Hi, I have a tribunal for a 3yr old, blind, peg fed, has developmental delay and gastro oesophageal reflux. High rate care is in payment. Issues raised by appeal - acknowledges severe behavioural problems but not so bad as to be described as severe. Behaviour not so extremely challenging that regular restraint required. Letter submitted from school states upset, distressed, making self sick, kicking and headbutting window. now only attends one day a week. Peadiatrician states no sense of enviornment or danger. When outside sits down and refuses move. Any ideas?
thank you

see page 131 BOX H5 of the current edition of the Disability Rights Handbook

thank you, I did submit a report from the mobility officer stating unable to walk unassisted and from the gp-unable to walk due to risk, the teacher stated does not have the strength or stamina to walk outside but this does not seem to have been taken into account when making the decision.

There's some useful stuff in the commentary on Reg 12 of the DLA regs in Bonner (p539ff) about refusal to walk as a possible route to entitlement under the standard "inability/virtual inability to walk" rout to higher mob: has to be worth a look at some of these cases.

Brigid