You will need to show that your disability means that you require
continual supervision throughout the day in order to avoid substantial danger to yourself or others.
This question applies to people who may be at risk of harming themselves or others during the day and
need someone else around to reduce that risk. It applies to people who may be prone to accidents and to those who, as a result of a serious mental illness, may cause deliberate harm. It does not apply to people who have a personality disorder.
The DWP Decision-makers' guide states (para 61150)-
Supervision is not attention. It is a more passive concept, such as being in the same room as a disabled person and prepared to intervene if necessary. .To satisfy the supervision test the following conditions must be satisfied
1. The medical condition is such that it might give rise to a substantial danger to the disabled person or someone else
and
2. the substantial danger is not too remote a possibility
and
3. there is need for supervision to ensure that the disabled person avoids the substantial danger
4. the supervision needed is continual
(Emphasis added)
-"Continual supervision", means that you need someone else to be around to prevent accidents. Continual is not the same as continuous- the other person can be away from you for brief intervals- he or she does not need to be with you for 100% of the day.
-Supervision is not the same as attention- it doesn't mean that you need some kind of help but that you do need somebody around and ready to intervene
-Your carer does not have to be standing over you all the time but you need to show that having someone around (eg in the next room) and ready to intervene really does reduce the risk of harm.
-You need to show that your disability may give rise to substantial danger to yourself or others
-substantial danger is not given an exact definition. You may be at risk from falling, self-harm or you may become aggressive with others if you are not supervised. You may also also be at risk of accidentally putting yourself in danger- some people with dementia, for example, may turn on the gas and forget to light the fire. The Decision Makers' Guide indicates that the word "substantial" should be left to discretion in each case
-The danger can be intentional or unintentional
-The likelihood of this danger occurring should not be too remote a possibility.
-If the consequences of the danger are very serious then the likelihood is less important.
-Throughout the day means during all parts of the day and not just during one or two parts of the day.
-With regard to epilepsy, the relative frequency or infrequency of attacks is not considered. What matters is the likelihood of an attack and the risk of substantial danger should that attack occur.
