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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

Descriptor 10Aiii (continence)

anned
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Welfare Benefits Worker, Hambleton CAB, N Yorks

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Does anyone have any thoughts or case law on the definition of “full evacuation of the bowel” in this descriptor?  How is it decided if the bowel is fully evacuated or only partially?

nevip
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Welfare rights adviser - Sefton Council, Liverpool

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Sorry no case law I’m afraid but my view is that the bowel is fully evacuated when a person loses control voluntary control of the sphincter muscle and the bowel evacuates before control is regained over that muscle precisely because the bowel has so evacuated.  If that makes sense.  There might still be impacted faecal matter in the colon or more faecal matter that can be pushed out but that would be irrelevant.

In common parlance, and taking a common sense approach, it is what the man in the street would regard as having well and truly “s**t oneself!

ClaireHodgson
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Solicitor, CMH solicitors, Tyne And Wear

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i’m sure i remember a lengthy thread on this topic, possibly last year - try searching the old forum…

ClaireHodgson
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Solicitor, CMH solicitors, Tyne And Wear

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Welfare Benefits Worker, Hambleton CAB, N Yorks

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Thank you both.  The thread you gave me was very interesting, Claire, and confirms that my client’s case is arguable.