DLA HR Mobility – SMI

I’m dealing with a lost appeal at the FtT for the highest rate of the mobility component to DLA, for Child of 3 years old with ASD.

He has an inability to regulate his behaviour in the school and often hits others; he screams; constant flapping (as a result of his ASD) and his over-excitement with his environment means that he runs around without consideration of furniture, other children or his safety.

He hits himself when frustrated and loves getting involved in dangerous activities.

On the road he is held with a leash to avoid him running into the road.

He is non-verbal and does not really understand what is being said to him – he responds to gesture and touch and has a very limited sense of danger and places himself in dangerous situations on playground equipment. During these episodes, adults needed to safely physically intervene by standing between him and children or furniture, holding his hands or using a ‘comfort hold.

The tribunal held that his behaviour is NOT “extremely disruptive” and does not satisfy the tripartite test in Reg 12(6 )DLA Regs 1991 –

(6) A person falls within subsection (3)(b) of [F2section 73] of the Act (severe behavioural problems) if he exhibits disruptive behaviour which–
(a)is extreme,
(b)regularly requires another person to intervene and physically restrain him in order to prevent him causing physical injury to himself or another, or damage to property, and
(c)is so unpredictable that he requires another person to be present and watching over him whenever he is awake.

Does anyone know of case law that deals specifically with the definition of extremely disruptive behaviour?

Thanks
http://dlvr.it/RnFkzJ

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