Is it worth appealing?

hunnybugs1

hunnybugs1 wrote: »

The school dont seem to care that he has problems as he constantly comes home saying they tried to make him do things at PE that he is not able to do. They have already received a copy of the OT report but don't seem to make any allowances for him being different. IT is really frustrating for him because he can't run about like the other kids but I don't even know if the school notice. I feel so sorry for him and wish I could take away his pain.

Ok! Update at last - I have received a letter (well a book really) about my appeal and I have to get back to them so they can arrange a date. When I checked their paperwork, it looks like the only information they have is from the school, which basically says there is nothing wrong with my son and I found it very patronising what the school actually said. I am livid now and determined to fight this all the way. However, I am getting really worried as to what it entails - any ideas anyone?

Indie_Kid

hunnybugs1 wrote: »

Ok! Update at last - I have received a letter (well a book really) about my appeal and I have to get back to them so they can arrange a date. When I checked their paperwork, it looks like the only information they have is from the school, which basically says there is nothing wrong with my son and I found it very patronising what the school actually said. I am livid now and determined to fight this all the way. However, I am getting really worried as to what it entails - any ideas anyone?

have you spoke to school? Saying he can't do xyz and that he needs help to do activities?

kingfisherblue

My friends are going through exactly the same thing - their son has several disabilities and has 1:1 support at school, as well as needing two flushes of water a day through his feeding tube, plus other care and mobility needs. He was receiving high rate care and high rate mobility, but when his renewal came, he was awarded zero for both. The family had help in filling in the form. When they asked why their claim had been turned down, they were told tghat the school said that he does not need any additional care. They also said that 'Mum thinks he may have autism' - when in fact, he has been diagnosed with autism by a consultant at the local CAMHS.

The great wodge of papers they received included a telephone interview that DLA had with the school - yet the school had told them that they had never spoken to DLA on the phone. The school did not answer the questions properly - when asked about his school work, they replied that he needed encouragement to use the toilet!

Read through your papers very carefully and use post it notes to highlight areas that warrent further discussion. Contact your local council to make an appointment with the welfare rights people. And be prepared for a long wait - my friends were originally told it would be three months, but now it is six months (and it has affected other benefits such as Carer's Allowance, Income Support and child tax credits).

On a personal note, my son has hypermobile joints and wears special insoles. For the first few years, he had to wear special boots. His hypermobility is causing increasing pain, yet it isn't included in his list of conditions, despite the fact that he needs to use a wheelchair as a result of the pain. The paediatrician has referred him again for physiotherapy (the last referral, fromt he community paediatrician - different doctor - never materialised). The occupational therapist has already discussed possible future adaptations to the house, as his conditions are likely to worsen, not improve.

Good luck with your appeal x

formaldehyde_perfume

Quick answer: Yes!

I'm sorry I don't have any advise on how to go about it, but you should fight for what you believe your son's rights are. I am also concerned about the attitude that your sons school has towards his disability, I would make it a priority to sit down with his class teacher and the head of the school to discuss all the things he can/can't do, what happens when he's in pain etc

Indie_Kid

formaldehyde_perfume wrote: »

I would make it a priority to sit down with his class teacher and the head of the school to discuss all the things he can/can't do, what happens when he's in pain etc

I agree. I have completely different disabilities; but sat down with tutors at uni and said "I have this, it means I have problems doing this and I need this to be done".

And be prepared for a long wait - my friends were originally told it would be three months, but now it is six months

Mine took about 7 months. However, I moved part way through. (although I'm sure this makes no difference)

For the next week or two, I would keep a diary. All you need to write is something like the following: (Please note - I'm writing about my needs - your child may have completely different needs)

9.30 - 9.45am: It's time to get dressed. I need someone to help me choose suitable clothing (weather, occasion, etc.) that are clean and that match. Due to my vision, I may not choose that match or are clean and I may also put my clothes on inside out or back to front. This means I need help getting dressed.

formaldehyde_perfume

sh1305 wrote: »

I agree. I have completely different disabilities; but sat down with tutors at uni and said "I have this, it means I have problems doing this and I need this to be done".



Mine took about 7 months. However, I moved part way through. (although I'm sure this makes no difference)

For the next week or two, I would keep a diary. All you need to write is something like the following: (Please note - I'm writing about my needs - your child may have completely different needs)

9.30 - 9.45am: It's time to get dressed. I need someone to help me choose suitable clothing (weather, occasion, etc.) that are clean and that match. Due to my vision, I may not choose that match or are clean and I may also put my clothes on inside out or back to front. This means I need help getting dressed.

I've been trying to keep a diary over the past few weeks but you saying that has made me see that I wasn't doing it right, I was still forgetting the really obvious daily care needs that are just 'normal' like reminders to take medication, brushing my hair, preparing my meals etc (I will be claiming primarily for a physical disability but my mental health needs to be taken into consideration [ie meds] as they're interlinked)

Thanks

SingleSue

It was a similar report from a new school which stopped my middle sons DLA.....the school had decided they knew better than all the other people before them and he was absolutely fine and didn't need any behaviour controls or watching over in case of escape....the day after I received the letter from DLA stopping his DLA, he trashed a classroom and escaped from the school (through security doors left unlocked, over firstly a 5 foot fence and then an even higher fence in complete meltdown) triggering a police alert as a vulnerable youngster.

He was eventually found but it was the longest two hours of my life....it took him weeks to get over it - when he was found, he had been reduced to a whimpering little boy completely freaked out by his surroundings.

I never did appeal the decision, I didn't have the mental strength to at the time.

quango77

Fight them all the way....I know it is a draining experience, but its worth it. I work with street homeless and have had to make numerous referrals for people with serious psychiatric and physical illness. The number of people who are rejected initially is staggering, but most are successful on appeal. My advice is to go to CAB asap! They will put you in contact with a benefits advisor. These guys are great as they are on YOUR side, and not trying to save dla dosh. They will be able to put together a case on your behalf, help you present it for an appeal. Dont give up and get as much help as you can from Benefits Advice....and good luck!

hunnybugs1

Hi all. The tribunal also rejected my claim because they said that my son needed no more help than anyone else his age, even though he can't get into a bath, walk up or downstairs, run, hop, skip, go a bike, etc etc. They based all this on info from school. I am so frustrated with this.
Anyway, after the tribunal, I bumped into one of the members of the panel in the toilet block and they told me (off the record) to come back in a couple of years as their decision was based heavily on my son's age. He was 5 at the time of the original claim and he is now 7 1/2 with the same problems and I am wondering if I should try again - any ideas? He has just had another OT assessment and is also being referred to the paediatrician again as his problems are not getting any better.

rogerblack

hunnybugs1 wrote: »

I am wondering if I should try again - any ideas? He has just had another OT assessment and is also being referred to the paediatrician again as his problems are not getting any better.

School reports will vary.
As to less specific advice - get the statement of reasons from the tribunal, and see if it's incorrect in significant facts.
This may allow an appeal to the upper tribunal.
I would suggest you also write a diary of all your interactions with the school - for example when they try to force him to do things he's incapable of, and complain to the school each time it happens, in writing.
These can also be submitted to the tribunal.

As to a new claim - yes, it's probably a good idea, if the care and mobility needs are still outstanding, and especially if you can supply more evidence than you did in the past.