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    • This is the other sign  parking sign 1a.pdf
    • 4 means that they need to name and then tell the people who will be affected that there has been an application made, what the application relates to (specificially "whether it relates to the exercise of the court’s jurisdiction in relation to P’s property and affairs, or P’s personal welfare, or to both) and what this application contains (i.e what order they want made as a result of it) 5 just means that teh court think it is important that the relevant people are notified 7 means that the court need more information to make the application, hence they have then made the order of paragraph 1 which requires the applicant to do more - this means the court can't make a decision with the current information, and need more, hence paragraph one of the order is for the applicant to do more. paragraph 3 of the order gives you the ability to have it set aside, although if it was made in january you are very late. Were you notiifed of the application or not?    
    • These are the photos of the signs. At the entrance there is a 7h free sign. On some bays there is a permit sign.  Also their official website is misleading as it implies all parking is free.  I can't be certain of the exact parking bay I was in that day, and there was no PCN ticket on my car and no other evidence was provided.  parking sign 2.pdf
    • Hi, In my last post I mentioned I had received an email from SS who were asking me to hand over the keys to my mother’s flat so they could pass them to the Law firm who have been appointed court of protection to access, secure and insure my mother’s property.  Feeling this, all quickly getting out of my hands I emailed ss requesting proof of this. I HAVEN’T HEARD BACK FROM SS.  Yesterday, I received an email (with attached court of protection order) from the Law Firm confirming this was correct (please see below a copy of this).  After reading the court of protection order I do have some concerns about it:   (a)   I only found out yesterday, the Law firm had been appointed by the court back in January.  Up until now, I have not received any notification regarding this.  (b)   Section 2   - States I am estranged from my mother.  This is NOT CORRECT    The only reason I stepped back from my mother was to protect myself from the guy (groomer) who had befriended her & was very aggressive towards me & because of my mother’s dementia she had become aggressive also.  I constantly tried to warned SS about this guy's manipulative behaviour towards my mother and his increasing aggressiveness towards me (as mentioned in previous posts).  Each time I was ignored.  Instead, SS encouraged his involvement with my mother – including him in her care plans and mental health assessments.   I was literally pushed out because I feared him and my mother’s increasing aggression towards me. Up until I stepped back, I had always looked after my mother and since her admission to the care home, I visit regularly.   .(c)    Sections -  4, 5 and 7  I am struggling to understand these as I don’t have a legal background.  I was wondering if there is anyone who might be able to explain what they mean.  It’s been a horrendous situation where I had to walk away from my mother at her most vulnerable because of; ss (not helping), scammer and groomer. I have no legal background, nor experience in highly manipulative people or an understanding of how the SS system operates, finding myself isolated, scared and powerless to the point I haven’t collected my personal belongings and items for my mother’s room in the care home.  Sadly, the court has only had heard one version of this story SS’s, and based their decision on that. My mother’s situation and the experience I have gone through could happen to anyone who has a vulnerable parent.    If anyone any thoughts on this much appreciated.  Thank you. ______________________________________________________  (Below is the Court of Protection Order)  COURT OF PROTECTION                                                                                                                                                                                   No xxx  MENTAL CAPACITY ACT 2005 In the matter of Name xxx ORDER Made by  Depty District Judge At xxx Made on xxx Issued on 18 January 2024  WHEREAS  1.     xxx Solicitors, Address xxx  ("Applicant”) has applied for an order under the Mental Capacity Act 2005.  2.     The Court notes (my mother) is said to be estranged from all her three children and only one, (me) has been notified.  3.     (Me) was previously appointed as Atorney for Property and Affairs for (my mother).  The Exhibity NAJ at (date) refers to (me) and all replacement Attorneys are now officially standing down.  4.     Pursuant to Rule 9.10 of the Court of Protection Rules 2017 and Practice Direction 9B the Applicant 2must seek to identify at least three persons who are likely to have an interest in being notified that an application has been issues.”  The children of (my mother), and any other appointed attorneys are likely to have an interest in the application, because of the nature of relationship to (my mother).  5.     The Court considers that the notification requirements are an important safeguard for the person in respect of whom an order is sought.  6.     The Court notes that it is said that the local authority no longer has access to (my mother’s) Property.  7.     Further information is required for the Court to determine the application.  IT IS ORDERED THAT  Within 28 days of the issue date this order, the Applicant shall file a form COP24 witness statement confirming that the other children of (my mother) and any replacement attorneys have been notified of the application and shall confirm their name, address, and date upon which those persons were notified.  If the Applicant wishes the Court to dispense with any further notification, they should file a COP9 and COP24 explaining, what steps (if any) have been taken to attempt notification and why notification should be dispensed with.   Pending the determination of the application to appoint a deputy for (my mother), the Applicant is authorised to take such steps as are proportionate and necessary to access, secure and insure the house and property of (my mother).   This order was made without a hearing and without notice.  Any person affected by this order may apply within 21 days of the date on which the order was served to have the order set aside or varied pursuant to Rule 13.4 of the Court of Protection Rules 2017 (“the Rules”).  Such application must be made on Form COP9 and in accordance with Part 10 Rules.              
    • Unless I've got an incorrect copy of the relevant regulation: The PCN is only deemed to have arrived two days after dispatch "unless the contrary is proved" in which case date of delivery does matter (not just date of posting) and I would like clarification of the required standard of proof. It seems perhaps this hasn't been tested. Since post is now barcoded for the Post Office's own tracking purposes perhaps there is some way I can get that evidence from the Post Office...
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ATOS thread


