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Not sure whether this is of general use being too close to it myself but CDLA/2907/2004 looks at motivation/encouragement right back from Mallinson without an analysis of intervening caselaw (a shame maybe but it means it's much less cluttered) and mentioning supervision but clearly (to me, anyway) saying this is all about attention and not supervision.
And also very subtly looks at the EMP report which, "having concluded that the claimant was not clinically depressed ... perhaps understandably thereafter concentrated on the claimant's physical needs ... The tribunal had before it other evidence which recorded the claimant's mental problems and it was required to weigh the evidence as a whole. The tribunal erred by emphasising only tthe physical needs of the claimant in respect of the care component; the new tribunal must make the appropriate enquiry.", a problem I find quite common with client's with mental health problems secondary to physical health problems, but which in terms of DLA are the problems which draw potential entitlement more strongly.
It's only four pages but I have a feeling it's too subtle for general use. I've faxed it to rightsnet if anyone's interested.
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