Look through the big pack of papers that you were sent by the DWP explaining why they made the decision they did.

Some people get very confused by the test cases at the beginning. Don’t let them put you off.  If you don’t have time to become an expert on all the legal ins and outs of DLA decisions, ignore these.

The most important parts are the bits about your child. Read through it and look for anything you don't agree with.

If there is a report from your child’s school, does it give a fair picture of your child? School staff tend to be wonderfully positive about children’s abilities and progress and sometimes the DWP fail to understand the context (for example, that your child is making progress but that this is because they receive one-to-one help or are in a specialist school). School staff have usually been accurate, but the limited nature of the form often leads to the DWP giving the wrong award.

Make a note of all the things that are wrong. If you can, say why they are wrong. You can include this in your statement to the tribunal. Also think about how you could get further evidence (from the school for example) that would give a fairer picture.

Check that everything you want the tribunal to read is in the papers. If anything is missing, send in or upload a copy before the hearing. Don’t assume that the appeal panel will have access to evidence used in previous claims. If it isn’t included in these papers from the DWP, the appeal panel won’t see it unless you provide it. 

You may not need new evidence.

Usually the tribunal panel will ask you questions and hear your evidence as you, of course, know what additional help your child needs better than anyone.

You may have useful evidence already

Things that can be really useful that you already have are:

• An EHCP if your child has one.
• Pupil passports or anything that shows what extra help at school your child gets or needs.
• Copies of letters one of your child’s doctor’s or practitioners send to another.
• Assessment reports from physiotherapy, occupational health, or psychological assessments.
• A report about your child’s needs if they had a needs assessment from the local council.
   

Evidence you could produce – a diary

You should think about keeping a diary of. It will help the tribunal panel to get a proper understanding of the situation. It is particularly helpful if your child’s condition isn't the same every day.

Keep a diary for a week or two that details the extra help you give your child each day and how long it takes. It can be very brief. For example - 'Monday - She needed help to fasten her clothes, and get downstairs (35 mins). Required a lot of coaxing and encouragement to eat breakfast and stay focussed. (30 minutes). Gave her her medication and did her exercises (40 mins). Narrowly avoided a meltdown.  Couldn’t walk to school so had to take her in car. Needed lots of soothing and physical help to get to car.’

If you are appealing a decision which relates to your child’s ability to walk it is a good idea to record how far they are able to walk without severe discomfort, and how long it takes them. The tribunal will often ask quite specific questions about how far they are able to walk.

Getting evidence from a doctor or other professional

The tribunal do like evidence from the child’s paediatrician, GP, or specialist or any other professional (like a psychologist, speech and language therapist, social worker or school staff).

The best evidence will come from people who know your child well and who understand their situation. If your child’s paediatrician or GP does not know them well, you don’t need to ask them for evidence.  It might be better to ask somebody who helps your child at school.

The most useful evidence will explain how your child’s illness or disability affects them, and the help they need. This is quite unusual, so your doctor or professional may not understand that.

We have produced a guide for doctors, therapists, school staff, or anybody else writing evidence for a DLA application or appeal. If you ask someone for evidence to support the appeal, email or show them How to write useful evidence for DLA. It will help them to write evidence that will be really helpful to you.

Read all the evidence through - does it support your case? If it doesn't, you don't have to send it to the panel (but if they ask if you had any evidence you didn't send them, you have to tell the truth).

 If you don't think the evidence is useful it may be worth going back to the person who wrote it and discussing it with them. Is there anything they can add?

If you've got useful evidence, upload a photo of it using the Manage your appeal service or photocopy it and send it into the HM Courts and Tribunal Service before your hearing. 

Send it as soon as you can as this maximises the chance of the DWP changing the decision in your favour which may mean you don’t have to wait for the hearing.

Write a statement 

If you can bear it, write a statement. These can be very useful as they set out all the points you want to make, which means that you don't have to remember everything to say on the day. 

They also give the panel time to think about what you’ve said and why your child should be getting a higher rate, before they meet you.

For more advice on how to write a statement and what to put in it, see How to write a statement for a DLA tribunal. You can also read Andrea’s statement about Alfie and see what she put in hers.  

Make notes of all the things you want to say on the day

This is really useful and also stops the hearing or the preparation for it from getting too stressful. 

Every time you think of something they got wrong or you don’t think they properly understood, make a quick note of it. If you have evidence that confirms it, make a note of that too.  

Remember to take these with you to the hearing so that you can tick them off as you say them. This is particularly useful if you haven’t written a statement or you can use these notes to write your statement.

Half of all hearings happen over phone or video now.

It is likely that yours will take place using the method you asked for when you submitted your appeal.

Sometimes the tribunal decides on one you did not ask for. If you think you should have a different type of hearing instead, do not be shy to ask for this. For example, if you would find it too difficult to attend a face-to-face hearing because of your child’s needs, they should agree to a video or phone hearing instead if that is the only way you can participate.

Arrive at the tribunal centre or log on in plenty of time – at least 20 minutes before the hearing is due to start.

