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Forum Home  →  Discussion  →  Decision making and appeals  →  Thread

Justice on a knife edge?

nevip
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Welfare rights adviser - Sefton Council, Liverpool

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Total Posts: 3137

Joined: 16 June 2010

Attached are two recent decisions of Judge Jacobs.  In the right to reside case he wields his judicial scalpel brilliantly, finding the flaws in the first tier tribunal’s decision with ease, thus restoring his patient to perfect health.  In the sleep apnoea case, he again wields his scalpel with precision.  However, this time, he wields it in such a way that he simply succeeds in chopping his patient to bits on the operating table.  A rather harsh result I fear and I watch to see if other UT judges view similar cases the same way in the future.

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Ariadne
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Social policy coordinator, CAB, Basingstoke

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Total Posts: 504

Joined: 16 June 2010

A consultant in rehabilitative medicine of my acquaintance used to use the “driving test” to decide whether someone did or did not have have uncontrolled problems with consciousness.

The patient would say that he had daily problems with staying conscious over which he had no control.

The doctor would say, “I presume that you’ve notified DLVA of this and given up driving?”

The patient would hastily back-pedal: “Oh no, I never have problems when I’m driving…”

Substitute poor grip, spasms in legs/back, need to get up and walk around frequently, coupled with normal car and controls…

The same consultant also used to say that if someone, especially a man who has driven much of his life, finds himself compelled by his health problems to stop driving on safety grounds, you should take it very seriously indeed.