"The process relating to recording of medical assessments is currently being reviewed by
DWP and Atos; the Commercial Management of Medical Services team is responsible for
this activity. In the interim a temporary arrangement is in place to enable customers to
request an audio recording. This request should be made through the Jobcentre Plus
office that administers your claim (who will be responsible for making the arrangement);
and should also be stated on the IB/ESA50. The request for a recording should not delay
the arrangement of a medical assessment. Medical Assessment recordings will be made
on a dual tape machine, with one copy being given to the customer and one being retained
securely on a customers file within the DWP.
PDF version Both recordings would have to be the same as the client is given a tape also. I need to remind you that this is the standard way of recording interviews should you be arrested or be subject to an interview under caution by the Department for Work & Pensions. Any tampering by the DWP would be subject to the criminal law and the individual that were to undertake such tampering, personally liable under the criminal law also.
Personally, I believe this is probably the best way to address this isssue with both parties being given a copy of the interview.
The issue that existed before was, that if claimants were only recording the interview, it could be manipulated by the claimant.
Using established protocols for recording interviews in this manner protects both claimant and the DWP. Of course this allows the recording to be used as evidence in any appeal that may arise.
Any allegation of tampering therefore would be very serious indeed.
I wanted to get more information on the process of recording medicals as it is currently a 'pilot'. There are some constraints. I would draw you attention to the document especially point 4 about disclosing names and point 6 about the ability to record all medicals. There are linked documents for download that cover for example 'unauthorised recording'.
DWP Department for
Work and Pensions
Commercial Directorate
Commercial Management of
Medical Services
North Fylde Central Office
DWP.MEDICALSERVICESCORRESPONDENCE@DWP.GSI.GOV.UK
Date: 07 December 2010
Our ref: F011739-3174
Dear
Thank you for your Freedom of Information request that was received on 9 November·
2010 which i am responding to in my role as Department for Work and Pensions (DWP)
Commercial Management of Medical Services (CMMS) Freedom of lnformation Officer.
You asked to be provided with an expansion of the protocol and process for staff involved
to follow in the recording of medical assessments.
First I must update you on the current position relating to the recording of medical
assessments.
In his report on the Work Capability Assessment Professor Malcolm Harrington
recommended that Atos Healthcare and DWP undertake a pilot to record assessments in
2011. The Government has accepted that recommendation and DWP is currently working
- with Atos Healthcare to undertake a pilot in the first quarter of 2011. The pilot is still in the
design and planning stage so I am unable to give you further information at this stage, and
the information is therefore exempt for release under Section 22 of the Freedom of
Information Act as it is due for future publication. We will forward a copy of the guide to
you on its completion. In applying this exemption DWP has balanced the public interest in
withholding the information against the public interest in disclosing the information and
consider there is no overarching public interest argument in favour of releasing this
information.
However, specifically to answer your questions:
1. Is there a cost to:the Claimant? We do not expect there will be a cost implication to
the Claimant.
2. Security of Tapes? The details have not yet been finalised.
3. Should all parties disclose their names for identification on the tape? All parties will
be expected to disclose their names. However we intend to allow customers to opt
out of the pilot.
4. What are the legal implications of an "ATOS medical practitioner" wanting to
remain anonymous on the tapes? It is a contractual requirement for Healthcare
Professionals (HCP) to identify themselves at the start of a medical assessment,
unless it is agreed with DWP prior to the assessment and it is recognised that there
are exceptional circumstances as to why they should not be identified e.g. for the
safety of the HCP. While the details of the pilot have yet to be agreed this will
remain a contractual requirement.
6. Please respond to the original request in full, even if it is with a temporary process,
indicating when a new process is likely to be implemented?
As noted earlier in my response, the pilot is still in the design and planning stage
so I am unable to give you further information at this stage, and the information is
therefore exempt for release under Section 22 of the Freedom of Information Act
as it is due for future publication. We will forward a copy of the guide to you on its
completion. In applying this exemption DWP has balanced the public interest in
withholding the information against the public interest in disclosing the information
and consider there is no overarching public interest argument in favour of releasing
this information.
Unfortunately the temporary measures can not be extended to all medical
assessments due to the availability of equipment and operators. Until the pilot in
2011 has been concluded and evaluated Atos Healthcare has reverted to their
earlier policy on recording assessments.
With regard to the existing policy on recording of assessments
Please find enclosed extracts (paras 4.1.3 and 4.1.4) from the Employment and Support
Allowance (ESA) and the Incapacity Benefit Handbooks for Approved Health Care
Professionals, the Update to Standard 5/2000 Audio or Video Taping of Assessments and
the Update to Standard 51/2009 - Recording of Assessments. The current guidance is
contained in Update to Standard 51/2009 but this is currently under review.
The information supplied to you continues to be protected by the Copyright, Designs and
Patents Act 1988. You are free to use it for your own purposes, including any noncommercial
research you are doing and for the purposes of news reporting.
Any other re-use, for example commercial publication, would require the permission of the
copyright holder. Most documents supplied by DWP will have been produced by
government officials and will be Crown Copyright. You can find details on the
arrangements for re-using Crown copyright on HMSO Online at:
http://www.hmso.gov.uklcopyrightllicences/click-use-home.htm
If you have any queries about this letter please contact me quoting the reference number
above.
