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CP v SSWP (DLA) [2013] UKUT 230 (AAC)
Has anyone got a copy please they could share?
It’s on the thingie:
https://administrativeappeals.decisions.tribunals.gov.uk/Aspx/view.aspx?id=3811
Thanks both really appreciated it led me to the following which was the one I was really after but could only remember it was Commissioner Bano.
[2005] UKSSCSC CDLA_3779_2004 (02 February 2005) - https://www.bailii.org/uk/cases/UKSSCSC/2005/CDLA_3779_2004.html
‘Although a school report will very frequently contain valuable evidence in a claim for disability living allowance by a school-age claimant, it is necessary to have particular regard to the nature of the school environment when evaluating such evidence in relation to the evidence of other witnesses. Young children at school have to be more or less continually supervised for the school to function properly, so that a child with a disability may not need supervision over and above that which is normally given to all other children while attending school. However, children with disabilities may need supervision beyond that needed by other children when outside the school environment in order to avoid substantial danger to themselves or others, and it is that supervision which needs to be considered when deciding entitlement to care component. Evidence from a school should therefore be considered along with all the other evidence concerning a child’s care needs in deciding whether the claimant can safely be left unsupervised and whether the child requires substantially more care from another person than children of their age would normally require’ (paragraph 9).