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HRM mandatory consideration rejected and Tribunal?

4 replies

NotChained · 16/06/2025 12:46

My DD has been diagnosed with autism, adhd, hypermobility and is just off being dyspraxic. DD constantly falls over and bumps into things.

I applied for HRM and this went as mandatory reconsideration. I explained about behavioural issues how DD refuses to walk unless we take the pushchair, how DD follows me and hits me and is a danger to themselves and others. How I have had to restrain them when out and about and how they have ran in front of moving traffic.
Despite this DD does do swimming, judo and gymnastics as recommended by the physiotherapist to strengthen legs. DD is fine at school, but on calpol to manage pain at home.

DD will not walk in the supermarket or shops and has to be put in the trolley. DD can walk and go places if it is in their interest but their legs often hurt and they have meltdowns which turns into hitting, spitting and kicking. They are in the pushchair for their own safety.

I explained the pushchair doesn't fit in my car which means DD refuses to leave the house and go place without it. So if I wanted to go shopping and couldn't take the pushchair we couldn't go.

Mandatory reconsideration has been rejected as the behavioural issues have been completely ignored about how DD is a danger to themselves and others and will walk if there is incentive.
Is it worth going to tribunal or not. It says about representative??? I have no idea. Help please

OP posts:
perpetualplatespinning · 16/06/2025 15:35

Do you have evidence to prove every step of either the SMI criteria or VUW criteria? If so, it is worth it. If you can’t evidence every point, it is pointless appealing, IMO.

NotChained · 16/06/2025 18:47

@perpetualplatespinning under the SMI criteria we would hit extreme behavioural issues, where they have been a danger to us, ourselves and destructive. Unpredictable behaviour including running in front of traffic, talks to strangers, cannot be left alone.

Because we have a pushchair it has been said DD doesn't have to walk, so that's OK.

DD can move about and.play but it's the extremely disruptive behaviour that is a danger.

If forced to walk this leads to meltdowns, hitting, kicking, crying as in pain. Refusing to leave the car or go into the shops.

OP posts:
perpetualplatespinning · 16/06/2025 19:09

In order or be awarded HRM under the SMI you need to evidence every element of the criteria. You can see the flowchart in this document. You might find this page and this resource from Contact helpful too.

It isn’t enough to just show extreme disruptive behaviour and unpredictable behaviour. You have to meet the other tests too.

NotChained · 17/06/2025 07:44

OK thanks i'll take a look and see

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