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i was looking for the link, but allready looked at too much about this now and lost it!and the link!

i start to wonder now? if someone could take a family member in who was a policeman or a judge? ATOS would probably question their evidence? and favour some half cooked, half wit? that put giggleing as one of my side effects!

in my tribunal, i had to keep a straight face as i asked their doctor if he had ever written anything the like in somebodies notes before?

the only thing i find funny? is this whole procedure! so funny in fact i wet my pants with laughter? maybe thats their next excuse?

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oo, i despise getting rarred about things, but heres an online petition about it, is for them to record the interviews and let us sign what they saying about us?

Petition to: Have esa medicals to be voice recorded, and to have the same rights as accused criminals. | Number10.gov.uk

if enough people sign it, maybe they look into it?

i read so much now, theres got to ba a lot of people willing to sign?

lets see?

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If nothing else, an accurate transcript can be generated from the recording for use at a tribunal hearing, assuming that use of a recording is disallowed.

 

If pushed, then I'd be more than willing to submit my own story to the press, citing that ATOS' dishonesty - not just in my case - is widespread and deserves to go public.

 

After all, ATOS are acting on orders from a government that not very long back (before it got to power, naturally!), stated it was against private firms getting involved in health matters.

 

ATOS' rules are not my rules, and I'm not obliged to jump to their tune.

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we got more folks! forget recording your interview, i just got the official document from atos here it is:-

Audio or video recording.

 

Atos Healthcare has clear guidance agreed with the Department for Work and Pensions (DWP) on audiotaping and video taping a medical examination. This is designed to ensure that a consistent approach is taken to all such requests and is designed to safeguard the interests of both the customer and the HCP.

The DWP never requires that a medical assessment for the purpose of advising on entitlement to state sickness or disability benefits be recorded on audio or videotape.

Any request can only be agreed with the prior consent of the HCP, and then only if stringent safeguards are in place to ensure that the recording is complete, accurate, and that the facility is available for simultaneous copies to be made available to all parties present. The recording must be made by a professional operator, on equipment of a high standard, properly calibrated by a qualified engineer immediately prior to the recording being made. The equipment must have facility for reproduction so that a copy of the tape can be retained by all parties.

The cost of the making the arrangements rests with the customer, as recording is not a requirement of the DWP.

If Atos Healthcare is unable to grant a request for recording we will offer you an opportunity to rearrange your appointment so you can arrange for the examination to take place with a chaperone or other witness.

 

have just been on the phone for 1/2 an hour to leeds to get this!

apparently if i took my brother with me, who is a warranted police officer, even his statement would not be accepted by the DWP ATOS or the tribunal.

 

so not only do they not believe your GP consultant or YOURSELF they do not believe a police statement either!

 

as they do not/are not able to contact your GP i think the best is to tell them "my probation officer thinks it's best i'm not around pens as it took a long time to remove the last from the doctor i stuck it in"

or do a Frank Gallagher with a gallon of four star?

 

and i just been on the phone to my local welfare rights officer who said there is no point in applying to the upper tribunal unless i'm willing to pay a barrister to review the whole case and present any points of law that have been broken!

 

think you know what to do folks? sign the pettition above, remember when you're voting next it was LABOUR who signed us up for all this, and the CONSERVATIVE PARTY was going to do the same anyway! so theres only a few parties left!

and if you live in a conservative or labour constituency don't bother talking to your local MP as they just look at you as some kind of scrounger!

