DWP - No Consent given

[soniason123]

Hi, not sure if this is the correct place, so sorry if it is not.

 

I received a letter from DLA advising they where waiting for a report from my GP, however I ticked the no part of the consent form, tis means that DWP have made false claims to my GP telling them they have written consent.

 

I just wanted to ask how I go about dealing with this now, who do I report it to and how do I get the report struck from my records.

 

I do not have anything to hide, however I do not need my GP to tell me to take my pain killers and so do not see him very often and I have been led to believe this goes against you for any claims.

 

Thank you in advance for any help and advice.

[reallymadwoman]

So far as I can see there are two issues here. The first, if DWP have misled your GP into believing you have given consent for your medical records to be disclosed, is potentially a huge breach of data protection legislation.

 

Have you contacted either your GP or DWP to tell them that you haven't given consent? I would think the first step would be to write to your GP informing them that you have not given consent for disclosure and also to write to DWP complaining that you have not given consent. It may be that your GP hasn't actually disclosed anything yet, in which case there will have been no breach.

 

The second issue is however why you think making DWP believe you are withholding information is going to help your claim? Have you given them any alternative evidence of your care or mobility needs or have you previously had a face to face assessment? It may go against you if you don't see your GP often, but unless you have alternative evidence to support your claim it's going to go even more against you if you refuse permission for DWP to contact them.

[soniason123]

Thank you reallymadwoman,

I have called in at my GPs today (I received letter from DWP on Friday)and they have informed me that DWP have asked for a report and it has been sent, the letter the DWP sent to my GP had in big letters across the middle of the letter that written consent had been given.

 

I have sent them reports from my orthopaedic surgeon and physio. I only have extremely limited use of my left hand which is very apparent. I would have happily gone for a medical however as I said I do not see my GP very often and did not want this to go against me.

[reallymadwoman]

You need to complain to DWP immediately. It doesn't have to be very complicated, just a simple description of what has happened.

 

The DWP should investigate and issue an apology together with an explanation, though I suspect that will be that whoever processed your form simply didn't check you had given consent as most people do. As the information has already been sent to them I'm not sure what else could be done, and I doubt whatever your GP has written will go against you. Did you ask for a copy?

[soniason123]

Did you ask for a copy?

 

No, but I will do tomorrow. Thanks for your help.

Is there anyone outside the DWP I can complain to.

Edited September 16, 2013 by soniason123

[reallymadwoman]

If DWP do not deal properly with your complaint you can complain to the Information Commissioner's Office, but you have to have complained to DWP first.

[soniason123]

, but you have to have complained to DWP first.

 

I plan to send this email as complaint, do you think this will suffice, thank you so much for your help reallymadwoman, it is very much appreciated.

 

 

Dear Mr. Duncan-Smith,

 

I am writing to you to complain about a breach of DPA by your department. I applied for DLA in April and they wrote to me recently advising that the claim was taking longer than usual as they where waiting for a report from my GP, as I have ticked the deny consent box on my claim form, your department had no right to request this report from my GP.

 

As the head of this department I feel it is your responsibility to make sure your staff are complying with the law.

 

[reallymadwoman]

You're probably wasting your time writing to IDS. If you seriously want to complain, write (not email) to the address on the letter you were sent and spell out what they did wrong, e.g., I did not tick the 'consent' box on the claim form but my GP was told I had consented to him/her supplying a report. Head your letter 'Complaint' just to make it doubly clear.

[soniason123]

Will do, thanks again, it is something I feel very strongly about, I will let you know when I get a reply to my letter I will also send recorded delivery.