ESA Documents

B Black made this Freedom of Information request to Department for Social Development (Northern Ireland)

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was partially successful.

Dear Department for Social Development (Northern Ireland),

Please treat the following as an FOI request.

Documents have been produced as part of a programme for health care professionals to carry out medical assessments as Disability Analysts.

Would you please be so kind as to supply a copy of each the following as used by Disability Analyst/Health Care Professionals with the following Ref. no(s)/codes:

MED S2 CMEP 0018
MED S2 CMEP 0059(a)
MED S2 CMEP 0059(b)
MED S2 CMEP 0054
MED cmep~0085 v1
MED CMEP~0085a v1
MED-CMEP~0096 V1
MED-CMEP~0096(b) V1
MED-CMEP~0096(d) V1

Yours faithfully,

B Black

Jason left an annotation ()

There are also documents -

MED/S2/CMEP~0055 (c)

MED/S2/CMEP~0055 (e)

Perhaps they have a different name and you have them covered.

I will look forward to their reply on this.

Jason left an annotation ()

There are also documents -

MED/S2/CMEP~0055 (c)

MED/S2/CMEP~0055 (e)

Perhaps they have a different name and you have them covered.

I will look forward to their reply on this.

Dear Department for Social Development (Northern Ireland),

POLITE REMINDER

By law you should have responded by now to my FOI request.

Could you please give this matter your attention.

Yours faithfully,

B Black

Directorate Support, Department for Social Development (Northern Ireland)

Dear Mr Black

 

I am writing to acknowledge your recent communication dated 19^th October
in relation to your FOI query.

 

A response will be issued to you as soon as possible.

 

 

Jim McCleary

 

Directorate Support Office

4th Floor, Riverside

James House

Gasworks Business Park

Belfast

BT7 2JA

 

Tel:  02890819155 (37155)

 

Email: [email address]

 

 

Directorate Support, Department for Social Development (Northern Ireland)

4 Attachments

Dear B. Black,

 

Please find attached reply with regard to your recent request for
information.

 

 

Regards,

 

Pauline McCarney

Directorate Support Office

4th Floor, Riverside

James House

Gasworks Business Park

Belfast

BT7 2JA

 

Tel:  02890819158 (37158)

Email: [1][email address]

 

 

References

Visible links
1. mailto:[email address]

Dear Department for Social Development (Northern Ireland),

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

I am writing to request an internal review of Department for Social Development (Northern Ireland)'s handling of my FOI request 'ESA Documents'.

I believe your decision to withhold this information was wrong and this information should have been made available for public scrutiny.

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

Yours faithfully,

B Black

FOI, Department for Social Development (Northern Ireland)

1 Attachment

Dear B. Black

 

Please find attached, acknowledgement of your request for an Internal
Review.

 

 

 

Joe Smyth

Department for Social Development

FOI Team

Records Management Branch

Lighthouse Building

1 Cromac Place

Gasworks Business Park

Ormeau Road

BELFAST

BT7 2JB

 

Internal extension: 38131

Tel: 02890 829131

 

 

 

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Directorate Support, Department for Social Development (Northern Ireland)

3 Attachments

  • Attachment

    263 MED CMEP 0085 Mental Illness Current Therapeutics and Management Version 5 Final.PDF.pdf

    525K Download View as HTML

  • Attachment

    265 MED CMEP 0096 V4 Final Assess of Mental State and Cognitive Function Generic 0 5 day TB 2.PDF.pdf

    639K Download View as HTML

  • Attachment

    2013 12 Internal Review FOI Black.DOCX.docx

    70K Download View as HTML

Dear B Black

Please see attached in relation to your recent Internal Review request.

Regards

Pauline McCarney | Directorate Support Office | 4th Floor James House | Gasworks Business Park | Cromac Avenue | Belfast | BT7 2JA |

( 02890 819158 ǁ DD 37158

3 [email address]

 Please consider the environment before printing this email

Dear Directorate Support,

Before I ask the Commissioner to look at my request to yourself. Would you like to look at your decision again as I believe you have erred under the FOI legalisation.

Yours sincerely,

B Black

Directorate Support, Department for Social Development (Northern Ireland)

Dear B Black

In order for me to provide a response to your email below, can you please provide further clarification as to which decision you are referring to?

Regards

Pauline

Pauline McCarney | Directorate Support Office | 4th Floor James House | Gasworks Business Park | Cromac Avenue | Belfast | BT7 2JA |

( 02890 819158 ǁ DD 37158

3 [email address]

 Please consider the environment before printing this email

show quoted sections

Dear Directorate Support,
MED S2 CMEP 0018 redacted information
MED S2 CMEP 0059(a) redacted information
MED S2 CMEP 0059(b) not released
MED CMEP~0085a v1 not released

I was asking you to reconsider releasing the above documents you have refused to release or redacted. My reasons and argument is as follows:

I believe you have misinterpreted Section 43 of the Freedom of Information Act 2000 and it should not apply in this case as these documents profoundly affect the success or failure of an individuals outcome of receiving Employment and Support Allowance. This appears to be an unusual decision considering that Government Ministers have stated the new Employment and Support Allowance is to be an 'open and transparent process' as it affects the most vulnerable people in society.

