Assessment of likelihood of harm
A tribunal must consider whether there is a real possibility that could not be ignored of harm occurring, having regard to the nature and gravity of the feared harm in the particular case. Both the likelihood of the harm occurring and the severity of the consequences are relevant;
If, for the majority of days, a claimant is unable to carry out an activity safely or required supervision to do so, then the relevant descriptor applies. That may be so even though the harmful event or the event which triggered the risk actually occurred on less than 50 per cent of the days.
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