Application for DLA rejected although an identical DLA request accepted

I have submitted a DLA application for two brothers who both have the same conditions, whilst one application was accepted the other has been rejected?

The two boy’s have Dyslexia with associative Dyspraxia and severe behavioral problems and require full time care. One of the brothers has been statemented the other has not due to lack of funds.

First doe’s anyone know if help is available to get a statement for this child as it costs around £500.00 and the parents do not have the funds.

Secondly when I submit an appeal can anyone suggest any DLA regulations that can help? Any thoughts on this matter would be appreciated

SEN’s are not drawn up as a matter of first course.  When a problem is first identified, the child might be the subject of a more informal educational psychological assessment.  This might take the form of a period of observation of the child in situ and might also be accompanied by an informal interview.  This might identify problems in any of the following areas.

• Communication and interaction
• Cognition and learning
• Behaviour, emotional and social development
• Sensory and physical

If the problems persist or are significant enough the child might be put on School Action.  There will then be a brief written general outline of the measures to be adopted to address the problem.  If this doesn’t work then the child proceeds to School Action Plus.  This will happen if there are continuing difficulties in any of the following.

The child:

• Continues to make little or no progress in specific areas over a long period
• Continues working at National Curriculum levels substantially below that expected   of children of a similar age
• Continues to have difficulty in developing literacy and mathematics skills
• Has emotional or behavioural difficulties which substantially and regularly interfere with the child’s own learning or that of the class group, despite having an individualised behaviour programme.
• Has sensory or physical needs and requires additional specialist equipment or regular advice or visits by a specialist service.
• Has ongoing communication or interaction difficulties that impede the development of social relation ships and cause substantial barriers to learning

It will usually only be when insufficient progress is made at this stage that a SEN will be called for.  You should make enquiries as to whether any of this has happened and, if so, get copies of all the relevant documentation.  You will then need to identify what extra effort is being given to that child that would not be given to a child the same age without disability.  For instance, is the child taught in smaller groups than usual, have more input from teaching assistants than other children, require more one to one teaching, etc.

I do a lot of kids’ cases and usually have a number of ongoing appeals in my case load at any one time and, believe me, this is one area where the Department continues to flounder and where tribunals consistently show expertise and sympathy.
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Thank you both its very much appreciated.