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.

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.

Steve_h - 18 July 2011 08:29 AM

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