Factual background The First-tier Tribunal records the factual background as follows
Factual background
The First-tier Tribunal records the factual background as follows:
9.“[LAG] has a borderline personality disorder and has had this for many years. She has been under the care of mental health services including the crisis team, CMHT, Talking Helps and more recently she saw a mental health practitioner, […]. She takes prescribed medication.
10.[LAG’s] mental health was particularly troublesome for her around her pregnancy in 2017, and after her baby was born. Social services became involved and she had significant mental health input from professionals. However, by 2022 her situation had improved, and she was caring for her young child and managing a little bit of work.
11.[LAG] has generalised anxiety disorder. She is prescribed Propananol which helps.
12.[LAG] has epilepsy. The condition is well controlled with medication. At the date of decision [LAG] had not had a daytime seizure for over 3 years. She did have some night time episodes which were improved by an increase in medication.
13.At the date of decision [LAG] was not working. She had attempted 4 jobs over the course of a year, but none of them lasted very long.
14.[LAG’s] grandparents ring her daily and visit at weekends. They sometimes take their grandson away to give [LAG] a break. [LAG] still sees her partner, but they do not live together. Her partner helps out and collects their son from school.
The evidence in the First-tier Tribunal bundle of the appellant’s interview with the Healthcare Practitioner (HCP) included the following:-
“She was removed from her last GP surgery due to behavioural issues. She now has a mental health GP, she is able to get appointments when she needs them She can see a therapist when required. She will be in contact with them if something major is happening in her life, she was having regular input for a year however she felt this overwhelming and he advised she could contact him if she felt the need. She last spoke to him 5 weeks ago.
Mental health conditions including anxiety and Emotionally unstable personality disorder diagnosed 2005- This was diagnosed by a psychiatrist,…She feels overwhelmed very easily while at work. She can take things personally, if she feels she is not being treated properly she can be upset and lose her temper easily. she has lived in her current street for the past 6-7 years…
She has had physical fights with 3 neighbours, She has had a recent altercation with her neighbour which became physical and the police were contacted. social services are now involved in regard to her sons welfare.
She has had suicidal thoughts and the police and social services have been involved due her threatening to overdose, this last happened 5 weeks ago following her altercation with her neighbour.
...She has previously overdose, the last time being around 2 years ago. She has self harmed however this was many years ago. Her GP is aware of this. She has been kept in a police cell overnight for her own safety due to threatening suicide…”
The appellant’s mental health worker, Mr Sowter, provided a letter in support of her PIP appeal as follows:-
“I have known [LAG] since 2021 in my capacity as Mental Health Practitioner on the Special Allocation Scheme (SAS) at Cruddas Park Surgery. SAS provides primary health care for patients removed from the lists of their previous GP for aggressive and/or violent behaviour. I have provided two episodes of care to [LAG] since 2021 and these episodes comprise face to face appointments and telephone contacts as agreed with [LAG].
[LAG] has primary mental health diagnoses of Emotionally Unstable Personality Disorder (EUPD) and Anxiety Disorder. She also has a diagnosis of epilepsy. Her mental health problems manifest in significant difficulties in managing her daily life as follows;
• Difficulty in managing stress and interpersonal relationships. [LAG] finds herself in conflict with others on a regular basis and this includes employers, work colleagues, neighbours and shop workers. This conflict manifests in arguments and aggression including violence toward others and also episodes of self-harm.
• Impulsive behaviour including aggression.
• Problematic alcohol use as a way of managing stress, distress and seeking relief from anxiety and conflict.
• Problems in using public transport. At times [LAG] requires support to attend appointments due to her anxiety and is unable to use buses.
• Problems In maintaining daily activities. [LAG] requires the support of her ex-partner to undertake many daily tasks when she is unwell including practical support and prompts to maintain nutrition and hygiene for her and her son.
EUPD is a chronic condition that will likely be present to some degree for the foreseeable future for [LAG]. It is a variable condition and there are times when [LAG] has been able to manage her daily affairs at a competent level, including periods of employment, however the nature of the disorder means that there are regular and frequent relapses that mean [LAG] requires personal and professional support.”
- Heading
- The decision of the Upper Tribunal is to allow the appeal. The decision of the First-tier Tribunal involved an error of law. Under section 12(2) (a), (b)(i) and (3) of the Tribunals, Courts and Enforc
- These Directions may be supplemented by later directions by a Tribunal Caseworker, Tribunal Registrar or Judge in the Social Entitlement Chamber of the First-tier Tribunal
- Factual background The First-tier Tribunal records the factual background as follows
- The First-tier Tribunal’s decision
- The grant of permission
- The approach of the Upper Tribunal
- Why I am allowing the appeal
- Conclusions
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