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DLA Substantial danger
Morning all,
Can anyone offer anything on what constitutes ‘substantial danger to others’ in relation to the care component? I am considering arguing for the middle rate care for daytime supervision for someone who is extremely verbally abusive and aggressive. It is extreme, well evidenced by examples, stems from a mental health diagnosis and they are in the ESA Support Group under Sch 3 descriptor 14.
I am not sure whether the danger has to be a physical danger of some kind? So far as I am aware they do not get physically violent.
Many Thanks
Sara
CSDLA/860/2000 held that the danger must be the result of the claimants disability but in your case might the claimant be at risk of being attacked by others because of his aggressive behaviour?
R(A) 1/73 states that ‘substantial danger’ should not be ‘to narrowly construed’
R(A) 1/73 is available here -
http://www.rightsnet.org.uk/pdfs/R_A_1_73.pdf
and CSDLA/860/2000 is available here -