attention has to be "reasonably required". What if the claimant, or carer, are doing something that leads to the need for attention? For example: Child has learning and behavioural difficulties. At age 7 he is still waking during the night and wetting the bed and mum needs to get up to change him, settle him back to sleep. As part of his bed time routine he has a bottle. Tribunal did not award HRCC. Tribunal said (amonst other things)the bottle increases the night time care needs. They don't give a reason for this assertion. Objectively, I would tend to agree (based on my own experience of parenting and no professional knowledge whatever!) that children need to develop the knack of settling to sleep and, after a certain age, a bottle can hinder this. However, my client has three disabled children. When she asked her specialist health visitor about this, the HV agreed that the bottle wasn't helping but said " You've just got to pick your fights at teh moment". So, I think it is reasonable for the lad to have the bottle. The tribunal are advising the "counsel of perfection" and i think that's not realsitic here. I'd be interested to hear what others think.
|