We are representing at a DLA appeal for a 13 year old with dyspraxia and cerebellar developmental delay. Her mother wants our advice about whether to bring her to the appeal and we're not sure as we can see arguments either way.

Anyone help us with this one?

Thanks

Helen & Issi

Thats a tricky one.

I've done appeals for children where the child has not been present and some tribunals were happy to proceed in the child's absence. Other tribunals were not happy that the child was not present but proceeded anyway.

I also had a case (I was too sick to attend on the day) where a 13 year old girl denied her problems in the hearing because of embarrassment in front of her younger brother who was also present. I managed to get the commissioner to substitute her own decision on that one and make an award

What I've found that generally goes down well is for the child to attend with 2 family members. I then notify the clerk that the child be introduced to the tribunal so that it can get a rough idea of the presenting disability and put a face to the case papers, but then to say that the parent does not want the child in the hearing as it will be too distresing for him/her etc.

Obviously, it all depends on the age of the child, the nature of the disabilty, is it a good or bad day.

The last time I did this it was a 9 year old with dyspraxia. After meeting the tribunal he stayed outside with his grandmother. His mother, although very nervous, gave brilliant and coherent evidence. At one point the wing member said with a smile "we know what the problems are we just want you to tell us for the record". The appeal succeeded.

There is no easy answer on this one, What do others think?

Regards
Paul

We brought it up at our Tribunal Users Group meeting as one or two advisers had had difficulties with Tribunals insisting on children coming in to the Tribunal room.

The District Chair very much agreed with us that this would generally be inappropriate and said that, in fact, Tribunal members had not been provided with any training on how to deal with kids (this was all a couple of years ago now, this might have changed). He encouraged us to be assertive if we felt that the child shouldn't have to go to the hearing. We've not had any problems since and I've not heard of anyone else who has either.

I think its obvious in the majority of cases that it is inappropriate for children to have to go into the Tribunal room and give evidence. Parents generally know all there is to know about their children's difficulties as they have to cope with them. If a child has to go into any other kind of evidence giving scenario there is usually an appropriate adult present, as I understand it. WROs generaly don't get any specific training in dealing with kids and so if Tribunal members don't either it seems generally a bad idea.

Thanks very much guys, that helps.