[2025] UKUT 356 (AAC)

[Timothy] has global development delay and autistic spectrum disorder. He was 3 years old at the date of decision. Only the highest rate of the mobility component was in issue. He is too young to be considered for an award of the lowest rate. He toe walks, but is not unable or virtually unable to walk. He likes to run and climb, and is described as being very quick on his feet. The issue in this appeal is "severe mental impairment". The tribunal accepts that he has an arrested or incomplete development of the brain and severe impairment of intelligence and social functioning. In relation to behaviour, he likes to try and run off and will do so at the slightest opportunity. He also likes to climb to get to windows and so furniture has to be arranged carefully, doors and windows have to be kept locked, and other physical barriers are utilised, such as stair gates. He has sensory issues and is a long way behind in relation to his play and socialisation. He can have meltdowns, but these are not so unpredictable as to meet the statutory test. They often focus around his frustration if something changes or he cannot go where he wants. He has pinched other adults and children, which is often when they are making a noise that he wants to stop. He has not caused any injuries. He has now started school. Staff are prohibited from using any form of physical restraint. They use a buggy to move him around the school so that he doesn't run off, and have familiarised him with getting in and out for himself. The test for "SMI" is a high one. It is that he displays severe behavioural problems which are extreme and disruptive and which regularly require intervention and physical restraint to stop injury to himself, others or property, and that the behaviours are so unpredictable that it requires someone to be present and watching over him all the time he is awake. Although [Timothy] has very significant difficulties and that steps have to be taken to keep him safe, the tribunal find that he does not meet the very high legal threshold.