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    • Hi    Just had a wee look at this and I think if you have not already done so you need to inform the following and keep a good paper trail as you are doing:   1. Police/ Action Fraud (get a Crime Ref Number). 2. Trading Standards. 3. FCA (as Damaras Ltd, Trading as Payza.com had there EMD Revoked by FCA on 12/07/2018) 3. Companies House (as they are looking at a Proprosal to Strike off MH PILLARS LTD   Companies House link - MH PILLARS LTD: https://beta.companieshouse.gov.uk/company/06243643   Damaras Limited has simply changed its name to Peridea Limited but it is still the exact same company number 8029472 and Address   FCA - Damaras Limited: https://register.fca.org.uk/ShPo_firmdetailsPage?id=001b000000m4IXPAA2   Companies House link - PERIDEA LIMITED: https://beta.companieshouse.gov.uk/company/08029472 (go to bottom of webpage and look at the previous company names)   PERIDEA LIMITED above I can find nothing in searching the FCA (so let the FCA know this is Damaras Limited as the FCA revoked there EMD) and if this new company is actually registered with them)    
    • So an update on this, seems the CCMCC did issue the claim form but didn't serve it because the address was missing on the form. After reviewing my N1 I didn't understand and it seems that the copy / paste from Companies House made the address a c/o address and CCMCC don't like serving to those. So I wrote an email to them which stated the following:   This was presented to a Judge who granted the request and the forms were served.   I then had correspondence from Loco2 Ltd   I did not initially respond to this as I was away with my partner at the time and as I don't get to see her often I keep all admin / gaming community matters to emergencies only. This possibly turned out to my advantage as I received this further response the following day:     I responded agreeing to settle out of court.
    • ok good let it run then.   I've sent you a PM with a secure email send me the scans of the complete CCA return please see if can get them up...   dx  
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tuvalu

help me take Atos and DWP to court

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Can anyone out there suggest a good solicitor so I can persue a criminal or civil prosecution against both Atos Healthcare and DWP.

 

My late husband died just before Christmas, although we were not together we were still legally married and still cared for each others welfare. I was in Australia when he died and returned immediately to sort this out. I have been through his paper work and firmly believe the DWP were negligent, Cruel, Inept and he also suffered discrimination.

I have a small occupational pension and am not on benefits myself, so they cannot threaten me with fear.

My late husband was only on ESA for a few months, and had not claimed any benefit for over 30 years.

i would like a criminal case if possible, Civil if I have to.

I cant find any records of court cases on the web.

I would be really grateful for all suggestions

 

Thank you in advance

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Welcome to the site.

 

Any action would need preparedness and supporting evidence.

Do you think that you have everything you would need ?

 

I think that you need to give more detailed info as regards your belief that there is a cause of action.

 

Of course leaving out any named individuals/areas etc.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Thank you martin,

 

My late husband was 3 months from being eligable for pension credit.

He had depression for which he was certificated by his GP and a heart condition.

He started claiming ESA in Feb 09.

During that period he was assessed by Atos who scored him at 0 points

He appealed and this was reviewed and upheld. He did not do the next appeal he died before then. i have the paerwork and reasons for decisions.

He lived in the marital home, I was paying mortgage, insurances and utility bills by direct debit. the DWP continually did not pay him his ESA which impacted on council rates (which i was not paying)

Worst of all he was hounded by DWP to go back to work, he had not worked for over 30 years as we had swapped roles, he therefore took the traditional now outdated womens role and stayed at home. This agreement worked quite well for us. We did not claim benefits as I paid for everything.

With just 3 months left, I kept expaining to him everything would be ok as soon as he was on pension credit as he would have to be treated the same as a women born on the same day. I tried as best I could from australia, but he never told me how bad things really were

DWP wrote to GP told him to stop issuing medical certificates my question is WHY! He would only need 1 more before reaching 60.

I believe a stay at home woman of the same age would have been treated differently, realising the short time involved, and the pension service itself says it treats men and women the same.

Anyway despite having needing treatment for a earlier attemp in 2009 to kill himself, he was so worried and put through so much trouble that he did kill himself in early December. He was not a paperwork person as told to DWP, I dont think he stood a chance of understanding the rules

i believe they did not look at the whole picture, continually did not pay him, hounded him to start work ignored medical evidence, told him they were not paying him anymore, suspended his benefit, did not ask Atos for him to have an assessment for mental illness, there is more still.

I belive DWP and Atos are guilty of corporate manslaughter.

 

Thank you, hope for some ideas, I have only just emerged from the duvet I have laid under for six months, and i have not stopped crying yet.

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Ok thank you.Hang on in there and dont think of giving up.

Forgive me but I am going offline as tired.

But I am very sure you will be taken care of here.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Here are some links which may enlighten you and help to explain (but not mitigate) the "We don't give A'TOSs"® absurdity.

