I have acquired client recently who is "severely mentally impaired;i/c severely mentally ill" and receives hrc + lrm dla, was wondering how I could safeguard his care but increase his mobility, his psychiatrist is firmly in our corner as is his GP. I know its a bugger to decide cases like this but I feel that if he were placed in front of a tribunal they would rule in his favour. His impairment of social functioning does impair his active and perceived inteligence and he could be considered a "substantial danger to himself and others". His eratic behaviour could be considered extreme and he needs to be watched over at all times. What constitutes incomplete development of the brain? Client had severe mental illness before the age of 30 if your wondering! He regularly requires active physical intervention to prevent harm to self/others. As I am led to believe a mental illness (re:- mental impairment)are one and the same and that a mental illness is due to a chemical imbalance in the brain in certain circumstances i.e depression. This is an incomplete development of the brain whatever your point of view. Well what do you all think, am I barking up the wrong tree?

In all cases where the client asks for a upgrading, the DM will look at the whole award again - for that reason in the majority of DLA cases, whether due to physical or mental disability, where the award is HRC/MRC and LRM I would be very inclined to leave well alone, unless there are very good physical reasons for an award of HRM.

All too often in the past we've all seen existing awards illogically cut back to lower levels or to nil - which can have quite serious implications for the client's financial situation - which in turn can have a devastating effect on the client's mental stability. OK, so you might be able to win the award back on appeal, but by then the damage will have been done.

There is a distinction between mental illness and severe mental impairment as defined by the regs. Most cases of mental illness will fail on the grounds that there is no impairment of intelligence. There have been some interesting case on HRM & mental health : see R(DLA)2/96,R(DLA) 3/98, CDLA1678/97(*21/98), CDLA5153/97(*39/99) and Megarry v CAO(CA)1999.
Also agree with Mike - probably not risking the HRC

I wouldn't touch this one as it may put the HRC at risk. I have found recently that even where clients have backing from the Psychiatrist and GP that the decision makers are coming up with amazingly egregious decisions. I would like to believe its a lack of understanding of mental ill health but the more I see the more I think that perhaps its a toughening up on awards above low rate care for mental ill health.

in addition to the case law already mentioned you may find these useful CDLA/3215/2001 CDLA/6701/1999 *53/01 AND CDLA/6219/97 * 64/98. Good luck!!

Thanks for your responses they are valuable and ınterestıng,as are the grounds of the hıgher rate mobılıty ın the case,as ımpaırment of socıal functıonıng ıa also ımpaırment of inteligence

A recent decision by Commissioner Williams considers the issues of severe mental impairment and severe behavioural problems, the nature of medical evidence to be considered, as well as reviewing previous case law.

A summary of CDLA/1545/2004 is available in the briefcase area of rightsnet, together with a link to the full decision.

been doing a little digging with links given and am almost sure that I have a case for client,thanks for all your help all of you it takes the pressure off me somewhat

CDLA/1545/2004 pushes the belief that its severe impairment of inteligence and/or social functioning, implying that inteligence can be impaired by social functioning. If a person of good inteligence acts in a manner that is dangerous and threatens life to self or others then this impairment of social functioning which is so dangerous also puts a limit on that part of active inteligence that is present, given that to act irrationally does not take inteligence rather more like emotion that cannot be controled, no conscious thought is involved