WCA - Surreptious evidence gathering

The request was successful.

Dear Department for Work and Pensions,

Within an assessment, are Atos HCPs permitted to consider evidence other than information provided by the claimant (either during the WCA or previously, perhaps via DWP) and if so precisely what?

Can Atos use any methods it sees fit to gather information about a claimant? If not, what constraints does DWP impose?

Specifically, could Atos use CCTV or audio recordings obtained without the claimant’s knowledge?

Yours faithfully,

J Newman

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

This is an automated confirmation that your request for information has
been received at the DWP Central FoI Team.

We will forward your request to the relevant information owner within the
Department who will respond to you direct. 

Should you also have any further queries in connection with this request
do please contact us.

For further information on the Freedom of Information Act within DWP
please click on the link below.

[1]http://www.dwp.gov.uk/freedom-of-informa...

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References

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

1 Attachment

Dear J Newman

Please see attached response to your FoI request 1240

Kind regards

DWP Central FoI Team

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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 'WCA - Surreptious evidence gathering'.

Q1: I understand that an HCP must consider anything provided by DWP, anything provided by the claimant and may send Forms ESA113 or FRR3 to the claimant’s medical advisors. However my question was about their use of OTHER data they may have at their disposal?

I am aware that Decision Makers are encouraged to be imaginative, creative and proactive with the techniques they employ to make an ESA decision and I would like to know if the same philosophy is applied to HCPs and how it might then manifest itself.

Q3: I understand that the DM makes the ESA decision, but the HCP’s makes a recommendation. Could CCTV footage from ANY source be used by the HCP to formulate this recommendation? If not, where is the instruction to this effect contained – it is not covered in the WCA Handbook?

I have raised this as an IR as the other communication methods are unreliable.

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

Yours faithfully,

J Newman

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

This is an automated confirmation that your request for information has
been received at the DWP Central FoI Team.

We will forward your request to the relevant information owner within the
Department who will respond to you direct. 

Should you also have any further queries in connection with this request
do please contact us.

For further information on the Freedom of Information Act within DWP
please click on the link below.

[1]http://www.dwp.gov.uk/freedom-of-informa...

show quoted sections

References

Visible links
1. http://www.dwp.gov.uk/freedom-of-informa...

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

Our Ref: 3203-IR238

Dear Mr Newman,

Thank you for your email dated 18 April 2012 that was received by
Department for Work and Pensions (DWP) Adelphi that day and forwarded on
19 April to the DWP Medical Services Contracts Correspondence Team
(MSCCT) to respond to.

As DWP MSCCT Freedom of Information Internal Reviewing Officer, I have
read your letter and accepted this as a request for an Internal Review
of FOI reference 3048-1240 dated 18 April 2012.

I have therefore conducted a full investigation into your original
request to check that the information previously supplied to you,
clearly and accurately answered your request. I have also reviewed any
decisions to withhold information and in doing so I have fully
considered the public interest in disclosure.

In your email you asked to be provided with information answering the
following questions:-

I am writing to request an internal review of Department for Work and
Pensions's handling of my FOI request 'WCA - Surreptious evidence
gathering'.

Q1: I understand that an HCP must consider anything provided by DWP,
anything provided by the claimant and may send Forms ESA113 or FRR3 to
the claimant's medical advisors. However my question was about their use
of OTHER data they may have at their disposal?

I am aware that Decision Makers are encouraged to be imaginative,
creative and proactive with the techniques they employ to make an ESA
decision and I would like to know if the same philosophy is applied to
HCPs and how it might then manifest itself.

Q3: I understand that the DM makes the ESA decision, but the HCP's makes
a recommendation. Could CCTV footage from ANY source be used by the HCP
to formulate this recommendation? If not, where is the instruction to
this effect contained - it is not covered in the WCA Handbook?

The response to FOI 3048-1240 provided you with a link to the Work
Capability Assessment Handbook where there is information at page 40
regarding data to be used as further medical evidence.

With regard to CCTV footage, I can confirm that a HCP would not use
footage from any source to formulate their recommendation.

In reviewing your request I uphold the decision of the Freedom of
Information Officer dated 18 April 2012 in part and have added
information where appropriate. I am therefore satisfied now that all the
information that DWP are able to supply to you has been supplied.

If you have any queries about this letter please contact me quoting the
reference number above.

Yours sincerely,

DWP Central FoI Team

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Your right to complain under the Freedom of Information Act
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

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

1 Attachment

Dear Mr Newman,

Please see response to your internal review request.

Kind regards
Central foI Team

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