 

Please read this article c/o Brighton Benefits Campaign and much will be made clearer. It's probably the best I've ever seen.

Employment and Support Allowance: a new harsher test Brighton Benefits Campaign

 

A good many other terminally ill people are being appallingly let down by the system and it can be difficult to know who to pin down the blame on, the buck never seems to stop being passed between the DWP and ATOSh their contractor. One person who was seriously let down under ESA has made a v.good web-site with loads of first class information, links and references which will help you with the difficult decision whether to seek redress through the legal system and how to get evidence:

DWP ESA Medical Examinations

 

You'll find plenty of sites on the web affirming that ATOS is a heartless greedy business, e.g. they falsify their medical reports etc. to deny people their rightful dues. Try this Google of "DWP and Atos medical" but avoid the ATOS and DWP sites because they are just spouting propaganda.

 

Good luck and kindest regards,

Paul.


I'm not a qualified welfare rights adviser, but I'm planning on becoming one. I'm no substitute for more competent advice from trained CAB and welfare rights workers - [URL="http://www.consumeractiongroup.co.uk/forum/benefits-tax-credits-minimum/127741-benefits-advice.html"]see this post[/URL] by Joa, great advice and links! I've been running a Crisis Loan campaign and help since Jan 2007 . See my annotations c/o "theyworkforyou". I'm also currently interested by the recent DWP Medical Services reform and the effect this is having on valid claims, seriously - someone needs to be keeping a suicide count.

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Thanks Tuvalu for providing full details, they appeared while I was writing my post above this one.

What has happened to your husband is b'**dy disgusting and you ought to complain because this is appears to be a terrible case of "Tort of Negligence". I foresaw (when ESA was still in the proposals stage) just this sort of thing happening, a profit motivated company shouldn't be allowed anywhere near social welfare administration.

I'm just going to make a cuppa and roll a fag but I'll be back soon with some better researched guidance (when I find it).

Regards, Paul.

 

P.S.

DWP wrote to GP told him to stop issuing medical certificates my question is WHY!
Was it the DWP or might it have been ATOS who sent the letter, I've seen quite a lot of this just lately and I thought that it was ATOS who were doing this. In any case they have no right to tell G.P.s what to do, and, many simply ignore the 'no more med certs' letters. Further down the letter it should state that this doesn't apply if the claimant is appealing the ESA decision. Edited by loan_ranger
Added a P.S.

I'm not a qualified welfare rights adviser, but I'm planning on becoming one. I'm no substitute for more competent advice from trained CAB and welfare rights workers - [URL="http://www.consumeractiongroup.co.uk/forum/benefits-tax-credits-minimum/127741-benefits-advice.html"]see this post[/URL] by Joa, great advice and links! I've been running a Crisis Loan campaign and help since Jan 2007 . See my annotations c/o "theyworkforyou". I'm also currently interested by the recent DWP Medical Services reform and the effect this is having on valid claims, seriously - someone needs to be keeping a suicide count.

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Some people are renaming the ATOS medical "the Lourdes Cure". LOL

It's almost impossible not to be found "fit for work".


I'm not a qualified welfare rights adviser, but I'm planning on becoming one. I'm no substitute for more competent advice from trained CAB and welfare rights workers - [URL="http://www.consumeractiongroup.co.uk/forum/benefits-tax-credits-minimum/127741-benefits-advice.html"]see this post[/URL] by Joa, great advice and links! I've been running a Crisis Loan campaign and help since Jan 2007 . See my annotations c/o "theyworkforyou". I'm also currently interested by the recent DWP Medical Services reform and the effect this is having on valid claims, seriously - someone needs to be keeping a suicide count.

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Thankyou Tuvalu for posting.

Please please keep us updated with your fight. We may only be able to offer moral support and some advice here and there but we are all too aware that the current system in the UK can lead to suicide. Your post helps endorse that.

Off the top of my head, I wouldn't say the male / female pension rights are equitable. However, at age 60 your husband would be eligible for pension credits which - bizarrely - amount to the same thing.

So much love to you hunni for pursuing this. Please beleive me, it's not just your husband you are helping.

I am sure I speak for all on CAG, if we can help - no matter how small that help may be - we will gladly do so.

Best wishes

Rae

 

Please feel free to join my facebook page and tell your story...

 

http://www.facebook.com/profile.php?id=558946964#!/group.php?gid=104420389593395

Edited by RaeUK

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Thankyou thankyou for all your replies. Please send me as much as possible. 2 things, I never saw the letter to GP, it was on the GPs system but my son did. that is the one letter we are missing, but DWP themselves in their letter telling my husband his benefit was suspended said 'we have written to your GP informing him not to issue any more medical certificates' havent got exact words to hand, but it was more or less this

Also if my husand and i had divorced then he would have been entitled to a bigger slice of marital home because i have a pension. Because of that i believe he never got what he was entitled to and i am very happy to pay anything to get justice fo him. I am very angry of this cruel system. So in my mind there is no debate, I want to make them squirm like they made him

Once again thanks for all your support and please keep it coming

XX

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Thank you martin,

 

He started claiming ESA in Feb 09.

