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Explaining to DWP

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10 months 4 weeks ago #286449 by MiloGizmo
Explaining to DWP was created by MiloGizmo
Hi

Would anyone have any advice as to how best to go about the following. I am preparing an appeal response for my grandson, his mother is his carer and representative but I am doing the grunt work.

My grandson has special needs and can cause himself and others danger while in school. However, this evidence is particularly important to my refutation of DWP's claim that 'choices' made by him to act dangerously are 'his choices' and made freely. My argument is that a child his age without his needs could not make the same dangerous decisions. There are many instances which have occurred at school, a unit school where he has either one-to-one or 'depending on his mood' two-to-one teaching, that have led to dangers for himself, his fellow pupils or teachers. His mother cannot get statements corroborating these instances from the school due to 'safeguarding' and 'safety' issues related to my grandson.

This means that while we can say issues have occurred we cannot prove them. The schools has told his mother that they can complete a report if the DWP send one to them. We all know DWP won't request information that would help my grandson's case and harm their own case, which is now going to appeal.

I cannot find the specific legislation in Wales for refusal under safeguarding reasons not to provide a statement to his mother. He does have nunerous suspension letters but nothing specific such as for lashing out or similar. Everything is under a blanket and not disclosed further.

How can I put such limitations forward in appeal tribunal evidence so that it benefits us and helps reduce the effect of DWP's argument. Without full corroboration it appears to me to be very difficult and will rely entirely on the members of any Tribunal falling to our side or the DWP's on this matter. I also don't know if police incidents can be made available to his mother to show how often he has 'escaped' absonded from school and had to be returned by police to his home when they have found him, an issue which has occurred as late as 4am during the night.

If anyone has any advice as to how to cover important instances which the school is restricted by 'safeguarding' legislation in providing to his mother. This would all go a long way to show how out of contral he can be even when medicated.

Thank you for any advice.

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10 months 4 weeks ago #286473 by Gary
Replied by Gary on topic Explaining to DWP
Hi MiloGizmo

My advice to you is to keep a day diary, so that any incidents can be recorded. We would also advise you to seek help from your local Welfare Rights Organisation; advicelocal.uk .

As to Tribunals, they are impartial and make decisions based on the facts of a case, at the time in question.

One of the questions I would ask is, are CAMHS involved? CAMHS is the name for the NHS services that assess and treat young people with emotional, behavioural or mental health difficulties; www.youngminds.org.uk/young-person/your-...port/guide-to-camhs/

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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