When ENT1s state that various aspects of personal care can be achieved 'safely' 'at your own speed', is this phrase defined somewhere in case law or guidance to DMs?

I am just assisting someone who has a lot of care needs but the DM says she can do everything 'at own speed'. I've seen this before and it's clearly a standard phrase in a drop-down menu.

Many thanks for any help.

Ken Garland

Hi Ken,

I see this all the time, and it infuriates me. ' The time taken for a person with a disability to perform a task, even though the task can be completed safely, is a factor to be taken into account in deciding if help from another person is reasonably required '(CDLA2481/1995). Have had some success with this argument. Most CFS sufferers, for example, can manage most tasks, but could then be incapable of any further effort for the rest of the day.

Many thanks, Rose, and for the CD reference (which I see was largely based on the adjudication officer's own support for the claimant!).

The AO's submission in that case notes that "there comes a point when if it takes so much longer that help can only be considered to be reasonably required". I take this to mean that if, say, a claimant takes 1 hour to get dressed by himself but 15 minutes if he has help, then that help is reasonably required. Yet 'At your own speed' implies that the 1 hour would be considered normal by the DM.

Of course, I realise that the work of tribunals is to interpret wording and decide what applies in individual circumstances, but I was just wondering if the phrase 'At your own speed' with reference to care came from somewhere specific. I had a look through the Decision Maker's Guide but the phrase or similar isn't used there.

Ken Garland

This seems to be a classic example of a DM failing to think for themselves and just blindly copying the medical officers statement.

The medical officer, making a factual statement that "the patient can do it at his/her own speed" should have been further investigated by the DM. How long was "own speed?" and was this reasonable etc.

Taking 1 hour to dress in a cold bedroom "at own speed" is totally unacceptable if the task could be achieved in 10 minutes with a carer.

Eating a meal "at own speed" may make the meal cold and totally unpalatable. by having help, the patient eats a meal that they can enjoy.

In these cases it can pay to go to town with examples to make the DM's decision look as thoughtless as it clearly is.