Does anyone know where I can find the full decision for CDLA/8216/1995 (re DLA and two-way communication with a deaf claimant). It does not appear to be on the OSSCSC website and I can't find it via CPAG's CDROM or via Google. Any suggestions?

I've checked all my info sources and I can't find that decision number either. Is it possible that you may have the number wrong?

A colleague of mine has had successful appeals using only Fairey (CA/780/1991) but its not really a decision you can pick bits out of.
Also Comm Goodman in CDLA/14307/96 referring to CDLA/240/1984 is useful regarding guidance.

Not sure of the circs of your case but the last appeal Chris did the DM had decided that the cl could ask for directions using other methods rather than BSL. This may seem ok to those with hearing but the actualities are rather different, if BSL is the first language then written English is of little help to the deaf person. Also raised the issue of not hearing fire alarms, bomb warnings, emergency vehicles when crossing a road using pelican crossings.

Hope this helps

Thanks for your reply Margie.

We do use part of the Court of Appeal's decision in Fairey, that extra effort required to initiate or conduct two way communication with a deaf person could constitute qualifying attention for the care component. There have also been a number of Commsrs decisions on this issue which we use. I was looking for CDLA/8216/1995 in particular as it is referred to in a submission by a former colleague, and also in some training literature provided by the Newcastle Welfare Rights Service in 2002, and it is the only decision that I have not been able to obtain the full text of.

With regards to your points re. guidance for the mob component, the issue addressed in CDLA/14307/96 by Comm. Goodman about deaf claimants and guidance was clarified by R(DLA)4/01 which is now the leading decision on this issue.

A summary of the relevant caselaw on deafness and DLA/AA can be found in RNID's factsheet "Challenging Disability Living Allowance and Attendance Allowance Decisions" which is available on our website at www.rnid.org.uk.

If anyone does have/could point me to the full decision of CDLA/8216/1995 the request still stands, though I've just had a brainwave and will try the Newcastle Welfare Rights Service too!

Problem solved! - The Newcastle Welfare Rights Service are kindly sending me a copy of the decision.

Any chance of a copy being put on rightsnet, shawn, as it could be useful to us all considering the woeful decisions we are currently experiencing?

If someone could e-mail us a copy of CDLA/8216/95 - to rightsnet@lasa.org.uk - we'd be happy to publish it.

Alternatively, if anyone can post a 'good quality' copy to us -

rightsnet
london advice services alliance
88-94 Wentworth Street
London E1 7SA

we can also consider uploading it to the site.

I have just received a copy from the Newcastle Welfare Rights Service, and so will put a copy in the post to you today. It's pretty good quality, and is only two sides.

thanks to krista for sending us a copy of CDLA/8216/95

it's now available @ http://www.rightsnet.org.uk/pdfs/CDLA_8216_1995.pdf

Cheers for that!