I believe that you have incorrectly used Section 43 of the Freedom of Information Act 2000 to withhold these documents which contain both detailed and pre-conceived ideas of how disability affects a person. By withholding these documents an individual cannot be certain they have been treated fairly unless they are certain the tests themselves are correct and fair and can withstand public scrutiny; nor can they have a fair appeal process as any Tribunal would also not have access to information on how the person was tested and was that test was itself fair.

The information you have decided to withhold contains pre-conceived ideas and medical opinions of any given disability and are used to instruct, teach, assist and inform Health Care Professionals (HCP) how an illness affects an individual. The HCP's opinion is then used to advise a Decision Maker (D.M) how that individual illness or disability affects their ability to work as the D.M is a clerical role and they have no medical experience whatsoever and rely on the HCP to form their Decision. A HCP is a Doctor, Nurse or Physiotherapist (no Physiotherapists in Northern Ireland) and they are trained and guided by these documents.

For example an HCP may have worked for 25 years as a Midwife and her only contact with disability in 25 years was a Down's Syndrome patient and 2 paraplegics patients. She is now a retired Midwife and has been recruited as an H.C.P. Her training involves a short training course (usually a few weeks) and mainly consists of role-playing with her peers and reading and learning from the above documents. Following her brief period of virtual training and role play, she is now considered a fully trained HCP and uses these guides on a daily basis as her definitive understanding of complex and varying disabilities. She will now go on to examine 100's of claimants with many hundreds of different and varying disabilities and will refer to these above documents to form her opinion and report-making regarding these disabilities which, until her short HCP training course, she had no previous experience of. Therefore if these documents are wrong or inaccurate her medical opinion will be also wrong.

HCP's rely on these documents when they are assessing an individual's disability, especially when they have no previous experience or knowledge of that individual's particular disability except for what they have read about the disability from these documents. Therefore if the documents contain incorrect information, omissions or a typographical errors the individual may be incorrectly assessed.

Therefore it is imperative these Assessment Techniques and Analytical Guidance documents are released to show transparency in the decision making process and to allow an individual, organisations, legal representatives and charities to challenge and provide corrections to the
pre-conceived ideas on how a given illness affects an individual that is contained in these documents so that errors can be corrected and improvements to the benefit in question can be made.

Therefore I would again request you release the above documents to allow transparency, public scrutiny and insight into the Medical Assessment Process carried out on behalf of your department to establish entitlement of Employment and Support Allowance.

Yours sincerely,

B Black

McCleary, Jim, Department for Social Development (Northern Ireland)

1 Attachment

Dear B Black

 

Please see attached acknowledgement of your recent email.

 

Regards

 

 

 

Jim McCleary

 

Directorate Support Office | 4th Floor James House | Gasworks Business
Park | Cromac Avenue | Belfast | BT7 2JA |

 

02890 819155 ǁ DD 37155

 

[1][email address]

 

 

References

Visible links
1. mailto:[email address]

Directorate Support, Department for Social Development (Northern Ireland)

1 Attachment

Dear B Black

 

Please see response in relation to your recent request for a review of the
response to your FOI query.

 

Regards

 

 

 

Jim McCleary

 

Directorate Support Office|4th Floor, Riverside|James House|Gasworks
Business Park|Belfast|BT7 2JA

 

(:  02890819155 (37155)

8: [email address]

 

 

 

 

Dear Directorate Support,

Thank you for your response.

As I disagree with it, I have today asked the ICO to look into the matter.

Yours sincerely,

B Black

Directorate Support, Department for Social Development (Northern Ireland)

3 Attachments

  • Attachment

    DSD2013 0248 B Black Final response to FOI request following ICO.pdf

    35K Download View as HTML

  • Attachment

    Redacted 34 EBM MH Distance Learning MCQ Answer Sheet v 5 Final.PDF.pdf

    34K Download View as HTML

  • Attachment

    Redacted 263a MED CMEP 0085 a Mental Illness Current Therapeutics and Management Version 3 Final.PDF.pdf

    39K Download View as HTML

Dear B Black

 

Following your complaint to the ICO, please find attached final response
to your FOI request and documentation requested in a redacted form.

 

Kind Regards,

 

 

Jim McCleary

 

Directorate Support Office | 4th Floor, Riverside | James House | Gasworks
Business Park | Belfast | BT7 2JA

 

(:  02890819155 (37155)

8: [email address]