Atos assesments (or other companys now used)

[Name Removed] (Account suspended) made this Freedom of Information request to Department for Work and Pensions

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[Name Removed] (Account suspended)

Dear Department for Work and Pensions,

I would like the following under the Freedom of Information Act 2000.

The following relates to all interviews or medicals carried out by Atos or any other company that carries out a simmilar role in assessing a person for the DWP.

A, Does this company (or any used by the DWP) need the persons/individuals consent when at an interview/ medical to proceed with that medical/assesment/interview call it what you will to divulge their personal and private health issues?

B, If consent is needed and not given and the assesment/interview terminated is the file then handed back to a "Decission Maker" (or whatever they are called now) at the DWP?

C, If the person has such a disability they cannot attend one of your "assesment centres" can they ask for a domicilary hearing?

Yours faithfully,

I. White © ™

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DWP Health Services Correspondence, Department for Work and Pensions

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Dear I. White,
 
Please see our response to your recent Freedom of Information request.
 
Yours sincerely
 
Correspondence Team |Business & Strategy Management Division | Health
Services Directorate | Finance Group | Department for Work and Pensions |
Green Zone 2nd Floor, West Wing, Phase 2 | Peel Park | Brunel Way |
Blackpool | FY4 5ES |
 
 
 

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[Name Removed] (Account suspended)

Dear Department for Work and Pensions,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Department for Work and Pensions's handling of my FOI request 'Atos assesments (or other companys now used)'.

With all due respect you have not answered my original question can a person refuse to consent and if NOT what law (not Act) applies please answer the question that was asked not what yuo want to answer..

Is consent needed?

And if so please provide which law under?

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/a...

Yours faithfully,

[Name Removed]

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DWP Health Services Correspondence, Department for Work and Pensions

1 Attachment

Dear [Name Removed],
 
Please see our response to your recent Freedom of Information Review
request.
 
Yours sincerely
 
Correspondence Team |Business & Strategy Management Division | Health
Services Directorate | Finance Group | Department for Work and Pensions |
Green Zone 2nd Floor, West Wing, Phase 2 | Peel Park | Brunel Way |
Blackpool | FY4 5ES |
 
 
 

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[Name Removed] (Account suspended)

Dear DWP Health Services Correspondence,

Dear DWP

Once agin you avoid the question if consent with Atos (or any other like company) needs consent.

It is my contention that within the UK and under Common Law which we all stand no person can be "forced" to do anything against their will regardless of previous signitures.

You may see these signituresas part of the benefit process, however no such signiture or ssurance is required from the tax payer when contributing into the system.

For clarity I will try once more to clarify my request, to enter into any sort of contractual agreement consent from BOTH sides is required.

I f this consent is "FORCED" it no longer is consent but a threat, which then becomes the remit of the police as a criminal offence.

I ask again if the DWP is refused "consent" by the individual no contract is created therefore no contract exists.

You cannot have it both ways...take money indiscriminately from peoples wages/pay packet then add caveats to ensure they are restricted from claiming any such INSURANCE back!

Or am I incorrect is it not called National Insurance anymore?

The question stands ...can you penalise any person,sex,colour or eligion for not consenting to something they do not wish to do so to? This as i said earlier would be FORCE and put the DWP/GOV in contravention of various ECHR statutes.

Do the DWP feel they are above the law of the land and can use threats of withholdment without ANY persons consent?

As a society we are (at least now) free to make our own choices, is consent one of those legal choices an individual can make?

Yours sincerely,

I. White (copyright/ trademark)

Alf Denning left an annotation ()

Ian,
People do need to provide their consent to be examined by the HCP (now Maximus). They are perfectly entitled to refuse consent but as with any exercise in rights there are consequences in refusal. The requirement to attend and submit to a medical examination is a statutory requirement if someone wishes to qualify for ESA.

If someone refuses consent to be examined they fail to attend / submit to a medical examination and therefore cannot qualify for ESA.

The Welfare Reform Act 2007 states:
(4) Regulations under subsection (1) may include provision—
(a) for a person to be treated as not having limited capability for work if he fails without good cause—
(i) to provide information or evidence which he is required under
such regulations to provide,
(ii) to provide information or evidence in the manner in which he is
required under such regulations to provide it, or
(iii) to attend for, or submit himself to, a medical examination for
which he is called under such regulations to attend;

ESA Regulations have been made to prescribe exactly this.

