Judge rules ill-advised walking stick users are a menace!

RP v SSWP 2011 UKUT 449 AAC

Judge Levenson’s statement is classic:

“In my experience it is often the case that people who use a walking stick without advice on whether and how to use one are a menace to themselves and to others.”

Of perhaps more relevance he goes on to set out how tribunals should approach the question of whether someone should be assessed whilst using an aid or whilst unaided for ESA purposes:

16. It seems to me that the correct approach to regulation 19(4) is as follows. If the claimant in fact normally uses a particular type of aid or appliance, then he or she must be assessed as though they were using it. If a particular type of aid or appliance has been prescribed or recommended by a person with appropriate expertise, the claimant must be assessed as though they were using it unless it would be unreasonable to use it. If the claimant does not use a particular type of aid or appliance and one has not been prescribed or recommended, then the decision maker or First-tier Tribunal is entitled to take the view that the claimant should be assessed as if using one, but only if one is normally used by people in that situation acting reasonably in all the circumstances and it would be reasonable for the claimant to do the same. However, I do not agree with the Secretary of State that in this latter case there does not have to be any explanation of how the aid or appliance could help the particular claimant and that the advantages are obvious. The degree of detail is a matter for the tribunal on the facts of each particular case, but in my view, in the absence of actual use or prescription, there does need to be some explanation.

[ Edited: 5 Dec 2011 at 05:51 pm by Martin Williams ]

According to physiotherapists I have met, the usual problem is that people who buy their own sticks, without having them fitted, buy them the wrong length, and often use them in the wrong hand to improve their walking. This could make them worse rather than better. If a stick is provided by a hospital, a physio will ensure it is the right length and that they know how to use it properly.