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we should see if panorama or somebody would be interested? i'd be happy to wear covert recording equipment! i read a story last night where one guy lost both his hands in an industrial accident, and was told that he could pick a pound coin up off the floor? after speaking to my welfare rights officer, he gives the impression that it's not if you can do your old job? is if you can do any job! maybe the government need some doorstops? i'm getting so angry and frustrated by all this now i feel like their might be more than one disabled guy in the room after i finished my medical!

have also read today that ATOS have no duty of care, so today have sent them a mail requesting a copy of their health and safety policy, and tomorrow i'm asking for a copy of their public liability insurance? and maybe monday i find something else to annoy them with!

oh, i posted some phjone numbers the other day on here that was removed, DO NOT call them as they get really really annoyed when you do! and if you don't want them? don't do a google search for "atos clinicians numbers" and you wont find them!

 

and don't be so sarcastic like me!

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So, to paraphrase recording your ATOS medical, the answer is 'yes, of course you can'. followed by 'but we'll make it so expensive no person can afford to do it'.

Sounds about right...

Rae.

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shame they got to do so much work to earn their money? they seem to do so little for it at the moment?

the lady on the phone today wouldn't give me her name when she refered to me as a "customer" today "allegedly their not to give their names out" so now i'm going to have to write an email raising an official complaint that they have broken their contract with the DWP as in their contract the "customer" is a legal term for the DWP, and apparently i'm a claimant/patient/client, by the time they get to the medical they're going to want to take a recording! and maybe open us lot up a complaint department, that doesn't take a few weeks to reply, once again breaking their contract!

 

KNOWLEDGE IS SOMETHING YOU GET, JUST AFTER THAT POINT WHERE YOU REALLY REALLY NEEDED IT!

maybe tomorrow i get something done with their rules and regulations regarding recording phone conversations with them?

next thing will be when they ask to see the Portable Apliance Testing certificate for the equipment? will the equipment be so sensitive that i require a certicate of electrical installation for the recording company?

this is getting silly, they are silly, and i just cant decide whether to wear the clown suit to the medical?

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Just an update.

My wife got a letter today saying she has passed the medical and wont need another untill july 2011.

I dont know if its because of what i told the nurse at the begining of the medical . I told her i had an outstanding complaint against an atos hcp and i believe for whatever reason atos hcps are taking no notice of what claimants are saying to them and putting down the exact opposite of what they are being told.

I then went on to tell her i would be taking notes on what she asked my wife and what my wifes replys where i also told her that if there was any mistakes or un-truths i would also be complaining about her.

I know people have said record the assement, but if you cant afford the equipment take a note pad put it on the desk in plain site of them and as soon as the start talking you start writing , if at anytime you havnt managed to write down what was said interupt the hcp and ask for the question to be repeated.

It seemed to have the desired affect on the hcp that done my wifes medical.

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Just an update.

My wife got a letter today saying she has passed the medical and wont need another untill july 2011.

 

george1961 i had a medical back in 2006 and my review is in 2011, that will be 5 years apart, my right leg and back are in agony and i cant walk tor far either. HOW LONG APART WAS YOUR WIFES MEDICAL, i dont know how long apart these medicals sould be.

do you know how long Atos have done these medicals for.

just a thought if they say you fit for work and you lost appeal say i would get a job and if you had an accident while doing that job i would sue the DWP for forceing me back to work, i would say if your disabled and have an accident why your in no fit state to work thats a human rights issue methinks.:evil:

 

anyone shed some light on this!

My advice is based on my opinion and my experience. It is not to be taken as legal advice as I am not legally qualified

If my advice has been helpful, please take a moment to click on the scales

on the bottom left hand side of my profile :p

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Its been at least 4 years since her last medical.In that period she has had to fill out 2 medical questioneres which she passed (that was the old points system)

I am not a 100% sure but i think they can call you for a medical anytime.They say they will look and revue peoples cases from time to time.

If you have a letter stating you dont need another medical for 5 years then i dont think they will bother you.If they do write to them and give them a copy of your letter, i would also advise you if they do try and give you a medical before the 5 years go to an advice centre they will be able to fight you case for you.

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I think atos took over in 2005 (someone on this site will confirm it)

Make sure if and when you go you take someone with you (it will go against you if you dont) and remember they are employed by atos, they are neither impartial or objective.

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get the name of the person doing the medical and check online if they are registered with the general medical council

they have to by law

 

send atos a letter as well

 

ask if your condition was diagnosed by a computer program called

 

L.I.M.A.

 

SORRY ATOS, OUT THE BAG NOW

 

IT STANDS FOR

 

LOGIC, INVESTIGATION, MEDICAL, ASSESMANT

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I think recording the medical exam would help but i think a major problem with the hcps employed by atos is in their written reports.Most people seem to think their medicals have went ok and they have answered all the relevent questions but when they are informed that they no longer qualify for benefits its only then that people ask for a copy of the hcps report and realise that the hcp has put down the exact opposite of what you told them.