So it's quite simple if someone won't consent to a medical examination they can't claim ESA. Their choice and their consequence.

[Name Removed] (Account suspended) left an annotation ()

Thanks for the clarification it would have been so much simpler if Atos had responded like that.

My argument was that if you with held conset yet attended as you felt the person making the decission was not qualified enough to assertain your correct health position, are they (atos in this case) not obliged to return it to the DWP for them then to get any such information off your GP/consultant who are qualified to assess you.

Equally if you refuse consent to a stranger and they remove your DLA/PIP/JSA etc have you not the right to appeal?

Alf Denning left an annotation ()

Ian,
In respect of HCP being qualified to assess people this is also covered by the Welfare Report Act 2007. It defines a HCP as:
(8) In subsection (7), “health care professional” means—
(a) a registered medical practitioner,
(b) a registered nurse,
(c) an occupational therapist or physiotherapist registered with a regulatory body established by an Order in Council under section 60 of the Health Act 1999 (c. 8), or
(d) a member of such other profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 (c. 17) as may be prescribed.

Other legislation makes reference to “healthcare professionals approved by the Secretary of State” in respect of carrying out medical examinations. HCP are approved if they are as defined above and have completed the training courses run by Atos (and no doubt by Maximus going forwards)

In terms of “being qualified” to carry out WCA, the definition and training described above makes them qualified for the purposes of law. The DWP does have a list of Neurological conditions that require a Doctor to carry out the WCA of anyone suffering with them but I don’t believe this is defined anywhere in law. This means that people can’t simply claim that HCPs are qualified to carry out their WCA. If someone tries this argument they will be held to have refused to submit to a medical examination and found not to be eligible for ESA.

The only chink of light is that a Tribunal held that the evidence of a physiotherapist (i.e. their medical report) in respect of mental health conditions isn’t worth very much as they are not trained in this area as part of their physiotherapy degree.

One approach might be for a claimant to state on their ESA questionnaire that they believe that a specific type of HCP (e.g. a Doctor) should be assigned to their HCP and give reasons.

In respect of evidence that remains a matter for the claimant to supply. Rightly or wrong the DWP will not seek evidence from consultants or other specialists.

If your ESA is terminated you do have a right to appeal but I don’t know how successful you would be with your argument. You probably stand a better chance letting the HCP do the WCA and then argue that their evidence (medical report) is flawed. This is the argument mentioned above in respect of Physios and mental health.

[Name Removed] (Account suspended) left an annotation ()

Thanks again this is what I based my request as the HCP clearly states that if consent is not given the file goes back to the DWP who then contact your GP/ consultant which in my opinion they should do to begin with and not let someone who has done a course ran by the biased Atos (or whoever) make decissions that in many cases change peoples lives forever if not end them!

Please watch this video

https://www.youtube.com/watch?v=R4WkZ7Gy...

Alf Denning left an annotation ()

Ian,
I fear you may have been misled.

That's not a process that I recognise or have seen written down anywhere. If Atos/Maximus return the file to the DWP and mark it failed to attend or failed to submit then the decision maker will ask the claimant to submit good cause for their refusal.

I don't believe that the DWP contact your GP/Consultant at all. It is the responsibility of the HCP (Atos & now Maximus) to request evidence from the GP at an earlier stage in the process (i.e. before the WCA has been scheduled) as it is used to determine if a WCA is actually required.

Regardless of personal opinions the law of the land is that HCP carry out medical examinations (WCA) on behalf for the Secretary of State in order to determine eligibility for benefits such as ESA. The is no provision for WCA to be carried out by GP/Consultants.

You are allowed to submit reports from GP/Consultants and that will be considered by HCP & DWP Decision Makers just like any other evidence.

Are you aware of the WCA handbook? You can find it here:
https://www.gov.uk/government/publicatio...

[Name Removed] (Account suspended) left an annotation ()

Thanks I will read it, ps its not for me just like many don't remember having to consent or undergo and such work assesment medical to pay tax and NI.

DWP Health Services Correspondence, Department for Work and Pensions

1 Attachment

Dear [Name Removed],
 
Please see our response to your recent Freedom of Information Review
request.
 
Yours sincerely
 
Correspondence Team |Business & Strategy Management Division | Health
Services Directorate | Finance Group | Department for Work and Pensions |
Green Zone 2nd Floor, West Wing, Phase 2 | Peel Park | Brunel Way |
Blackpool | FY4 5ES |
 
 
 

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