12. Building the evidential record

12.1 The evidence matrix

IssueCurrent accountBest corroborationLegal use
Unmet needTen hours said to be insufficientCurrent plan, rota gaps, incident diaryReview, assessment, reasons
Night riskWaking screaming; episodic symptomsSleep log, call records, clinical lettersFrequency, severity, response time
Physical episodesFainting, cramps, movement, breathlessnessGP and specialist records; observationsNeed, contingency, differential diagnosis
CommunicationSpeech fails with fatigueSALT report, recorded adjustmentsEquality and participation
Unpaid workMore than one hundred hoursTimesheets, messages, witnessesEmployment, restitution, exploitation
CoercionCare linked to pressure or sexual demandContemporaneous messages, disclosures, recordsSafeguarding, criminal investigation
Informal careDog said to be only continuous companionSupporter statements; care mapAvailability of alternatives

12.2 Incident diary

For each episode, record date and time; what happened; likely trigger; duration; consciousness and injury; support required; who was present; response time; what happened because no support was present; and any professional contact. Do not embellish. Contemporaneous, consistent records are more persuasive than retrospective totals.

12.3 Questions for professionals

  • Which needs and risks do you accept, and which do you dispute?
  • What evidence would change your view?
  • How is every accepted need met outside commissioned hours?
  • Which person or service is assumed to respond at night, and have they agreed?
  • What contingency applies if speech is unavailable?
  • What is the response time for fainting, breathlessness or trauma crises?
  • Why is the proposed package sufficient, and what alternatives were considered?