I would like to see that after the medical you have access to a translated copy of the medical report before it is sent back to the dwp.

Then and only then will it be deemed fair to everybody it will also make sure that these people who are employed by atos will have to do their job the way they are ment to .

Prior to 2007 (according to atos) people were entitled to a copy of the report but for some reason they dont need to now ( i have asked atos to show me the official document that proves this but yet they havnt)

As far as i am concerened atos are in it for the money only and it wont matter a jot to them what your cindition is and how it affects you and the dwp and the government are happy to let them carry on as long as it gets people off the sick.

In one of the earlier posts on this site someone is asking for people to sign a petition to 10 downing st and i would ask as many people as they can to click on the link and sign it.

Maybe we should petition 10 downing st to go back to allowing people to see their medical report before it is sent back to the dwp.

I am sorry if it seems i am ranting but everytime i read posts on this site i get so angry by the way the government, the dwp and atos are treating people with genuine illnesess and disabilities

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Demand A Copy Of The Referal Document And Report

 

Send Atos An Sar

 

I Did Even Though My Case Is Occupational Health Through Work

 

I Have Atos In Court At This Moment

 

They Are Putting Peoples Health At Risk And A Lot Are Not Qualified To Give Reports

 

Cagboot If You Wish

 

I Have All The Evidence Presented To The Court

 

Gmc Report

Hpc Report

 

A Lot Of States In America Have Banned Atos, Putting The Company Before Patients, They Are Owned By An American Insurance Company

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You can only contact the gmc if it is a registered doctor atos call their people health care profesionals and this allows them to employ doctors , nurses, physios and any other person with a medical background as long as they go through and pass atos,s training.

Their training consists of 6 stages and it includes reading, class days, more reading, multiple choice questions (which you have to pass) another in-house class day and then you have to do 5 medical exams which are with someone from atos and if you pass them you are then a qualified hcp and can go and do the medicals on your own

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Beg To Differ

 

Ime Talking Not On Occupational Health But Medicals For The Dwp

 

Part Of The Contract The Goverment Has With Atos Is All Its Advisors Ref Esa. Well Benefits Payments Have To Be Registered With The Gmc Or Midwifrey Council

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The Ocupational Health Side Is That All The Atos Staff Have To Be Registered With The Health ProFessions Council

 

But They Dont Tell You What The Staff Are Qualified In, Be It

 

Orthaopaedics

Virology

Brain Surgeon

 

Get The Idea

 

And They Will Not Tell You

 

Thats Why I Used Cpr 31.16

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You could be correct but i have seen posts from people who have complained to the gmc about how their medicals were done and the gmc have said they cannot get involved because the hcp was a nurse and not a doctor.My wifes medical last week was done by a nurse and i asked her for her gmc registration number and she told me she wasnt registerd with the gmc but was passed to perform these medicals by the secretary of state

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thats crap

 

they have to be registered

 

ive had the same reply from the gmc ref registration numbers etc

 

you need to send atos a letter

 

ask for the registration number of the person doing the medical with the gmc or midwifrey council

 

tell them you do not require info on the health professions council, only midwifrey council and gmc

 

ask them why a person not registered with the midwifrey council and/or gmc is doing dwp medicals

 

do you need the address for complaints

 

send recorded

 

ive had acess to the contract between atos and the dwp

 

cant say much more for obviouse reasons

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get the name of the person doing the medical and check online if they are registered with the general medical council

they have to by law

 

send atos a letter as well

 

ask if your condition was diagnosed by a computer program called

 

L.I.M.A.

 

SORRY ATOS, OUT THE BAG NOW

 

IT STANDS FOR

 

LOGIC, INVESTIGATION, MEDICAL, ASSESMANT

 

A condition is not diagnosed by LiMA. (Logic Integrated Medical Assessment). The purpose of an ATOS assessment for ESA/IB is not of diagnostics, as dignosis bears no relevance to the benefit system, and in most cases, the claimant has already been diagnosed with a condition. The DWP's position is to have it established how the condition affects the capability of a person to perform in a work related environment, to decide if the effects of the condition would place someone in the category of completely incapable of work, or capable of some type of work in accordance with the descriptors. The ESA system is set up to concentrate on what a claimant can do rather than what the cannot do.

 

The LiMA programme is simply a tool for data entry for the purposes of a DWP medical report, it provides medical assessors with a framework based on best medical practice to record their clinical findings. The medical assessor is still in control of making any judgements in relation to the condition; it is not for a computer programme to diagnose. It contains the same questions and multiple choice answers that the paper IB85 does. The use of free text is also available, if the assessor doesn't feel the optional choices allow for an accurate answer.

 

There is more about LiMA here for anyone who would like to read about it.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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