I have an appeal coming up for a child age 11.

I have just got a phsychiatrists report stating he has agression/frustration, developmental immaturity and possible learning difficulty. No ADHD etc.

The school report is unsupportive.

Not sure if i can even get off the starting block because no physical or mental disability confirmed and no supporting evidence.

Hoping for MRC and LRM because of supervision needs.

Does anyone know of any case law that may help or any advice.

Thanks

It may be worthwhile looking at the following decisions (all links are to summaries in the briefcase area of rightsnet with links to the full decisions themselves).

In CDLA/1721/2004 a Tribunal of Commissioners reject the previously held view that a definite diagnosis or recognised medical condition is necessary to 'count' as disabled. Instead, they adapt the World Health Organisation definition of 'disability' to mean 'any restriction or lack of ability to perform an activity in the manner or within the range considered normal for a human being'.

The claimant in this appeal was a child, and the commissioners find that behaviour, in cases of behavioural disorders, although not being of itself a disability, may be a manifestation of a disability.

In CDLA/3779/2004 the commissioner gives guidance on the limitations of and the evaluation of school reports as evidence.

In CSDLA/829/2004 the commissioner outlines a three stage process when considering whether a child meets the qualifying conditions for an award of DLA.