Recording Medicals

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Dear Department for Work and Pensions,

In this Freedom of Information request the expression 'DWP' should be taken to include the Department of Work and Pensions and their 'medical services contractor' ATOS Healthcare; and ‘medical asessment’ should be taken to include any form of work capability asessment or other medical or capacity related interview carried out by or on behalf of the DWP in respect of a claimant in connection with any form of benefit; I request full details, policies, memoranda or other information on or with regard to:-

1.1 Whether the DWP will currently try in any way to prevent a claimant overtly taking their own audio-recording of his or her medical assessement.

1.2 If the anwswer to the above is ‘yes’, full and specific details of any statute, regulation or other legal provision or ruling which the DWP claims supports any entitlement whatsoever on the DWP’s part to try prevent a claimant’s so proceeding.

1.3 Whether the DWP acknowledges that it would NOT be in any way illegal or unlawful for a claimant to record such an asessement covertly.

1.4 If the answer to 1.3 is ‘no’ (the DWP does not so acknowledge), full and specific details of any statute, regulation or other legal provision or ruling which the DWP claims supports such a contention.

2.1 The processes to allow\as to how claimants can request the recording of their medical asessements.

2.2 Whether or not any recording currently made by or on behalf of the DWP must “must be made by a professional operator, on equipment of a high standard, properly calibrated by a qualified engineer immediately prior to the recording being made” (as is currently stated in the ‘ESA Handbook’).

2.3 Arrangements for a claimant to obtain copies of any personal data stored by the DWP as result of the DWP’s making a recording of any medical assessment.

2.4 Specifically as to whether the DWP acknowledges that any recording so taken will be, in respect of the claimant, ‘personal data’ as defined by the Data Proetction Act and subject to therefeore to subject access rights and the data protection principles.

3.1 Whether the DWP will refuse to conduct a telephone converstion with a claimant or his\her advisers if the latter say they are recording the call.

3.2 Whether the DWP currently permits or will in the future permit ATOS to refuse to conduct a telephone conversation with a claimant or his\her advsisors solely on the ground that the calls are being recorded by or on behalf of the claimant.

4.1 All steps taken by the DWP to inform claimants of their current rights in respect of requiring the recording of medical asessments.

4.2 More specifically, where the DWP has published or will publish all relevant information as to such rights on-line.

4.3. Whether the DWP acknowledges that arranging affairs such that claimants can only be fully advised of current procedures as to their medical assessment by means of Freedom of Information requests, which the DWP acknowledges will not be complied with within the period of notice of medical assessments given to individual claimants is a disgrace.

Yours faithfully,

Mr S.T.Fyl

DWP Adelphi Freedom-of-Information-Request, Department for Work and Pensions

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DWP Adelphi Freedom-of-Information-Request, Department for Work and Pensions

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Central FoI Team

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