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    • Should this to be take into court with him or should he send something in earlier?
    • This is the other sign  parking sign 1a.pdf
    • 4 means that they need to name and then tell the people who will be affected that there has been an application made, what the application relates to (specificially "whether it relates to the exercise of the court’s jurisdiction in relation to P’s property and affairs, or P’s personal welfare, or to both) and what this application contains (i.e what order they want made as a result of it) 5 just means that teh court think it is important that the relevant people are notified 7 means that the court need more information to make the application, hence they have then made the order of paragraph 1 which requires the applicant to do more - this means the court can't make a decision with the current information, and need more, hence paragraph one of the order is for the applicant to do more. paragraph 3 of the order gives you the ability to have it set aside, although if it was made in january you are very late. Were you notiifed of the application or not?    
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Up until I stepped back, I had always looked after my mother and since her admission to the care home, I visit regularly.   .(c)    Sections -  4, 5 and 7  I am struggling to understand these as I don’t have a legal background.  I was wondering if there is anyone who might be able to explain what they mean.  It’s been a horrendous situation where I had to walk away from my mother at her most vulnerable because of; ss (not helping), scammer and groomer. I have no legal background, nor experience in highly manipulative people or an understanding of how the SS system operates, finding myself isolated, scared and powerless to the point I haven’t collected my personal belongings and items for my mother’s room in the care home.  Sadly, the court has only had heard one version of this story SS’s, and based their decision on that. My mother’s situation and the experience I have gone through could happen to anyone who has a vulnerable parent.    If anyone any thoughts on this much appreciated.  Thank you. ______________________________________________________  (Below is the Court of Protection Order)  COURT OF PROTECTION                                                                                                                                                                                   No xxx  MENTAL CAPACITY ACT 2005 In the matter of Name xxx ORDER Made by  Depty District Judge At xxx Made on xxx Issued on 18 January 2024  WHEREAS  1.     xxx Solicitors, Address xxx  ("Applicant”) has applied for an order under the Mental Capacity Act 2005.  2.     The Court notes (my mother) is said to be estranged from all her three children and only one, (me) has been notified.  3.     (Me) was previously appointed as Atorney for Property and Affairs for (my mother).  The Exhibity NAJ at (date) refers to (me) and all replacement Attorneys are now officially standing down.  4.     Pursuant to Rule 9.10 of the Court of Protection Rules 2017 and Practice Direction 9B the Applicant 2must seek to identify at least three persons who are likely to have an interest in being notified that an application has been issues.”  The children of (my mother), and any other appointed attorneys are likely to have an interest in the application, because of the nature of relationship to (my mother).  5.     The Court considers that the notification requirements are an important safeguard for the person in respect of whom an order is sought.  6.     The Court notes that it is said that the local authority no longer has access to (my mother’s) Property.  7.     Further information is required for the Court to determine the application.  IT IS ORDERED THAT  Within 28 days of the issue date this order, the Applicant shall file a form COP24 witness statement confirming that the other children of (my mother) and any replacement attorneys have been notified of the application and shall confirm their name, address, and date upon which those persons were notified.  If the Applicant wishes the Court to dispense with any further notification, they should file a COP9 and COP24 explaining, what steps (if any) have been taken to attempt notification and why notification should be dispensed with.   Pending the determination of the application to appoint a deputy for (my mother), the Applicant is authorised to take such steps as are proportionate and necessary to access, secure and insure the house and property of (my mother).   This order was made without a hearing and without notice.  Any person affected by this order may apply within 21 days of the date on which the order was served to have the order set aside or varied pursuant to Rule 13.4 of the Court of Protection Rules 2017 (“the Rules”).  Such application must be made on Form COP9 and in accordance with Part 10 Rules.              
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Can i claim DLA for a child with Dyspraxia


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My son is six years old and has Dyspraxia he currently has a Occupational Therapist and Physiotherapist and has problems with his balance and co ordination

 

He has problems dressing, using a knife and fork and balance and very accident prone.

 

He wets the bed at night and is currently getting additional support equipment for his schooling

 

he can walk but cannot stand for long periods of time due to weak muscle tone

 

They have given us a list of equipment he will need at home but cannot provide this (lovely nhs cut backs)

 

Can we claim anything to pay for this DLA or otherwise

 

we just want the best for our son to provide him with the eqipment to have a more comfortable life?