During that period he was assessed by Atos who scored him at 0 points

He appealed and this was reviewed and upheld. He did not do the next appeal he died before then. i have the paerwork and reasons for decisions.

 

Hi tuvalu. I am very sorry to hear about your husband and the circumstances of his passing. I can't imagine how devastated you are.

 

Unfortunately in accordance with the site rules CAG cannot recommend solicitors as they are a commercial business. However we may be able to advise how ESA works, and provide links to the law and the guides which incorporate ESA, and answer some of your questions which will hopefully go some way to helping you. In order to clarify some things for you, I need to ask you a few questions in regard to the situation, and the things you have told us about.

 

When he originally appealed the decision did he ask for an appeal specifically, or did he ask for a review or reconsideration? This is very important because there may be scope for a continuance of appeal even though your husband has died. Appeals which are in process can be continued by an executor after death.

 

 

DWP wrote to GP told him to stop issuing medical certificates my question is WHY!

 

When ESA is decided upon, it is normal procedure for DWP to issue a letter to the claimant's GP advising of the decision and that there is no need for any more sick notes to be issued unless there is a change in the patient's condition, or if the patient is appealing. This is the case whether the decision is to the claimant's favour or not; if no more sick notes are required because of a decision on benefit, DWP will write to the GP to advise of this. This was also the case with IB. Sick notes are specifically for Social Secuity purposes.

 

Do I have to provide a further medical statement to a patient who has been advised by Jobcentre Plus that they are not entitled to Incapacity Benefit or Employment and Support Allowance?

 

If your patient appeals against the decision you may issue further medical statements until the appeal is held if you feel that it is medically appropriate. Medical evidence is required to support benefit claims at all times unless the Work Capability Assessment threshold is met. This requirement does not change while a patient is appealing. If you consider that your patient is fit for work and you do not issue a Med 3, Jobcentre Plus will advise your patient of the alternative options open to them. This may include claiming Jobseeker’s Allowance until the appeal outcome, if the specific qualifying conditions are met.

If the appeal is unsuccessful, you should only issue further statements if their condition worsens significantly or they have a new medical condition.

 

 

 

 

the DWP continually did not pay him his ESA which impacted on council rates (which i was not paying)

 

 

Did he continue to send in sick certificates following the ESA disallowance?

 

 

Worst of all he was hounded by DWP to go back to work

 

In what way? Did he sign on to Jobseeker's Allowance?

 

continually did not pay him

 

told him they were not paying him anymore, suspended his benefit,

 

What reasons were given for not paying him/suspending his benefit? When did they do this?

 

did not ask Atos for him to have an assessment for mental illness

 

There is not a seperate assessment for mental illness in relation to an ESA claim. The assessment is the same for every person who claims ESA. I have attached the points scoring system to this message so you can have a look at it and work out what he should have perhaps scored realistically. honeybee has a sticky at the top of the benefits forum where she has placed a template she and her husband made to challenge the point scoring in her claim to what it should have been.

 

There are also some links attached in relation to ESA and how to look up the legislation which you can read in your own time.

 

DMG volume 8

DMG Volume 9

 

Welfare Reform Act

 

ESA regulations

 

The Employment and Support Allowance (Transitional Provisions) Regulations 2008

 

The Employment and Support Allowance (Consequential Provisions) Regulations 2008

 

The Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008

The Employment and Support Allowance (Consequential Provisions) (No. 3) Regulations 2008

 

The Employment and Support Allowance (Miscellaneous Amendments) Regulations 2008

Benefits and the law sticky

 

honeybee's template sticky

 

DWP Policy ESA

  • Haha 1

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.

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Sorry - here is the attachement for the LCW points test.

LCW test.doc


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)

If my advice has been helpful, please show your gratitude by taking a moment to click on the star icon on the bottom strip of my post

:)

 

 

 

 

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Very informative Erika:)


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Thankyou so much everyone, i have a lot of research to do, this forum is very very good,

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Hi

This is my first post here, Ive been reading the forums for a while as Im going through my own nightmare with ATOS and the DWP, Im trying to gather the strength for a long uphill battle but had to join to comment on this.

Tuvalu Im so sorry about your husband it must be horrendous. Dont let them get away with this, ATOS are not above the law. Have you copies of the examiners reports? If you havent, ring the DWP to get them and be prepared for some blatant lies and rubbish when you read them. Do you know if your husband took anyone to the assessment or did he go alone?

I am also looking to take ATOS to court, my story is quite long and I will open a new thread, just wanted to say hello and Tuvalu any help or support I can give you or anyone else I will.

