Big C
You can only challenge the Decision if you can show that there has been an Error or Law, as a first stage to this you need to request a written Statement of Reasons, please be aware that the DWP will also receive a copy of this opening up the opportunity for them to challenge the Decision as well, whilst it would be unusual for them to do so it is still a risk that you must consider.
What is an Error of Law? Tribunals – Requesting a Statement of Reasons
You do not say how old your daughter is but the rules for claiming DLA as a child are different than those as an adult (16 and over), so it is possible for the award to change simply because of this.
Higher Rate Care is awarded where their are substantial care needs both day
and night, whereas the Medium rate is for day
or night, if you believe an HRC award is justified you should have a look at your submission and evidence to see if it could be misunderstood or that you did not emphasise it sufficiently.
We can only offer limited support for an Upper Tribunal appeal, our recommendation is that you get face to face advice from an advisor with experience in this are.
Please be aware, the most likely result of an Upper Tribunal Decision, is that the original Tribunal is ordered to be heard in front of a new panel, with a direction as to how to avoid the Error of Law, this will be a full re-hearing of the case, so you do risk the possibility of this new hearing reaching the same conclusion or even a worse award.
The following provides additional advice about appeals to the UTT.
www.disabilityrightsuk.org/appealing-upp...er-tribunal-decision
Gordon