DLA LRM case law help

Does anyone have any great ideas about how I could get hold of a copy of a Court of Appeal case ‘V (a child) v Secretary of State for Social Security, 23rd Feb 2001’ which is mentioned in the 2011/12 Sweet & Maxwell legislation notes on p.182.  Failing that, do you know any case law relevant to someone getting DLA LRM when the supervision is required to prevent risk of potential criminal activity or potential harm to others from some uncontrolled anti-social behaviour?  Preferably case law post-1997.
Thanks, Julie

I’ve just concluded a case (and lost by the way) that came back to the FtT from the UT for a re-hearing.  I’m away from the main office at present so I’ll post the relevant case law on Monday.  However certain dicta emerge.

1. Any guidance or supervision required merely to prevent the claimant indulging in anti-social or criminal activity is entirely outwith the scope of the statute.

2. Any guidance or supervision required merely to prevent the claimant getting arrested is entirely outwith the scope of the statute.

3. Behaviours have to be those which he has little or no control over and not ones arising from a defect in character.

4. Relevant behaviours are those that pose a risk of harm towards others or risk of harm to the claimant from others arising from the claimant’s behaviour towards them

5. The risk must not be incidental, occasional or minimal but be such that it requires the guidance or supervision most of the time

My client Mr. Suarez is most disappointed.

See CDLA/3518/12, CSDLA/547/02 and CDLA/3518/12.

Mike Hughes - 08 July 2014 08:08 AM

My client Mr. Suarez is most disappointed.

I’m sure the move to sunny Barcelona will more than make up for it.