Can you demand that your ESA /PIP assessment be recorded ?

Trudy Baddams made this Freedom of Information request to Department for Work and Pensions

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The request was partially successful.

Dear Department for Work and Pensions,
Can you confirm that it is the claimants right to have Work Capability Assessment for ESA recorded? If not can you explain why not?

Can you confirm that it is the claimants right to have Work Capability Assessment for Universal Credit recorded? If not can you explain why not?

Can you confirm that it is the claimants right to have PIP assessment recorded? If not can you explain why not?

Yours faithfully,

Trudy Baddams

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no-reply@dwp.ecase.co.uk on behalf of DWP Health Services Correspondence, Department for Work and Pensions

1 Attachment

Dear Trudy Baddams,

I am writing in response to your request for information, received 24th
January.

Yours sincerely,

DWP Central FoI Team

J Roberts left an annotation ()

Latest from the UT:

http://www.bailii.org/uk/cases/UKUT/AAC/...

'3. To be more precise, this is a case about whether an audio-recording (and the associated transcript) of a consultation with a health care professional for the purposes of personal independence payment should be admitted in evidence by the First-tier Tribunal'

'40. If there is any dispute as to what was said at the HCP appointment, then in principle relevant evidence should be admitted even if it was obtained in what might be regarded as an underhand fashion (as to which, I repeat, I make no finding).If the HCP did indeed agree to the consultation being tape-recorded, then of course any objection on the grounds of unfairness necessarily fall away.

'42. None of this should be taken as suggesting that the Appellant’s transcript is the magic bullet that proves his case. It may be that the observations and findings as set out in the HCP’s report are sustainable by way of direct or indirect inference from the conversation that took place. However, those are issues of fact for the next FTT to determine.'