DLA - can it be dictated what it is spent on?

[WE56Y7]

Hi all,

My child is on a CIN plan but simply as he doesn't meet Surreys unlawful policy for a CWD - I have in writing there are no safe gaurding issues and this is the only way they can support us. They have been looking into mentoring for my son as he is on an eotas package as literally no school can meet needs. I lost my job and car due to this and I am now running his eotas package.
My SW who is very out of her depth has just emailed me after months of going back anf fourth and said management have now decided the mentoring service (that they identified was required at 10 hours a week) has to be funded via our DLA. I already use some for a Motability car that replaced my company car and the rest goes on my son one way or another as I had to go on UC.
Is this lawful?

Thank you.

[Suzie, FRG Adviser]

Dear WE56Y7

Welcome to the parents’ discussion forum and thank you for posting. My name is Suzie, online adviser at Family Rights Group.

I am sorry about the difficulties that you are experiencing with your local authority regarding your son. You say there are no safeguarding concerns, but your son clearly has needs from what you state in your post. You mention that your son does not meet the criteria set by your local authority to be a child with disability (assume this is what CWD) in your post means. You do not mention what your son’s specific needs are save that he has an eotsa package (education other than school attendance) and he receives disability living allowance (DLA).

You are concerned that you are now being told that the mentoring support identified for your son cannot now be provided unless you use his DLA to fund this. Unfortunately, I do not have specific expertise in respect of benefits, but it seems to me that if children’s services is making this request, they should provide you with their policy that set out the circumstances in which DLA has to fund provision under a child in need plan. Ask the social worker to explain the reason for this decision now since DLA is not a means tested benefit.

My understanding of DLA is that it should be spent to ensure the child’s needs are met as far as I am aware there is nothing to say ho it must be spent. Here is some information from the government website relating to DLA.

I think you may find it helpful to speak with Contact as they advise parents where their child has a disability. Here is their telephone number 0808 808 3555.

There is also some information HERE from our website regarding children’s services duty when a child has disabilities. You can also speak with Gingerbread 0808 802 0925 who can give expert benefit advice.

I hope you find this helpful.

Best wishes

Suzie