20 – Child’s age: 12 years

2013/20 – Child’s age: 13 years

Diagnosis: ADHD, Intellectual Disability, Night Terrors, Receptive/Expressive Disorder and Hyperkinetic Disorder

Report of oral hearing: In line with his appeal statement, the appellant referred to the fact that his son [U] was adopted as an infant. He said that he had been easily frightened as a baby and had not walked until he was 19-20 months. He advised that he was currently attending the local Child and Adolescent Mental Health Service (CAMHS) in relation to mental health and behavioural issues.

The appellant reported that [U] had commenced secondary school in September, and that he has 5 resource hours per week and the support of a Special Needs Assistant (SNA). He said that he has had major problems since starting secondary school – the Psychologist has expressed concern regarding his grades in the school exams, as they are in line with a child who has a moderate to severe level of disability. He referred to issues in school with bullying, where other children call him names and he takes out his frustration at home. He said that his wife feels that he should be in a special needs school but that they are trying to keep him in mainstream education.

The appellant reported difficulties in relation to [U]’s personal hygiene and said that he is socially unaware of its importance. He said that he has to insist on him taking a shower, resulting in major rows. He also has to help him to wash properly. In addition, after using the toilet, [U] cannot clean himself and has often destroyed his tracksuit, underwear and trousers. When using the toilet, he has often used a full toilet roll and blocked the toilet. The appellant said he uses wet wipes to clean him before he goes to school or before he goes out. He has no problems wearing dirty clothes and getting him to change leads to conflict. He said that he has gone through three sets of uniforms in school this year. He has also lost lunch boxes, school equipment and books.

The appellant said that [U] is messy at mealtimes and leaves food residue around his mouth. He needs his food to be chopped or else he will throw everything off the plate or eat the food with his hands. He is clumsy when walking and is prone to falling and he has to be supervised in group games as he may hurt someone. He said that [U] likes to play with younger children but can say inappropriate things to them.

The appellant reported that his son has regular nightmares, and urinates when he is in this state of anxiety and fear. He and his wife are restricted socially as they cannot get anyone to mind him. When they had babysitters, they were afraid of [U]. He can be physically aggressive and lashes out at others including his parents and sibling. During tantrums, he has broken items of furniture. The appellant said that he spends a lot of time at week-ends repairing items that have been broken.

A home therapy exercise programme was devised but the appellant said that [U] often refuses to do it. When he is agreeable to doing the exercises, it takes him about 40 minutes to complete, although it should only take about 10 minutes.

Comment/Conclusion: In arriving at a decision in this case, the Appeals Officer noted the details that the appellant had outlined at the hearing. He considered him to have provided a credible account. Having carefully considered all of the available evidence on file and that adduced at oral hearing, he concluded that the child in this case meets the criteria for DCA in accordance with the legislation.

Decision of the Appeals Officer: The appeal is allowed.