EHCPs don’t follow the case law as they should - e.g. many aren’t specified and quantified, many have SALT/OT in the wrong section, some with EOTAS have a section I that isn’t blank.

I never said MS was the right place but the fact remains some with HRM via SMI or virtually unable to walk are in mainstream beyond infant (plus you never qualified ‘with infants’ and did not say ‘mainstream with provisions’. I only commented on your point on SS). with EOTAS have a section I that isn’t blank.

It’s not irrelevant to help a mum with getting what she’s needs. It’s not all about following protocol. Mothers with special needs children have to fight everyday for what their child deserves.
To hell with whether transport should or shouldn’t be on an ehcp whos cares. There’s no harm of it being noted on there so that they know the severity of the child’s needs.
if you’ve ever come across an ehcp that doesn’t follow ‘case law’ or is incorrect in anyway then that’s down to the school and the parents.
i go through my daughters with a fine tooth comb. I make sure everything is on there.
including that she must be provided transport in order to attend school, that she must have rest Breaks and that she also requires more time off to recover from illness etc.
again..the OP seems to be convinced her son is eligible for hrm so I simply suggested a few things she could try that MIGHT help.
according to your logic she should stay as she is and continue to struggle as it doesn’t fit ‘case law’. But special needs mums shouldn’t have to worry about ‘case law’ we should just worry about getting the right help for our children.