SMI - “Present and Watching Over”

I have a client with an autistic child who can spend from 30 minutes to 3 hours in his bedroom, wrapped in his comfort blanket, to self calm as part of his parents routine for controlling his behaviour. The FTT judge threw out the appeal for high mob because during this period the parents were not present and watching over, in the same room. I know Judge May in RDLA 09/02 found this scenario fatal to any such claim.

Has anyone any idea how this may be refuted, or am I chasing a lost cause?

I took on a case to the UT, CDLA/965/2012 - although it’s probably fair to see that the UT Judge did all the work…

Anyway, might give a basis for a challenge.

http://www.osscsc.gov.uk/Aspx/view.aspx?id=3574

Thank Robbo, that’s most helpful.

There’s also this recent thread:
http://www.rightsnet.org.uk/forums/viewthread/4073/