If your hearing is by video, you will have received a link and been asked to make a test call in advance to check everything is working. HMCTS have made a helpful video of what to expect. 

If your hearing is by phone, make sure you will be able to hear it ring when the tribunal calls. They may call you up to an hour before to check you are OK to take part. For more help with preparing for this, take a look at our guide called Court and tribunal hearings by video or phone call.

If your hearing is in person, the letter you receive about the hearing will usually give you details of public transport links and parking. At some venues, you can book an accessible parking spot if you phone them in advance. 

Work out how you will get there and leave yourself plenty of time. You will not want the stress of worrying about being late. 

Be aware that if your tribunal is in a magistrate’s court, there will be additional security procedures to get in to the building and these will take time.
 

When you arrive or log on, you will usually have a short wait (or longer). During this time, the clerk will explain what will happen. You can ask them to check if the panel has received your evidence or statement (if you wrote one). If you have made any notes of what you want to say, use this time to go over them.

When everyone is ready, the hearing will begin.

Whether you have a video hearing or face-to-face hearing these tips will help you get the right award and stop it from becoming too stressful.

• It does not matter if you get upset. It will not harm your chances. Many people find they get emotional at the hearing. You can ask for a break whenever you need one.
• If you have asked for any help with communication or translation and it is not available, insist on having the hearing another day.
   

Answering the panel’s questions

• Steal yourself to be as frank and honest about the difficulties your child has as you can be. As a loving parent, you are used to seeing things in a positive light – but this isn’t the day for that.  
• Try to answer every question about the help your child needs as broadly as you can. If you just give short answers, the panel will not be able to get a better understanding of your situation. For example, if they ask if your child needs extra help to get washed in the morning, don’t just say yes or no. Tell them if they do, what they need help with, how long it takes you, how they respond, and if they need help with anything else in the morning.
• Parents often want to explain the impact of meeting the extra care needs their child has on the rest of their family or their own health. Try not to do this as it is a distraction. Just explain what extra help your child needs and why they need it.
• If they say something that isn’t right, make it clear that it is not true. For example, if they say “He doesn’t have much trouble with walking does he?” make it clear if your child does have trouble with going places.
• If your child needs different amounts of help on different days, you will need to make this clear. It is best if you can say roughly how often they need help with each thing, rather than saying 'sometimes'. For example, 'James gets very agitated if he has a bad day at school. When he is upset he can lash out verbally and physically. He is also prone to just running off so needs constant supervision. This happens two or three days a week at the moment. During the holidays he is very dysregulated because of the lack of structure so we have similar problems every day.
• They usually ask whether your child’s condition has changed since the decision. Remember that you need to prove that the DWP made the wrong decision at the time, so it is unhelpful to dwell too much on how their condition has got worse. It is better to emphasise where their difficulties have remained broadly the same.
• Do not worry about using the 'right' language. It is much better to use your own words. If you think they have not understood something you have said, say it again in a different way.
• If you do not understand a question, ask them to repeat it or put it another way. If you still do not understand, tell them that. Do not agree to anything you don’t understand.
• If you have not said everything you want to say because they haven't asked the right question - tell them anyway. A clever tactic is to make notes about what you want to tell them and tick them off as you say them. Make sure that they are all ticked off before you leave. If you have taken somebody with you for moral support - this is a very useful thing for them to do.

Can they take away the DLA award we already have if we appeal?

Technically yes as the independent panel looks at the whole decision again. But getting a lower award is not likely. If your child is entitled to the award you are receiving, you should not worry about this.

If you take part in a hearing, and the panel are considering reducing your existing award, the judge will give you warning and adjourn the hearing. The adjournment notice should specify precisely which activities/ descriptors are at risk, and what evidence justifies this view. This is rare. But if it does happen to you, you could then properly consider and get advice, and withdraw your appeal if necessary. 

How long does a DLA appeal take?

It varies depending on where you are in the country, but currently, it takes between 6 and 12 months on average. Use this time to make sure you are prepared. 

Do I have to take my child to the tribunal hearing?

No. Don’t take your child.  Discussing their difficulties in front of them will be upsetting for both of you and will prevent you from being as frank and honest as you need to be. Depending on their age, it may also make it hard for you to concentrate. Arrange childcare so that you can just concentrate on the tribunal. If you need to pay, you can reclaim your expenses up to the minimum wage. 

Is it worth going to the hearing?

Yes. Always take part in the hearing. You are much more likely if they can ask you questions and hear your real-life examples.

Can we win an appeal if we don’t have a formal diagnosis yet?

Yes. DLA is based on needs, not labels. You just need to show that they need substantially more care than a child of the same age.

What counts as 'substantially more help'?

You just need to show that your child needs help that a typically developing child of the same age does not. For low rate care, they must only need substantially more help for an hour or more a day.

Adviser  - This is a benefit expert who can give you advice about your claim. They may also be able to help you prepare for the hearing. If you are lucky, you may be able to find an adviser to be your representative at the hearing (see below).

Appeal  -  This means a panel of three experts who do not work for the DWP will look at your claim and see if the right decision was made. If they think the wrong decision was made, they will change it.

