Hoping someone can help with this case. I am supporting a familiy with the renewal claim for thier 15 yr old son, Current award HR care and HR mobility. Ok with the HR care needs, but seeking a Commissioner / Upper Tribunal decision to support the HR mobility.

the claimant is Autistic, with Tourette Syndrome and has extreemly unpredicable behaviour patterns. his IQ is recorded at below 50. he reacts violently when told to do something he does not want to do. he has to be physically restraned at times, other times holds a normal conversation. when out of doors he sometimes just stops moving and will sit down and will not move or even react when told to do so.

many thanks

Have a look here.

http://www.rightsnet.org.uk/dc/dcboard.php?az=show_topic&forum=100&topic_id=6838&mode=full

Sounds good for HRM to me! Say what you have said: he has severe mental impairment (IQ below 50 is definitely this), displays severe behavioural problems and is getting highest rate care. This is the section 73 criteria.
You then go on to the regulation 12 criteria: his behaviour is extreme, regularly requires another person to intervene and physically restrain him to prevent harm to himself and other people. and is so unpredictable that you need to suprvise him constantly when he is awake.
It you are looking at refusal to walk, there is plenty of case law that if this results from a physical abnormality of the brain (no probs there with autism), then it counts as being unable to walk, not simple malevolence. Cases include CM/98/1989 which includes the question "Is not the fact that a brain-damaged 18-year old behaves like a child something to do with the brain damage?"
The fact that he can sometimes appear relatively normal - I doubt someone with his mental impairment ever appears completely normal - only goes towards the unpredictability, being soemething that might put you off guard.

http://www.osscsc.gov.uk/judgmentfiles/j248/cdla%203215%202001.doc may be of some use.