18 year old client has substantial learning difficulties and recently had DLA care component reduced from middle rate to low rate on renewal. Decision has been appealed and hearing shortly.

Client has baby of several months and cannot tend to baby's needs due to her own difficulties. The Gran has to care for the baby. Could this situation be used in support of clients appeal??
Is anyone aware of a comm. decision in this area??

Any help or guidance would be greatly appreciated.
Neil

Just prepping a sub and came across some comentary in Bonner page 145 onwards regarding care of children. May be helpful to you.

This is probably too late but I recently represented at a Tribunal where I argued that a mother with learning disabilities required supervision to ensure she was not a risk to others - the others being her infant twins.

Mother was never in Tribunal and chair and myself had a long discussion about definition of risk and in particular others. I argued others in the regs does not specify 'all others' and that in this case it could be taken to be the children. We were helped by good supporting evidence from Social Work and Health which all stated mother needed to have partner or someone with her when with the children ti ensure she reacted appropraitely to their needs.

Chair was convinced by the argument although was concerned about the lack of caselaw. I pointed out that this was a situation which was becoming increasingly common due to things like supporting people and Human Rights Law and that case law may eventually develop.

Chair was convinced by argument and awarded high care until children were 3. DBC did not attend Tribunal but requested statement of reasons, however, have just heard that they will not be challenging decision to Commissioner.