DLA- child with attachment problems

Hi,

Does anyone know of any caselaw on whether attachment problems in a looked after child are considered as a disability.

Thanks

Sara

Without answering the specifics of your question (not enough factual information) have a look at CDLA/4475/2004 and CDLA/1807/2005 for discussions of disability/diagnosis in general.

CDLA/1721/2004 cited by the Commissioner in CDLA/4475/2004 is now reported as R(DLA)3/06

The Tribunal of Commissioners hearing that case held at [47]

47. In our view, bearing in mind the IQ of the claimant (as assessed by Dr Ford) and the evidence from the school that the claimant’s misbehaviour was not wilful (which would seem to support the conclusion that she is genuinely unable to control her behaviour), despite the lack of a diagnosis by a medically qualified person, the tribunal in this case properly directing itself did have evidence upon which it could have found that the claimant was disabled and satisfied the criteria of sections 72 and 73(1)(d) of the 1992 Act, and the tribunal’s approach to the statutory provisions and its failure to make a finding on that issue were errors of law

The general principle here is that the Tribunal must make adequate findings of fact to determine whether the behaviour is a matter of choice or whether it is a consequence of a disability

That principle has also been applied to addictions whether it be illegal drugs or alcohol (R(DLA)6/06SD v SSWP (PIP) [2017] UKUT 310 (AAC), [2016] AACR 35 (SD v Secretary of State for Work and Pensions (ESA) [2016] UKUT 100 (AAC)) )