Roman Hawksby v Secretary of State for Work and Pensions

Facts

Roman Hawksby is a child with developmental delay who is non-verbal and lacks a sense of danger. His mother, Rebecca Hawksby, was appointed by the Secretary of State to act on his behalf in benefit matters, and on 11 October 2023 she made a claim to Disability Living Allowance on his behalf on the basis that his health conditions gave rise to mobility and care needs substantially greater than those of a child of the same age without such conditions. On 12 March 2024 a decision maker for the Secretary of State awarded the care component at the middle rate, but no mobility component at either rate, for the period from 11 October 2023 to 10 October 2025. The Appointee appealed to the First-tier Tribunal (Social Entitlement Chamber), asking that the appeal be decided on the papers without an oral hearing. On 13 November 2024 a three-member panel sitting at Leeds dismissed the appeal and confirmed the Secretary of State's decision, observing that there was no corroborative evidence of Roman's night needs beyond the Appointee's assertions. Permission to appeal was refused by the First-tier Tribunal on 20 May 2025, and the Appointee renewed her application to the Upper Tribunal, which granted permission on grounds it identified of its own motion; the Secretary of State supported the appeal.