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High Rate Care - Child DLA
Hi,
Just looking for a bit of guidance if anybody can help me.
Im dealing with a Child DLA appeal. Child has learning and behavioural problems. He was previously awarded HRC and LRM. Client did the renewal herself earlier this year and was awarded MRC only She requested a review where they have changed the decision and have given MRC and LRM. Client would like help with the appeal as she believes that HRC should still apply.
She has indicated on the form that her son gets up repeatedly through the night and she finds him playing with the bath taps and the sink taps, or he will get up and wander downstairs. She has to then persuade him to go back to bed. He is 6 years old, so there are many dangers if he is up on his own through the night. There are also night time incontinence needs.
DWP argue that HRC doesn’t apply because (quote) ‘suitable safety precautions such as locks on doors to the bathroom and kitchen can be implemented and therefore I do not feel that it is reasonably required for somebody to be awake frequently or for a long time during the nigh to watch over him’.
Has anybody come across this before? I appreciate that certain measures could be taken but having almost a ‘lock down’ seems a bit too much and a bit dramatic. Seems that the daytime care needs are not being disputed.
No previous claim forms have been included in the bundle so as a starting point im going to request that these are provided, as I think its important to see how the situation was worded in the last claim, but any other pointers would be greatly appreciated.
... and when the house catches fire?
... and when the house catches fire?
It will be put out by the flood caused by the taps being on!
Im glad im not the only one who thought they were being a bit over dramatic.
Just as an update to this, I asked the HMCTS to issue a direction, firstly to obtain the previous claim papers as they have not been included in the bundle and also to ask the decision maker which type of lock they suggest is reasonable for the client to use, to prevent him from wandering. The Tribunal have come back and said that my request is unreasonable and they are refusing to issue the direction I’ve requested.
Happy Monday!!!!
will the room be padded they are to lock the child in?
Im guessing so. Padded, but the door will have a hatch on it to allow food and drink to be passed in and out of the room.