Apologies if this isn't the place to post this but I thought others may find it useful if like me they have decided to contact their MP about the long wait times and poor decision making.
This is a letter I've sent to my MP. Happy for anyone to use it as a base if they also wish to raise the issues. It really is unacceptable what our children are being out through.
Dear MP
I am writing to highlight a crisis affecting disabled children and their families—one that I hope you are already aware of, and if not, that you will bring to the government as a matter of urgency.
My son is deaf. He wears hearing aids to assist with this. He experiences many challenges that other children his age with normal hearing do not. In August, I applied for Disability Living Allowance (DLA) on his behalf.
I received an acknowledgment letter from the DWP stating they had received my application and would make a decision within 15 weeks (75 working days).
Once 15 weeks had passed, I contacted the DWP for an update and was told that the time to assess a new application had risen to 25 weeks (125 working days) and that I should call back in a few months.
On the 2nd of January—20 weeks (100 working days) after my application—I received a letter stating my son was not eligible for DLA. The reasoning given was that because he wears hearing aids, his hearing is improved and he "no longer has any issues." This decision ignored the evidence submitted by both myself and my son’s audiologist.
When you disagree with a benefit decision, you have the right to request a Mandatory Reconsideration (MR). I requested this and, with support from the National Deaf Children's Society, highlighted the evidence I had previously supplied, along with relevant case law examples.
I was shocked when I contacted the DWP to request the MR and was informed that the waiting time was another 25 weeks (125 working days). To be clear, this is to re-examine an application they have already held for up to 25 weeks. This means a family can wait nearly a full year before they can even appeal to a tribunal.
The Scale of the Problem
In May 2024, the DWP published figures showing that fewer than 1 in 25 child DLA claims are decided on time. When questioned in Parliament, Conservative MP Paul Maynard revealed that in 2016-17, 96.8% of child DLA claims were processed within the target time of 40 working days. By 2023, that figure had collapsed to just 3.5%.
This is not just a problem of delays. The Ministry of Justice reports that 69% of all Social Security and Child Support tribunals find in favor of the claimant. The success rate for child DLA claims that reach tribunal is approximately 59%. This strongly suggests that the DWP is routinely making incorrect decisions that deny disabled children the support they need.
Furthermore, statistics for Personal Independence Payment (PIP), a comparable benefit, show that only 15% of Mandatory Reconsiderations are successful. Given the high success rate of child DLA appeals at tribunal, it is likely that the majority of these cases should have been correctly awarded at the initial decision stage, avoiding unnecessary delays and distress for families.
A Breach of Children's Rights
The UK is a signatory to the United Nations Convention on the Rights of Persons with Disabilities (CRPD). The extraordinary delays disabled children face in accessing essential support could be argued to breach:
Article 7 (Children with Disabilities) – The right to equal opportunities and support tailored to their needs.
Article 28 (Adequate Standard of Living & Social Protection) – The right to financial assistance to ensure a dignified standard of living.
Moreover, case law has reinforced that the impact of a disability must be considered beyond the use of medical aids. For example, KT & ST v. SSWP (2021) reaffirmed that assistive devices do not necessarily remove the need for additional care and supervision. Yet, the DWP continues to disregard this principle when assessing children like my son.
The System is Not Fit for Purpose
Caring for a disabled child is challenging enough. We are constantly fighting for the support our children need and deserve. These fights are made even harder by a failing government department that appears to be declining claims arbitrarily, with little regard for the consequences. The fact that a family may have to wait up to a year before they can even appeal a flawed decision is not just inefficient—it is cruel.
I urge you to raise this issue in Parliament and press the government to:
- Commit to reducing DLA decision-making times to meet the original 40-working-day target.
- Review and improve the accuracy of initial decisions to prevent so many families from having to appeal.
- Ensure MRs are handled within a reasonable timeframe (e.g., a 28-day target, as recommended by disability advocacy groups).
- Guarantee transparency in the DWP's decision-making by publishing data on MR success rates for child DLA claims.
Please let me know what action you intend to take to address these urgent concerns.
Kind regards,