Attention - The law specifies that one kind of help that counts towards entitlement to DLA is ‘attention’. This can be physical help such as spoon-feeding a child or doing buttons up (if they are old enough for other children of the same age to be able to do this without help). Or it can be non-physical help such as prompting a child though the stages of getting dressed, or encouraging a child to eat or stay focused.

Bodily functions - The law specifies that entitlement to DLA has to be based on needing extra help with ‘bodily functions’. This is anything to do with the body and how it works, for example eating, drinking, washing, dressing, going to the toilet, sleeping, thinking and communicating.

Clerk to the Tribunal  -  This is the person who organises the hearing and deals with the paper work.

Daily living activities or tasks - This means anything that you reasonably need to do every day or most days. This includes things like eating, washing, dressing, taking medication, sleeping and so on, and also learning, communicating, and having fun. Also referred to as ‘bodily functions’ by the DWP. We have used this phrase because we think it is more easily understood.

Department for Work and Pension (DWP) - This is the government department that deals with most benefits, including Disability Living Allowance. 

Department for Communities (DfC) - This is the government department in Northern Ireland that deals with most benefits, including Disability Living Allowance. 

Social Security and Child Support Tribunal - This is the name for the panel of three experts who do not work for the DWP who will hear your appeal to see if the DWP made the right decision.

HM Courts and Tribunal Service (HMCTS) - This is the government department that organises the tribunal and the hearing.

Northern Ireland Courts and Tribunal Service (NICTS) - This is the government department in Northern Ireland that organises the tribunal and the hearing.

Hearing  - This is when your appeal is looked at by the Tribunal. You can either have a hearing you take part in when you  speak to the Tribunal (in-person, online or on the phone). Or you can have a written hearing (also called a ‘paper hearing’) when they tribunal just look at the papers again on their own. We strongly advise you to take part in a hearing in person. You have a much better chance of success if you do.

Manage your appeal -  A service from HMCTS that enables people to manage their appeal online, keep track of progress, and submit further evidence (including video and audio), and a statement.

Mandatory reconsideration - This means the DWP will look at their decision again. You must ask for a mandatory reconsideration before you can appeal a decision. 

Mandatory Reconsideration Decision Notice - This is the letter the DWP sent you to tell you of the Mandatory Reconsideration decision. You will have received two copies. You must include a copy of the mandatory reconsideration decision notice with your appeal form. 

Representative  -  This is an expert in benefits who might help you prepare for the hearing and may be able to come with you to help you put your case.

SSCS1  -  This is the paper form that you can use to ask for an appeal. You can also ask online, using Submit your appeal. 

NOA1(SS)  -   This is the paper form that you can use to ask for an appeal in Northern Ireland You can also ask online, using The Appeals Service

Submit your appeal - This is the name of the online service you can use to start your appeal. 

Supersession -  This means having your child’s claim looked at again because their illness or disability has changed since the date of the decision.

Supervision - The law specifies that one kind of help that counts towards entitlement to DLA is ‘supervision’. This means where the child needs someone with them to avoid substantial danger. This could be because the child might need to be physically restrained to stop something from happening (for example, running into a road) or where they need to be watched in case something happens (for example, a seizure) and they need help afterwards. All children need some degree of supervision, so to entitle a child to DLA the child must need a lot more supervision than other children their age.

Tribunal Judge - This is the legal member of the panel, they usually sit in the middle. They are responsible for applying the law correctly in your case. 

Upper Tribunal  - This is like a higher court. If you weren't successful in your appeal, you might be able to appeal to the Upper Tribunal, but you can only do this if the panel made a mistake with the law. 

Find the appeal form or ask for an appeal online
You can find both the online system for asking for an appeal and the latest form to use if you wish to do it by hand/post on GOV.UK.

Speak to the DWP
DLA Enquiry Line
Telephone: 0800 121 4600
Textphone: 0800 121 4523
Monday to Friday, 9am to 5pm

Find further information about appeals
Benefit appeals come under the section of HM Courts and Tribunals Service known as the Social Security and Child Support Tribunal. You can find details about appeal venues and how to get to them, how to reclaim expenses, and information about the appeal process on GOV.UK

Find further information about DLA
Contact is a charity working with and for families with disabled children. They have some really useful information about claiming high rate mobility for children with autism. 

Find an adviser

See How to find an adviser to help with your child’s DLA claim.

Disclaimer

The information in this guide applies to England and Wales only. It will be helpful for parents claiming DLA for their children in Northern Ireland. The law is different if you live in Scotland.

The law is complicated. We have simplified things in this guide. Please don’t rely on this guide as a complete statement of the law. We recommend you try and get advice from the sources we have suggested.

The cases we refer to are not always real but show a typical situation. We have included them to help you think about how to deal with your own situation.

Acknowledgements 

This guide was produced by Advicenow. We would like to thank everyone who has commented or helped with the guide including Alban Hawksworth who kindly reviewed this updated version.

This guide was updated thanks to funding from the Ministry of Justice under the Online Support and Advice Grant.