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Caselaw needed - attention out of doors
Not a massive problem, so no worries if no-one can come up with anything.
Have had a tribunal say in its SOR - and specifically in relation to the care component - that it ‘could not consider’ help that a client might need to calm, reassure and direct him away from disordered and distressing thinking when out of doors - this help could only be considered indoors.
It’s apparent that what it was trying to imply was that such help is only relevant to the mobility component and could not be considered for the care component. Clearly this is wrong - and I’ve got no real problems with arguing it as an error of law (e.g. a person who self-harms as a result of their mental health problems might also experience severe panic attacks such that they need guidance and supervision to enable them to visit a park on a Summer’s day. But if, having arrived at the park, they require someone to calm and reassure them to dissuade them from self-harming or actual restraint to prevent them from doing this, that will all be attention - and attention which should be included in the totality of their care needs).
But it would be useful to have a Commissioner’s/UT decision that says so and I can’t seem to think of one….