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Case law required
Can any one suggest a commissioners decision to support an appeal concerning a client who has poorly controled type 1 diabetes.
Thanks for any help
Can no one help me?
I’ll have a trawl Steve, when do you need it by?
What type of appeal is it? DLA, IB, ESA?
I presume you are looking at blood sugars, monitoring, dietary control, awareness and so forth.
What are you trying to establish, is it supervision, attention needs?
I’ll try and help if I can, but a bit more info would be good to see which particular point you are trying to make and how case law may assist your argument.
[ Edited: 20 Jul 2011 at 06:55 pm by Nickd ]For supervision needs for a condition that is poorly controlled R(A)6/90 might be useful- I must confess that ihave only read the precis in Mark Perlic’s excellent Case Law pack but it may fit the bill.
Try these Steve:
R(DLA) 1/98 (formerly CSDLA/126/1996) states that In the case of diabetes mellitus, the bodily function is held to be the metabolism.
continuous ambulatory peritoneal dialysis (CAPD)
CDLA/4134/2001examines in some detail the care needs of someone who has diabetes and kidney problems who has to undergo continuous ambulatory peritoneal dialysis (CAPD).
CDLA/2973/1999* (21/01) states that, for high rate mobility component, diabetic ulcers on the feet may constitute a danger to life or be likely to lead to a serious deterioration in health when walking.
Found these on Disability Alliance,
There is also TH-v-Department for Social Development (DLA) [2011] NICom 146
Decision No: C86/10-11(DLA) which deals with supervision in respect of monitoring.
hope they are of help.
[ Edited: 22 Jul 2011 at 02:52 am by Nickd ]Can any one suggest a commissioners decision to support an appeal concerning a client who has poorly controled type 1 diabetes.
Thanks for any help
interestingly, i’m waiting for a statement of reasons from tribunal for one of these, and hope i can find an error of law…
Can anyone provide me with a copy of case R (A) 2/89 to do with supervision - in case of fire? Thanks. Appeal hearing calling this afternoon and don’t think will be successful without the case.
hi - sorry don’t have electronically - however, mentioned in notes on supervision in vol 1 of sweet and maxwell (half way down p166) which tribunal will have if you don’t by any chance. also tribunals supposed to have reported decisions at venue i believe.
i often used to use R(A) 3/89 for supervision cases - sets out useful questions to be asked - they are reproduced in full on same page of sweet and maxwell.
Thanks for your responses,
It was mainly supervision I was looking for