This is an HTML version of an attachment to the Freedom of Information request 'Audio recording by claimants of WCAs and PIP assessments: Omega Reporter 20 Voice Activated Cassette Recorders'.

To: R Sykes 
xxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx
 
 
 
DWP Central Freedom of Information Team
 
 
e-mail: xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx@xxx.xxx.xxx.xx
 
 
 
 
 
 
Our Ref: FOI 3  939
 
9 September 2013
 
 
Dear Mr Sykes, 
 
 
Thank you for your Freedom of Information request dated 18 August 2013.  
 
You asked: 
 
‘Audio recording by claimants of WCAs and PIP assessments: Omega Reporter 20 Voice 
Activated Cassette Recorders  
 
On behalf of ESA and PIP claimants wanting to know what equipment they can invest in for the 
purposes of (overtly) recording their WCAs or PIP assessments, I recently had occasion to 
telephone Atos more than once. I received different responses from different Atos  
offices\telephone centres in respect of the same equipment, and in no case was Atos prepared 
to confirm their response in writing. 
 
The particular equipment the claimants wanted to know whether they should buy comprised 
TWO Omega cassette reorders to be used simultaneously, as further specified here:- : 
 
http://www.amazon.co.uk/Omega-Reporter-20-Activated-Cassette/dp/B000P8VPTW 
 
It is obviously highly unsatisfactory that any organisation acting on behalf of the DWP should fail 
to give accurate responses. Faced with this uncertainty, the claimants concerned used single 
USB recording devices covertly and perfectly legally (and very good, clear and evidentially-
useful recordings they made). 
 
My question for the DWP under FoI Act is:-- 
 
Q. Under CURRENTLY RECORDED DWP policy: is the equipment I have described and 
specified above (two Omega reporter 20s) acceptable as equipment to be used to record a WCA 
or PIP assessment by a claimant, with one cassette to be retained by the claimant and the other 
given to Atos (or other DWP subcontractor)? 
 
Having perused certain previous, and in my view highly evasive and unlawful, responses of the 
DWP in connection with the audio recording of medical examinations, I make the following 
additional observations which may assist the ICO in due course:- 
 
1. I am not asking for 'advice' or reference to any 'process'. I am asking for an answer to a 
question raised under the Freedom of Information Act to which I am statutorily entitled.  


 
2. I couldn't care less whether or not the DWP keep 'lists' of 'approved equipment'; and I am not 
asking the DWP to specify each and every model which would be acceptable. I am asking 
whether under currently recorded arrangements the PARTICULAR equipment I have specified to 
you in this communication conforms to the purported policy the DWP has devised without 
statutory authority. (This is a form of central clarity and transparency which will become even 
more important as the number of  'service providers' increases.)  
 
3. I am not asking for an 'opinion'.  I am asking for a factual statement. Does the equipment I 
have specified comply with CURRENT DWP POLICY? This is not a matter which the DWP can 
lawfully delegate to the whim of a subcontractor. But if a subcontractor is supposed to be able to 
answer the question in any individual case, so can the DWP, on whose behalf the answer is 
supposed to be given. (Information is held by a public authority if it is held by another person on 
behalf of the authority.) 
 
4, Timing. It is highly material that claimants should be able to know well in advance of any 
potential medical assessment what equipment will satisfy DWP policy.  By the time the 'booking 
process' for such an assessment commences there may very well be insufficient time for a 
claimant to order such devices from any online store or otherwise obtain them at all. This makes 
a Freedom of Information Act enquiry on the subject particularly appropriate. 
 
5. I am entitled to a response in writing under the Freedom of Information Act. I require the DWP 
to respond by email to the WDTK site. The written confirmation of policy in respect of the 
individual, particular, equipment I have specified here cannot be obtained elsewhere.  
 
6. It is irrelevant to refer to such minimal hard copy information as the DWP produces, or to any 
website maintained by or on behalf of the DWP. The recorded factual information I require is not 
written there.’ 
 
In response, the Freedom of Information (FoI) Act provides access to information held by a 
public authority at the time of the request. As already stated, DWP does not keep 'lists' of 
'approved equipment. The Act does not require the creation of new information solely in order to 
respond to an FoI request, therefore we can only confirm that the Department holds no recorded 
information showing the equipment you note as being approved or not. 
If you have any queries about this letter please contact me quoting the reference number above.   
 
Yours sincerely 
 
Business Management Team 
Health & Disability Assessments (Operations) 
xxx.xxxxxxxxxxxxxxxxxxxxxxxxxxxxx@xxx.xxx.xxx.xx 
 
 
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Your right to complain under the Freedom of Information Act 
 
If you are not happy with this response you may request an internal review by e-mailing freedom-of-information-
xxxxxxx@xxx.xxx.xxx.xx or by writing to DWP, Central FoI Team, Caxton House, Tothill Street, London, SW1H 
9NA. Any review request should be submitted within two months of the date of this letter.  

 
If you are not content with the outcome of the internal review you may apply directly to the Information 
Commissioner’s Office for a decision. Generally the Commissioner cannot make a decision unless you have 
exhausted our own complaints procedure. The Information Commissioner can be contacted at: The Information 
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF www.ico.gov.uk