Just asked ATOS to record my PIP assessment

[squirrelly Whirley]

I apologise if this is a re-run of a really old topic

 

This will be my first attempt to claim PIP. I've just phoned to ask ATOS Healthcare to record my assessment, which is due to take place next Wednesday. According to the call-centre worker I must provide my own recording equipment. I'm a little confused since I had an ESA medical back in February which was recorded using ATOS's own equipment.

 

I may be accused of paranoia, but I feel this is an attempt by ATOS to stop later claims of unprofessional behaviour by their own hcp.

[reallymadwoman]

There are no arrangements for PIP assessments to be recorded, unlike ESA.

 

Personally I would just record it on my phone or whatever, without telling them. Be aware that if you do this and they notice they can stop the assessment and, worst case, you can be accused of 'failing to cooperate' and be denied benefit.

[squirrelly Whirley]

There are no arrangements for PIP assessments to be recorded, unlike ESA.

 

Personally I would just record it on my phone or whatever, without telling them. Be aware that if you do this and they notice they can stop the assessment and, worst case, you can be accused of 'failing to cooperate' and be denied benefit.

 

 

Thanks reallymadwoman - I was thinking of using a mobile phone to record it, but there was the mention that I would have to have two recordings - one for me and one for the nurse - at the end of the medical.

[reallymadwoman]

If you try to do an 'official' recording, you'll find they want you to use a machine that can simultaneously record two tapes/cds and is horrendously expensive. Anything else they will say is not sufficiently 'tamper-proof' and can't guarantee two identical recordings.

 

As I said, your only real option is to take the risk and record covertly.

[nexxusone]

take a Dictaphone and place on table and ask if they mind you recording the interview , if they refuse (LIKELY) use a already activated 2nd covert recording app for your mobile, i use an android app called corgi its free, which i activate before i go in, as my phone is in a case they cant see phone screen, it works well, im sure there are many similar apps for other phones, i usually take wallet, keys and mobile out of pockets and place neatly in line on table, just claim it's OCD, or my brilliant excuse my trousers are tight and i dont want to split seems ... works like a charm.

[squirrelly Whirley]

Thanks Reallymadwoman and nexxusone for your replies. I was told of the ridiculous need to bring my own CD recorder which had to be able to make two records simultaneously. Frankly I'm horrified by the high cost. Why are we being asked to bring such an expensive recording device? We would only need to use it once, so the cost would be unjustifiable.

 

Apparently the organisation doing PIP medicals in Glasgow is an NHS subcontractor called SALUS working on behalf of ATOS. By not recording the medical, I feel SALUS could more easily turn the situation to their own advantage, and not that of the client. The full process should be completely transparent, for all to see.

 

I contacted my MP and spoke to one of his assistants. That was two days ago, I haven't had a response yet, but I'll wait til tomorrow before calling again for an update. My medical is next Wednesday, so I'll hope for a satisfactory resolution before then.

[SabreSheep]

If you wish to use the recording for your own use only you neither need their permission to record it nor need to declare it.

 

So a recording would be useful to make very accurate notes but you would not be able to play it to any third party.

 

To be able to play it to a third party you Must declare you are doing so before hand and they have to approve of it.

 

Not sure if the above helps in anyway.

[onewheeldave]

If you wish to use the recording for your own use only you neither need their permission to record it nor need to declare it.

 

So a recording would be useful to make very accurate notes but you would not be able to play it to any third party.

 

To be able to play it to a third party you Must declare you are doing so before hand and they have to approve of it.

 

Not sure if the above helps in anyway.

 

 

Thats something we hear a lot. Is it true though?

 

In the past I've asked people to post links to some actual legislation, but never had a usefull response.

 

Would you be able to post a link to something verifying it?

 

Otherwise, it could just be one of those urban myths/assumptions that are always doing the rounds

[obiter dictum]

I will start with covert recordings and employment disciplinary

 

Vaughan v London Borough of Lewisham

EAT made it clear that, while the practice of covert recordings was “very distasteful”, such recordings are not inadmissible merely because they have been obtained in a way that is discreditable.

 

Chairman and Governors of Amwell View School v Dogherty

 

An employment tribunal was not entitled to admit as evidence in unfair dismissal proceedings the claimant’s recordings of a disciplinary panel’s private deliberations, according to the EAT.

 

Garbett and others v Sierotko

 

This employment tribunal upheld the claims of three female shop workers that their male employer had sexually harassed them by secretly videoing their use of the shop’s toilet for his own sexual gratification

 

With Atos

 

when you have a consultation with Atos, you are discussion your own medical issues personal to you. So under the Data Protection Act 1998 recording that interview covertly you are simply processing your own Data. Any recording will be covered under:

 

Section 36 DPA 1998.

 

“Personal data processed by an individual only for the purposes of that individual’s personal, family or household affairs (including recreational purposes) are exempt from the data protection principles.”

“In essence, You can do what you wish with it,”

 

Now as ATOS are working on behalf of the DWP, Article 8 HRA (Privacy) comes into play being that the DWP is a public authority. Article 8 being a Qualified Right has a Derogation, but can only be used protect the rights of others, the community, prevention of crime and public safety. This must be necessary and proportionate

 

In my own opinion the DWP and ATOS have no lawful reason not to accept recordings in any format, covert or open under:

 

Article 8 HRA

Section 36 Data Protection Act 1998

 

 

THIS IS MY OWN PERSONAL OPINION