Do you think she's entitled to DLA?

[User74774737374]

I am filling in a form for DD. DS already gets DLA but his needs are more obvious, he was granted DLA a few years ago now.

anyway, Dd is 7 and in year 3. She has no formal diagnoses, however she is speech delayed (but making great progress), she also has learning delays - she can barely read and has 1:1 support in maths, English etc. she's behaved at school and doesn't have any major behavioural issues at home. She also has hypermobility & low muscle tone (I have a letter to support this). Also thought to have dyspraxia, but school were meant to refer to OT but did not. She cannot run, ride a bike and needs help to get on and off the toilet, down steps, help to get in and out a car etc.
She has no sensory issues though.

she has been under paediatrician, physio, Ed psych etc in the past but now signed off - which is normal in my area. She's only under speech & language at the minute.

She is being referred to see a cognitive and learning team though but yet to hear from them.

I don't have a huge deal of recent evidence.

she does however have an EHCP, but my LA has failed to amend it since 2019 - irs been reviewed again recently and it's been sent to my LA to be amended urgently.

the school are very concerned over her slow academic progress. She is said to be struggling to retain information at school

does it sound like she would get DLA? I don't have much evidence... the EHCP I have isn't recent, new one will likely not be amended until after I need to send off.

she doesn't have many behavioural issues, sensory issues etc! She's really well behaved at school and at home!

It does sound like DD meets the criteria for DLA. Have you used the Cerebra guide when completing the form.

With an EHCP you don’t need a normal OT referral. An OT assessment should have been part of the EHCNA and ongoing OT provision included in the EHCP. It also sounds like DD would benefit from ongoing physiotherapy and this can be included in the same way.

You could get a copy of the referral to the cognitive and learning team.

Send the EHCP anyway - for future reference the LA must review the EHCP annually. If they don’t you can force them to, via judicial review if necessary. Make sure the LA stick to the timescales for reviewing and amending the EHCP this time. You will then be able to send the amended version to DWP to add to the claim.