I'm sure this has been discussed before and I'm pretty sure there are Commissioner's decisions on the topic but I'm having a blank. Can anyone remind me if thinking is considered a bodily function.

I have a Tribunal for a mother who has a learning disability and has to be supervised when she is with her children (10 months). I think we have a good supervision argument for middle care but would like to back it up with an attention argument. I think I need to define a bodily function though which she needs help with to care for her children and she has no physical problems.

Bit from RNID.

http://www.rnid.org.uk/information_resources/factsheets/benefits/factsheets_leaflets/challenging_decisions.htm

But Commissioner May ruled: "interpretation by the claimant of what is on the written page is related to the cognitive function of being able to interpret writing rather than the bodily function of hearing" (CSDLA/867/1997 & CSDLA/840/1997). The cognitive function involves the ability to understand something. A number of other commissioners' decisions support the view that cognitive functions are not bodily functions (see CSA/389/1997, CA/22/1993, CSDLA/309/1998 and CDLA/4295/2000).

However, in CDLA/3433/1999, Commissioner Levenson disagreed with May's view that "interpretation of the written word" is related to cognitive functions rather than the bodily function of hearing. Levenson held: "the interpretation of the written word is, in my view related to both and there is no significant difference between this and what happens with interpreting speech".

There is a bit more to it so you may want to look at the whole thing and put into a context that relates to your client.

Hope it helps