My client's child has CF and want to establish night time care needs for DLA. Already award of MRCC. Child requires help with nebuliser, changing nappies / bedding, coughing - giving a drink. Child also requires a lot of calming down and reassurance when condition is upsetting. Condition variable - some nights better than others.

Is there any case law about reassurance counting as attention for DLA or any other useful caselaw?

Also child has to be got up at 6 am in order to have complete all treatment before school. I'm right in thinking this would count as day not night?

Thanks very much.

Hello Jo

There is R(A)3/78 which concerned a child being soothed back to sleep following an epileptic seizure. Commissioner Temple held that in such a case soothing back to sleep amounted to attention for DLA purposes. I should think that therefore the time spent reassuring and comforting in your case, when combined with all the other night time needs you mention, ought to be enough for HRCC, even though my instincts tell me that the tereatment before starting school would count as day rather than night attention

Hi - I agree with 'Connolly' but the most important issue is the care needs in relationship to other children of the same age. You have not mentioned the age of the child but have mentioned nappy changing as an issue so I guess the child is 5+. Do they also require the usual kneading (slapping) of the back to ease breathing? and is this required at all during the night? I feel there is a strong case for HRC.

Anything after the child has woken up for the day is day care.

Check CDLA 997/03 and CSA 322/03 for night time as it is not necessarily day when the child wakes up