News

A campaigner has won an admission from the DWP that you can now ask for your employment and support allowance medical to be recorded for you at no cost. The statement, made in a DWP Freedom of Information Act response, reveals that Atos should make the recording and provide you with a copy. It is not yet clear, however, whether this will apply to disability living allowance medicals.

Harringt​on
Back in September 2010 we asked Benefits and Work members to email Professor Harrington, the independent reviewer of the work capability assessment, and ask for the right to record your employment and support allowance medical. Many of you did so. As a result, one of the recommendations of the first Harrington report was that there should be a trial of audio recording work capability face-to-face assessments.

The trial was carried out, but the results have still not been published and a final report is not due out until the summer, at the earliest.

Freedom of Information
However, campaigner Paul Smith has mounted a long running campaign via the Freedom of Information Act to win rights for claimants from the DWP and Atos. In a request dated 20 December 2011, Smith asked a number of questions, including:

“​4)Why was the pilot study into the recording of Atos WCA assessments conducted using handheld digital recording devices when claimants are told they cannot record their assessments unless they have a professionally calibrated twin deck machine operated by a professional sound engineer, If a handheld digital recording device is OK for Atos why cannot the claimant use the same device for recording their own assessmen​t?”​

The response by the DWP was that:

“​In answer to Q 4 the use of hand held machines was a pilot scheme. The pilot scheme was designed to test the concept of their use rather than the equipment. Provision is currently available for the recording of assessments upon request by the claimant to the office which administers the claim for benefit and Atos Healthcare. In these circumstances, Atos Healthcare will provide the requisite audio recording equipment, which will provide each party with a recording of the medical assessmen​t.”​

This is the first time that the availability of this option has been disclosed by the DWP. However, confirmation appears to have come from employment minister Chris Grayling who, in a private members debate about the work capability assessment on 1 February 2012, stated:

“​On audio recording, we will offer everyone who wants it the opportunity to have their session recorded. We decided not to implement universal recording because, based on the trial experience, people did not want it. Few people wanted their sessions recorded, and some said that they definitely did not. We decided therefore to offer recording as an option to those who want it. That seems entirely sensible.”​

It is worth noting that the DWP are still claiming elsewhere that no decision has been made on recording medicals. In addition, Grayling appears to be speaking in the future rather than the present tense, whereas the DWP letter states that the provision to record medicals already exists.

DLA medicals
It is not clear whether DWP/Atos are adopting a similar policy towards DLA medicals. Where the medical is carried out at a medical assessment centre it is difficult to see how they could reasonably argue that DLA claimants should not be treated in the same way as ESA ones. However, the majority of DLA medicals are still carried out in the claimant’​s home and the DWP may argue that it is not practical to issue sessional doctors with recording devices for home visits.

Other questions
There are still a number of other outstanding questions, including:

Will Atos health professionals be allowed to refuse to be recorded and thus prevent a recording being made?
Will the recordings be on cassette tape, given that few people still have cassette recorders in their homes to play back the tape.
Will claimants be allowed to make an additional recording using their own digital device, for convenience?
How will tribunals react if claimants wish to use the recording as evidence at an appeal tribunal. For example, will they try to insist on having a written transcript provided and, if so, who will be responsible for providing it?

Standard letter
In spite of these uncertainties, we believe that anyone who wants to have their WCA medical recorded should make a written request for it to be done. We have written a standard letter to be used when you are given a date for your WCA, which members can adapt. You can also make the request verbally if you are telephoned with an appointment, but you should still follow up with a letter. If possible send a copy both to the medical examination centre and to the DWP office dealing with your claim.

Dear Sir/Ms,

Name:
National insurance number:
WCA medical date:
WCA medical venue:

Re: recording of my face-to-face work capability assessment

I wish my forthcoming face-to-face work capability assessment to be recorded and to be provided with a copy of that recording.

I understand that Atos will provide the equipment and carry out the recording on my behalf. This was confirmed by the DWP Central FoI Team in a response dated 24 January 2012, your reference: VTR 2714-3878. This stated that:

“​Provisio​n is currently available for the recording of assessments upon request by the claimant to the office which administers the claim for benefit and Atos Healthcare. In these circumstances, Atos Healthcare will provide the requisite audio recording equipment, which will provide each party with a recording of the medical assessmen​t.”​

The correspondence is available online at:

https://www.whatdotheyknow.com/request/revised_wca_handbook_revised_edi#incoming-246487

In addition, in a private members debate about the work capability assessment on 1st February 2012, employment minister Chris Grayling stated:

“​On audio recording, we will offer everyone who wants it the opportunity to have their session recorded. We decided not to implement universal recording because, based on the trial experience, people did not want it. Few people wanted their sessions recorded, and some said that they definitely did not. We decided therefore to offer recording as an option to those who want it. That seems entirely sensible.”​

I would therefore be grateful if you would ensure that the facilities are available for my assessment to be recorded. If for any reason this is not possible, I wish to be provided with notice and an explanation prior to the date of my assessment.

Yours faithfully,

If you wish to give notice before you are asked to attend a WCA, for example by stapling a letter to your ESA50 then start like this instead:

Dear Sir/Ms,

Name:
National insurance number:

Re: recording of my face-to-face work capability assessment

If it is decided that I need to attend a face-to-face work capability assessment I hereby give notice that I wish to have the assessment recorded and to be provided with a copy of that recording.

I understand that Atos will provide the equipment and carry out the recording . . . etc. as above