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what counts as attention?
Hi everyone. Hope you are keeping safe and sane during these difficult times
Clients son gets MRC for daytime care needs due to asd, but wants HRC due to night time being a bit of a mare
I have a client, whose son suffers from night terrors. Difficulty in sleeping, and needs mum for reassurance.
He sleeps in her bed most nights, and has detachment issues.
He is 8 years of age and goes for a wander during night if not checked.
DWP submission states he isn’t in substantial danger during wanderings, as parents can make house safe, and the fact his mum has to be with him for hours to comfort and reassure him cuts no ice with DLA, as they say it doesn’t count as attention.
Only recently diagnosed with ASD, so no assessment reports available yet, and she doesn’t want to medicate an 8 year old child.
Opinions?
I’d disregard the DWP submission for starters. Making a house safe is nothing to the point. You can put a stair gate up to stop him crashing down the stairs but you’d not seriously leave him to wander in case he started to open it; brought it down (hardly unusual) or got stuck in it.
The word “reassure” is a red flag for DWP but based on some very old DLA case law. That just needs to be reframed as supervision with his mental state and help with sleeping.
What, if anything, happens during the night terrors etc?
Don’t forget you are also looking at care needs in excess of a child without the stated disabilities of the same age.. Does an 8 year old usually wander at night? Does the comparator need to sleep in the same bed as their mother every night? Does your claimant need “soothing” that is in excess of the comparator. This is more easily evidenced where there is an older sibling as you have a “ready-made” comparator.
Just some thoughts.