DLA LRM & Driving Unfamiliar Routes

Hi

Does anyone know the basis for a tribunal to refuse LRM to my client who has Aspergers because he can drive to an unfamiliar destination on an unfamiliar route quite safely and deal with the unexpected appropriately?

I pointed out to the tribunal that you are safe from interaction with others in a metal box and the rules of the road are predictable etc so the comparison of walking without the protection of a metal box, on your own, with no set rules, on such a route would be completely different for my client with obvious significant increase in vulnerability caused by impaired functionality.

The tribunal seemed to ignore this but I observed the Doctor writing a note to the Judge when I challenged their reasoning ....

Any ideas?

Andrew

Hi, the law says:

(d) he is able to walk but is so severely disabled physically or mentally that, disregarding any ability he may have to use routes which are familiar to him on his own, he cannot take advantage of the faculty out of doors without guidance or supervision from another person most of the time.

Because the law says about being “able to walk but ...” I would think the test is about a journey on foot (not a journey by car). I would think it would be appropriate to seek leave to appeal to an Upper Tribunal.  :)

There is nothing wrong in asking contextual questions such as this.  Information about driving gives a tribunal a lot of information about a person’s cognitive abilities, mental agility, concentration, etc.  This can then be used with other evidence in order to make a more properly informed decision.  The key, of course, is to make sure that the tribunal applies the proper statutory test, which, of course, is the need for guidance or supervision in order to take advantage of the faculty of walking outdoors most of the time.  The statement of reasons will show whether this has been done or not.