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Forum Home  →  Discussion  →  Decision making and appeals  →  Thread

Using a steak knife for Activity 2? 

Seamus Og
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Welfare Rights Durham County Council

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Total Posts: 10

Joined: 15 October 2020

I’ve has a SoR where they have found that if the appellant had difficulty cutting up food he could use a steak knife to make it easier.  Surely that can’t be right, and must be heading towards a need for adapted cutlery?
(Typical middle class panel as well, assuming everyone’s cutlery drawer contains steak knives, fish forks, grape scissors and olive stoners as well.)

Va1der
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Welfare Rights Officer with SWAMP Glasgow

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Total Posts: 706

Joined: 7 May 2019

‘Heading towards’ isn’t the same as actually needing it though, is it? I.e. your client has some difficulty, but can manage it by using the normal implements, rather than needing a “device which improves, provides or replaces impaired physical or mental function”(?)

There may well be merits to your argument, but I think you need to consider just how sharp that knife needs to be in order to be effective for eating, presumably a “normal” selection of foods. I don’t think it’s unreasonable to expect that our cutlery is in a reasonable state of repair - i.e. relatively sharp, but if he needs it to be made of obsidian then certainly that’s unrealistic.

A steak knife is really just a way of compensating for poorly cooked meat. If cutting a reasonably cooked carrot feels like cutting a shoe sole steak, then that points towards weakness etc that might be alleviated by adapted cutlery.

[2017] UKUT 160 (AAC) is the most similar case I can think of. It deals with the use of plastic cutlery, and finds that it is not an aid for this purpose.