Day in the life of an Expert Witness

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Medical evidence and clearance for a dependent elderly relative to enter the UK
Keith Rix 227

Medical evidence and clearance for a dependent elderly relative to enter the UK

byKeith Rix

 

Commentary

If, which is not clear, medical evidence that assists in the application of the adult dependent relative provisions as to entrance clearance for dependent adults to enter the UK is usually provided by doctors in the country in which the dependent relatives reside, this judgment may be of little interest to healthcare experts in the UK. However, it makes a very basic point about the format of an expert report and it illustrates how important it is to know and understand the particular test or rule that is applicable.

In the case of the first dependent relative, there was no medical evidence. In the case of the second dependent relative, although there was psychiatric evidence, it was not sufficiently detailed for her personal care needs to be established. 

Learning points

General

  • Page and paragraph numbering should be applied to expert reports.

In the application of the adult dependent relative provisions as to entrance clearance for dependent adults to enter the UK

  • The test is whether as a result of age, illness or disability the dependent relative requires long-term personal care to perform everyday tasks.

  • In any such case it is advisable for there to be medical evidence from an appropriately qualified expert.

  • Appropriate evidence is central to the ability of an ADR applicant to succeed on emotional or psychological grounds.

  • It is not sufficient to refer to care needs; it is necessary to particularise them and with sufficient detail for it to be clear whether there is a requirement for (a) long-term 9B0 personal care to preform everyday tasks.

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