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Experts will be along soon xx But from what you have said. well worth applying. You could speak to your doctor and say you intend to apply and he can make sure the case notes are up to date with care needs and he can write on sons behalf.xxx

 

 

 

Are you on benefits?

Have you heared of the community grant? They got me a disabled shower as not safe in bath.

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My 10 year son has dyspraxia and like your little boy, has much the same problems. He is on the waiting list to see an OT at present. The school nurse made the diagnosis of dyspraxia - he has NOT been officially diagnosed by the Occupational therapist as yet. The waiting list is really long here.

 

Yes, you can make a claim for DLA, an official diagnosis makes it easier, but it's not always necessary. Don't be put off by the size of the form and if you get refused, appeal. Nearly everyone gets refused first time unfortunately.

 

I would say, yes you can make a claim for DLA

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DLA is payable based upon the care and mobility needs, not the condition in itself. You will hear of people saying you cannot get DLA for dyspraxia alone - this is absolute tosh. You can get it.

 

My son is six years old and has Dyspraxia he currently has a Occupational Therapist and Physiotherapist and has problems with his balance and co ordination

 

does he have difficulty walking due to his balance and co-ordination? If so, does he need more assistance than the average child of his age to ensure he does not come to harm whilst mobilising?

 

He has problems dressing, using a knife and fork and balance and very accident prone.

Does he require your assistance to feed himself If so does he need this assistance frequently throughout the day?

 

He wets the bed at night and is currently getting additional support equipment for his schooling

 

He wets the bed; If you need to change him during the night, DLA will argue that this is not a care need as the need can be removed by the use of incontinence aids such as a nappy for example. The additional equipment he gets at school may also be argued that this is not attention or supervision over and above the average child; if he receives 1:1 support, then yes this is "attention" for DLA purposes

 

he can walk but cannot stand for long periods of time due to weak muscle tone

Does he need assistance or supervision with this?

They have given us a list of equipment he will need at home but cannot provide this (lovely nhs cut backs)

DLA are notorious in that if the equipment will reduce or eliminate a need, then that need will not be considered.

 

Can we claim anything to pay for this DLA or otherwise

 

we just want the best for our son to provide him with the eqipment to have a more comfortable life?

 

As you will see from my bits in red, to receive DLA he needs to have care and mobility needs arising from his disability to qualify. In addition, because he is a child, it needs to be demonstrated that those needs are significantly greater than the needs of other children of the same age and sex who do not have his disability. They will consider attention and supervision which is "reasonably required" as a result of his disability.

 

Certainly worth applying. I've heard of several people who get DLA for a child with dyspraxia. A wee tip; get help in completing the claim forms, as they are long and labourious. Assistance can be given by CAB or Welfare Rights. Also submit all the evidence you have: OT reports, and reports from any other professionals involved in your son's care. DLA will usually write to a professional in any case however they will not write to all of them which can throw a claim off balance if they only have the opinion of one or two of the professionals, particularly if they choose to write to the people who have the least to do with your son's care.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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Are you on benefits?

Have you heared of the community grant? They got me a disabled shower as not safe in bath.

I've just had a quick look into "Community Care Grants" - a "gateway benefit is required e.g. getting Income Support, income-related Employment and Support Allowance, income-based Jobseeker's Allowance, Pension Credit, or payment on account of one of these benefits. These grants come under the "discretionary social fund" so they can be refused at the discretion of the "Decision Maker".

Have a look at the DWP web site (link above) and if think you're still eligible you can find out more about what things you may claim for here. Go to page 30 and scroll down to "Direction 4 (a)(ii) - Helping people to stay in the community" and read on from there up to page 37.

 

Best regards and good luck,

Paul.

I'm not a qualified welfare rights adviser, but I'm planning on becoming one. I'm no substitute for more competent advice from trained CAB and welfare rights workers - [URL="http://www.consumeractiongroup.co.uk/forum/benefits-tax-credits-minimum/127741-benefits-advice.html"]see this post[/URL] by Joa, great advice and links! I've been running a Crisis Loan campaign and help since Jan 2007 . See my annotations c/o "theyworkforyou". I'm also currently interested by the recent DWP Medical Services reform and the effect this is having on valid claims, seriously - someone needs to be keeping a suicide count.

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Dyspraxia is included on the DWP's A-Z of medical conditions so they obviously acknowledge that individuals with this condition may make a claim for DLA. As others have said it is not the condition but the way the condition affects you. A diagnosis of any medical condition is not needed for a claim but it does help.

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