I have a client who suffers the worst faecal incontinence I have ever known. Her life is absolutely controlled by it. She stays indoors within 10 feet of her toilet most of the time. If she has to go out for shopping she starves herself for 24 hours beforehand.She was refused DLA, and we have just been to tribunal. The panel were really nice to her and sympathetic to her problems, but could only award her low rate care as she fails the cooking test (due to other problems with her hands). The judge said this is because she 'manages'. She manages by severely restricting her life. He has directed himself to issue me a sor, as he knows I will pursue if possible.Any thoughts/advice?

hi rose
sounds awful for your cl.
anyway, on with your q. ?
i think what you need to look at is whether the cl. requires any assistance with dressing / undressing, or cleaning / washing soiled clothes, bedding, furniture, themselves and / or carpets after her bowels have emptied themselves.
heres a couple of decisions that may help :
r(dla)2/03.
r(dla)2/98.
although faecal incontinence is no doubt very unpleasant it still comes down to what attention is given to cl. during and after an episode.
hope this is of help ?

pete

Thanks Pete,

Have raised all this. Client is a resourceful intelligent lady who has developed strategies to cope, although they limit her life. Really trying to get high mob. She can't just go out as this would result in an 'accident' which would surely chafe and burn her. Therefore she starves herself for 24 hours before going out. Therefore she doesn't have 'accidents' too often. CDLA/1361/1999 gave a glimmer of light, but more ammo would be appreciated.

For high mob try CDLA/494/1994 and alternatively for low mob CDLA/40/1994

Attention for DLA needs to be reasonably required, not medically required (See Mallinson, Fairey and R(A)3/86) so its arguable that attention may be reasonably required even if she does not receive it and her coping strategies are such that they are at the cost of a more normal life in the absence of that attention

Thank you so much Derek

Caselaw is spot on and will be extremely helpful.
If you're ever in Somerset let me know and I will buy you a drink or several!

Rose

Have 2 similar cases on going and have been looking for a copy of R(A)3/86 could you post a copy of this?

I have emailed it to Sean for publication on rightsnet so it will be available to everyone

... thanks to stainsby, here's R(A) 3/86 ..

http://www.rightsnet.org.uk/pdfs/R_A_3_86.doc