Hi, I have just recently attended a Tribunal Hearing where decsion to refuse higher rate mobility, under the grounds of severe mental impairment (SMI Test), was due to the fact my client was not regularly physically restrained.

I need to define the meaning of 'physically restrain,' is it with force or can it merely be with holding ones hand?

With regards to this, Disability Rights Handbook highlights case CDLA/2470/06. I can not seem to find this case law anywhere. I've tried the Derbyshire Case Law Book, Rightsnet and the Social Security and Child Support Regulations website. Please help.

Mon 01-Feb-10 12:57 PM by iut044

Hi


Just type the reference into google, it is the first result.

if googling it you'll need the 4 digit year ... ie CDLA/2470/2006

... and you'll end up @ http://www.osscsc.gov.uk/aspx/view.aspx?id=2229

(nb - you'll also find a link and a summary of the decision in rightsnet briefcase @ Whether claimants severe behavioural problems sufficient to merit higher mobility award)

Hi,

Thanks, I did do that originally before posting my request. I've just worked out that you should enter the whole year figures when searching for a case law in google.

Thank you anyway.