Chapter 61 -Attendance Allowance and DLA care component -Definitions - Substantial Danger and Falling
Substantial danger
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This phrase should not be too narrowly construed. Substantial danger can result from a fall, exposure, neglect and in many other circumstances. The word substantial is left to discretion in each case.
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Healthy people recognize the potential dangers of traffic, and electricity and gas supplies. People with certain mental disabilities may be unaware of these dangers and put themselves at risk of serious injury.
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People with certain mental disabilities may create danger for others without being aware of the consequences of their actions; for example they may lash out at others, or they may turn on a gas fire but not light it.
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People may be at risk as a result of fits (such as epilepsy). Other medical conditions can give rise to blackouts and these need similar consideration.
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People may be of substantial danger to themselves if there is a risk of suicide. Continual supervision may be needed to reduce the risk of harming themselves. But this may not eliminate all the substantial danger.
Falling
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A person may be at risk of substantial danger because of physical disability. For example, certain disabilities may put a person at risk of falling. These falls should be distinguished from accidental falls which could happen to anybody.
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Where a person is at risk of falling as a result of disability, the DM should consider
1. whether the falling is predictable
2. if predictable, whether the person can reasonably be expected to avoid the risk unless supervised
3. if unpredictable, whether the falling may result in substantial danger to the person
4. whether the risk of substantial danger is too remote
