JKE v The Secretary of State for Work and Pensions

Facts

The appellant, a child anonymised as JKE, claimed Disability Living Allowance through his mother, PQR, who acts as his appointee. On 16 November 2023 the Secretary of State's decision-maker refused the claim. The appointee appealed to the First-tier Tribunal (Social Security and Child Support). On 2 June 2025 a panel sitting at Leeds (Judge S J A Osborne, Dr Platts and Mrs Tharby) dismissed the appeal and upheld the refusal. A statement of reasons followed on 19 September 2025. In it, the Tribunal said that no formal diagnosis of ADHD had ever been made. It also said that the appointee had provided no medical diagnosis or professional opinion to support her account. It accepted that the child showed behavioural problems, including aggression, defiance, lack of awareness of danger and wandering off. However, it attributed that behaviour to neglect, inconsistent parenting or a lack of parental boundaries, and noted evidence that he was a "class clown". Yet the appeal bundle contained a Child ADHD medical certificate dated 8 April 2025 recording a diagnosis of ADHD (combined presentation type). The audio record showed that the Tribunal had asked the appointee about that document at the hearing. The appointee appealed to the Upper Tribunal on four grounds: the Tribunal had failed to consider an Education, Health and Care Plan, failed to consider statutory evidence, given inadequate reasons and overlooked documentary evidence. Upper Tribunal Judge Wikeley granted permission. The Secretary of State supported the appeal.