Hi - a new member.

I have a client with 10 year old child. Client is appealling against decision to refuse child DLA.

Child suffers from epilepsy. Medical evidence says epileptic fits are intermitent but client says they occur two/three times a week. I need pointers to relevant cases, re. attention/supervision needs for epilepsy sufferers.

Try the DLA and Ateendance Allowance Case Law pack from the Disability Alliance

http://www.disabilityalliance.org/digest.htm

Moran v Secy State for Soc Services, Ct of Appeal 1987, reprted as the appendix to R(A)1/88

The appeal could go on the grounds of the medical evd. Could be help to get supportive information from the school as regards to how often it will happen in school environment again if they are under specilist care GP may not be aware of all of the problems that the client is having with his condition. Also be careful about information that you get from the school as they tend to put a good picture across.

The first question for all epilepsy cases is: Does the claimant get any warning of a seizure? If they don't and have tonic-clonic seizures by day the even if they are infrequent it may well mean they need continual supervision; the effects of an unsupported fall and subsequent seizure can be very dangerous. And even if a child did get warnings they may not be mature or confident enough to summon assistance required. Have the clients got a record of when the child has had a seizure and the effects of one on the child? If not a diary can be a very useful tool in showing the actual extent of the condition and the problems it causes. The 'medical evidence' on frequency of seizures probably only comes from an estimate from the parents anyway. If a diary shows injuries or something similar when a seizure happens at school but less injuries at home it may show that there is a closer supervision within the home enviroenment and that is mitigating injury, so that closer supervision would be reasonably required at school.

If you do not have it I would strongly recommend the 'Derby book' as as a starting point for looking for caselaw on any subject for DLA. Its details should eb accessible via www.derbyshire.gov.uk.