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maxman51

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  1. Hi If it is private property then the only way a charge (not fine) cn be inforced is through the small claims court. There has to be signs clearly visable to you not hidden, lines also have to be clear. You will need to go and take photos pronto. Your case has to be there were no clear signs.
  2. With respect not correct. LRM applies to assistance with familar surroundings. Not the need for restraint because of danger.
  3. Our understanding of Mobility is for the person in need to be able to access thier right to movement, or as put by a Commissioner: "dependence for out of doors mobilty on other people, on mechanical equipment or both. Our daughter is unable to access out of doors with out supervision. As our daughter, being 16 even if she were 26, she is still and always will be our daughter, is deemed by law an adult not a child.
  4. Tinks Thank you for reply, had no idea about the Guide very interesting. Have had to send off for appeal, but had a reply form DWP saying that they were looking agian, third time now, so will see. Did make several references to case law, it looks as thought it will fall or stand on what intepretation is given to extreme behavioural problems. In the second refusal DWP state our daugther is at risk of dangerous behaviour, so will have to wait and see. Had no idea either about the right to see statement of reasons. Will post outcome when we get it Thanks again for your advise very helpful John
  5. MrandMrsveryunhappy suggest you look at thread under Special needs, Disability etc before you jump to conclusions. John
  6. Hi Tanya First, was the company a Ltd one, if so you will be in line as a creditor with little chance. Second, if it was a Ltd company he will be only liable for the amount of shares he holds, Ie about a £100 worth to set up. You state he gave you personal guarantees, here may lay, your only chance of getting anything back. You have to know if he owns any property in his own name, ie where he lives, you can I think now do a cross reference Ie name to property, or will be able to soon. Even if he gave you a verbal guarantee, it is as binding as a written one. Hope this helps john
  7. Hi, any advise and help with our daughters appeal would be much appreciated. She is now 16, we have had DLA higher rate and Mobility lower rate for some time, she has no diagnoses as to her condition except for Global delay. Because she became 16 we had to re-apply for DLA, it was issued again at the old rates, we appealed the Lower rate mobility, she has problems walking any distance. However we looked on the net and found advise relating to appeals under Section 73(3) of the Social Security Contributions and Benefits Act 1992. We appealed the original decision using the above, our daugher has an under delveloped cerebellum. We have just been refused by the DWP and want to appeal this latest decision. In it`s refusual the DWP state, to get higher rate mobility, you need to have all of these conditions. Stopped or incomplete developement of the brain A severe impairment of intelligence A severe impairment of social function Need someone to watch over you whenever you are awake Satisfy the conditions of Higher Rtae of care Severe behavioural problems Show very disprutive behaviour and regularly need someone to physically restrain you Apart from the last two the DWP concede she meets all of the above. Of the last point we would suggest the ruling in CDLA/2054/1998 applied theDWP clearly did not. Our daughter has needs such as she has no conceptaul awareness, no awareness of danger, would walk into the road without looking if not restrianed, no awareness of starnger danger, would go off with someone if offered a sweet. Any ideas on how to format an appeal please:-x john
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