I have a client who recently failed his PCA, he was awarded 4 points. The person tells me that despite telling the EMP on several occasions that he had problems with his bowels resulting in faecal incontinence it was not mentioned in the report. My client has to change his under wear and trousers several times a week because of this problem.

I have now produced a report from his Doctor that says ”…………….he suffers from difficulty controlling his bowels. He gets faecal urgency, he has watery stools 5-6 times a day and several times a week he has faecal incontinence.”

The DM wrote to his Doctor who confirmed again, what he had already said. The DM believes that he does not meet the criteria for this descriptor because:

1) He is not sufficiently incontinent enough to satisfy the criteria and that he only stains his underpants. I quoted CIB 14332/96 (this refutes this). The DM quoted a decision relating to bladder incontinence. Does anyone have a copy of this decision please? I have only read the summary in Bonner.
2) In his IB50 my client states that he can walk for at least 15 minutes. The DM believes that if he can leave the house for at least 15 minutes a day his bowel problem cannot be that bad. I pointed out that he lives on his own and needed to shop. I went onto say that he frequently has to return home to change his trousers/under wear.
3) The DM quoted CIB/1995/02. However, she was unable to provide a copy of this, even though this is the CD that she tells me her decision was based on. Her information on this CD appears to be what a colleague was telling her during the course of our conversation. Can anyone out there oblige me with a copy?

I am going to take a further statement from my client confirming the degree of faecal incontinence; this will confirm that it is considerably more serious than the occasional “skid mark.”

I am currently waiting for this case to be listed for appeal.

Any other suggestions or case law would be much appreciated.

Thanking you all kindly.

Graham Bazley
East Bristol advice Centre
0117 378 9809