Yours sincerely'
Freedom of Information Officer
Your right to complain under the Freedom of Information Act
If you are not happy with this response you may request an internal review bye-mailing
freedom-of-information-request@dwp.gsi.gov.uk. or by writing to DWP, Central Fol Team,
S"' Floor The Adelphi, 1-11, John Adam Street, London WC2N 6HT. 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 SAF www.ico.gov.uk
Jobcentre Plus
Audio Recording of Medical Assessments Pilot
On 21 March 2011 a pilot to assess the potential value of audio recordings of medical assessments starts at Newcastle Medical Examination Centre, lasting for four to six weeks and involving a maximum of 500 ESA customers
Click here for the Jobcentreplus advisory (via rightsnet.org in MS Word Format)
Click here for the advisory in .pdf format which you can view using Adobe Reader (Free).
understand that the process relating to recording of medical
assessments is currently being reviewed by DWP and Atos.
1. When will this review be completed?
2. Will the outcome of the review be made public and, if so, when and how?
3. Are customers permitted to record their own medical assessments and, if not, why not?
http://www.whatdotheyknow.com/request/recording_of_medical_assessments#i...
DPAC - Disabled People Against the Cuts have posted the following news item -
"passing on an important message about Work Capability Assessments
6th Feb 2012
Posted on this site here http://benefits.tcell.org.uk/forums/atos-origin-complaints-procedure-revealed-wwwbenefitsandworkcouk#comment-18278
I have copied the post below as it explains a recording of an assessment.
I am grateful to the person who posted this as it will help many with its clarification.
"
After two medical assessments with ATOS, from which the reports were laden with inaccuracies, falsities and ambiguities; I am at a loss why any self respecting medic would compromise their professional and personal integrity by working for them. Honest work it is not!
After my first assessment, I was so distraught by the report where the assessor completely contradicted what she had told me in the assessment, that I forced myself back to work, determined to have nothing more to do with them.
Unfortunately, after 18 months my health suffered gravely and I could no longer carry on. The second medical assessment and report were ridiculously unprofessional and in my opinion (as a medic myself) bordered on negligent!
Having been granted (my due!) ESA benefits on appeal, I am now due a third repeat ESA assessment this week. A formal necessity, it is otherwise a complete waste of time and tax payer money.
However, I hasten to add that after insisting on recording my assessment, I have now been told that we are indeed entitled to a recorded session, whereby the client is given an immediate copy (upon which, i will check asap is not a blank one!!). I would urge everyone to request this.
The overall irony is that this whole shambolic process has been and is now the biggest influencing factor in my poor health and if I had been granted the reasonable time to return to acceptable health at my initial assessment 3 years ago, I would probably be working now and not having to claim benefit!
After reading some of these posts, I've made the decision to make formal complaints to my local MP and to ATOS and would consider a complaint against the individual assessor to the appropriate professional body. That is of course as soon as I feel well enough... do they have a time limit on the complaints procedure? Perhaps this is their plan.... it's very easy to bulldoze sick people who can't quite defend themselves.... one day many of them will get better!"
Today 22 Feb 2012 Iwent for an assesment with Atos Healthcare. Prior to this i was of course sent a letter on the letter it states all you have to bring is the letter as proof of identity and if you have any other concerns to contact them. One of my concerns was would i be seen by a doctor. So i rang them up and asked the question to be told yes you will be seen by a doctor. On ariival i was taken into the waiting room where i signed a form not sure why I was then called in by a young lady who informed me she was a nurse. Itold her i had rang about this and that i would be seen by a doctor. She said there are no doctors here today but if i would like to see one that could be arranged even offered me the choice of a male or female I said it didnt matter to me. She asked me to go into the waiting room whilst the receptionist arranged it. Whilst siiting in the waiting room the phone rang and after a quiet conversation she said in a loud voice so i and anyone else in the room could hear YES HE REFUSED the receptionist then came out to me and said. The doctor has just informed me there is no reason for you to see a doctor. I then how does he know I asked is the nurse qualified to assess someone with mental health problems (the reason i am off sick )To be told yes she is fully qualified. I then said well that being the case i will see the nurse only to be told that nurse is no longer available ?? this was all in the space of 5 miniuts and considering i went in 10 mins before my appointment time she was telling me the nurse was not available 5 mins before my due time. It is nothing but a sham. I have written to Atos but do not hold out much hope of seeing a doctor. I have attempted to speak with the DWP only to be told i have to go through ATOS ??. Through this site i am now a bit more informed. One thing i will do is make sure any exam will be recorded.
I could be wrong but I understand that the only requirement placed on the person undertaking a Work Capability Assessment is that they meet the criteria set down by the Secretary of State and are a Health Care Practioner. This incuded doctors and nurses. That they gave you a choice of itself seems to be interesting. The only change I would have thought you could have made is if you were seen by a male or female.
Even though you have been directed to ATOS, I find its good practice to copy any complaint, and this seems a complaint to me, to the DWP as well.
Good luck with it.
I have spent time speaking to ATOS today and I am advised that ATOS will provide tripple recording equipment IF REQUESTED.
I was enquiring re a home visit and yes they will record 3 copies
one for them
one for me
one for DWP
There is NO charge for this and when asked this is also available for assessments on their premises.
You have to ask!
They are keeping quiet about this, but I believe this only started last week.
Audio recording pilot
In his year one review Professor Harrington recommended piloting the audio recording of face-to-face assessments. The Department commissioned Atos to run a small pilot which was undertaken in the spring 2011. The findings are in the following report (published here in April 2012).
"Medical Assessment recordings will be made on a dual tape machine, with one copy being given to the customer and one being retained securely on a customers file within the DWP. "
So they can tamper with it to match the tainted data they recorded on the computer?