Activity 6

Client doesn’t wish to pursue this but it caught my eye.

They have RP and use a colour reader (this kind of thing - https://shop.rnib.org.uk/cobolt-talking-colour-detector-1.html) to help them select appropriate clothing.

As far as I can see they don’t use the aid to physically dress or undress so that rules out 6b. However, they also don’t come under 6cii either because they don’t need prompting or assistance as they use an aid.

Any thoughts on whether there’s any supporting case law to push this into either?

does it rule out 6b though
the definition of dress/undress is just about ‘includes’ shoes and socks - it does not say it is the physical act of getting dressed
but do your clothes have to be colour co-ordinated to dress to an acceptable standard which has been held as being a low bar

Well that’s kind of what I’ve been wondering. This client won’t pursue it but others might. 6b looks a stretch to me in light of CPIP/772/2016. I doubt I’ll be able to stretch the plain English definitions of dress/undress. The guidance supports that kind of definition and so does the case law.

Moving on, UK/5338/2014 helpfully says that

“appropriate clothing depends on what a claimant is doing and the temperature, and should not be limited to the minimum required for decency and warmth or extended to a claimant’s particular preferences or requirements (e.g. for particular tasks);”

In terms of acceptable standard, my client is a teacher. There would be an expectation that clothes would be of a certain smartness and would not, for example, lead to ridicule from pupils for not matching; being clean; inside out or backwards etc. Generally, the colour reader sorts the co-ordination but they don’t need assistance from family on the other aspects. Family will intervene and comment if there is an issue but they’re not needed usually to prevent an issue.

I suspect we’re stuck between a rock and a hard place.

I don’t think it would be reasonable to say that “dressing” covers only the physical act of putting clothes on your body - it must also include selecting which clothes to wear and taking them out of the wardrobe, chest of drawers or wherever else they are stored.