Edited by twinkletoes66

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Hello Tuvalu and Twinkletoes, nice to meet you both.

 

Tuvalu, your story is shocking and I hope you can see justice done. I can't help with anything specific at this stage, but you have my support.

 

Did you get an answer to your lawyer question? I didn't see one. You might find a no-win-no-fee lawyer to handle the case if they believe they can win it, otherwise the UK has enough lawyers to choose from :). Try to find someone who specialises in this area if you can.

 

My best and big hugs to both of you. HB x

 

PS twinkletoes, I look forward to seeing your thread.

Edited by honeybee13
missing word.

Illegitimi non carborundum

 

 

 

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Hello Tuvalu and Twinkletoes, nice to meet you both.

 

Tuvalu, your story is shocking and I hope you can see justice done. I can't help with anything specific at this stage, but you have my support.

 

Did you get an answer to your lawyer question? I didn't see one. You might find a no-win-no-fee lawyer to handle the case if they believe they can win it, otherwise the UK has enough lawyers to choose from :). Try to find someone who specialises in this area if you can.

 

My best and big hugs to both of you. HB x

 

PS twinkletoes, I look forward to seeing your thread.

Hi HB,

 

I posted a link in this thread but the CAGBot removed it (site rules: commercial web-sites) which is a pity because the name of that solicitor is enough to strike fear in the hearts of any government employed benefits lawyer because he is the most pre-eminent in the land, he also has a good 'moral compass' and reputation. I've sent the link by pm to tuvalu but I don't know if that was also blocked for the same reason.

 

By default here's a link that can be used to find a local free Law Centre:

About Law Centres: Find your local Law Centre

 

Regards, Paul.


I'm not a qualified welfare rights adviser, but I'm planning on becoming one. I'm no substitute for more competent advice from trained CAB and welfare rights workers - [URL="http://www.consumeractiongroup.co.uk/forum/benefits-tax-credits-minimum/127741-benefits-advice.html"]see this post[/URL] by Joa, great advice and links! I've been running a Crisis Loan campaign and help since Jan 2007 . See my annotations c/o "theyworkforyou". I'm also currently interested by the recent DWP Medical Services reform and the effect this is having on valid claims, seriously - someone needs to be keeping a suicide count.

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This thread has been "cagbotted" several times, all for the same reason. I appreciate the situation for the OP is a desperate one, as I am sure everyone does.

 

However the site rules are quite clear in regard to commercial links; the rules also extend to private messaging.

 

We cannot disregard the site rules for one thread, no matter how delicate yet enforce the rule in every other thread. To do so would promote a completely unfair balance across the boards.

 

This lady needs help. As I said in post 10 we can't exchange commercial links but there are other ways we may be able to assist - we can offer clarification on ESA and those who have been directly affected by the system can offer much needed moral support to her. By clarification of the legislation of ESA she may be able to see if she has a case to take forward; yes what has happened is shocking however, as seasoned caggers will know, no matter how unjust a situation appears, a case is only as strong as the law allows it to be. I would hate to see this lady, who is still in the depths of bereavement, contact a solicitor, pay thousands in fees only to be told she doesn't stand a chance particularly as she is seeking a private criminal prosecution - this is a very costly business and these cases are very rare.

 

Loneranger has provided a link to free law centres, which is absolutely fine and will stay where it is. (Great link Paul!)

 

If anyone wishes to find a solicitor, specialised or otherwise, there are search engines that they can use to do so; there are also reviews available for some, so that a person can have a good look at client's experiences, but the links cannot be posted here, I'm afraid.


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)

If my advice has been helpful, please show your gratitude by taking a moment to click on the star icon on the bottom strip of my post

:)

 

 

 

 

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are quite clear in regard to commercial links; the rules also extend to private messaging

yes i got a removal and edit in my private e mails,for this reason i will be leaving shortly ...and going to the yes i got a removal and edit in my private e mails,for this reason i will be leaving shortly ...and going to the orange site ..

patrickq1

sorry to here of your case Tuvalu


http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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Hi Patrick,

 

You didn't make any posts in this thread to remove.

 

If you have had a post removed or edited in another thread and feel it was wrongly removed or edited, if you want to tell me which thread it was in, I can have a look for you to see if I can find the reason for editing or removal and explain this to you. If I can't see a valid reasoning then I can do a report to the member of site team who unapproved/edited and ask them to explain the reason for it. If it has been edited or removed for any of the reasons within the site rules, I (or the relevant site team member) can explain which rule but I will be unable to reinstate the post as we all have to abide by the rules which are set by admin, Site Team included. Alternatively, you can complain to admin about it by emailing. If you hover your mouse over the word " admin" in this post, the email address to send your complaint to will appear.


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)

If my advice has been helpful, please show your gratitude by taking a moment to click on the star icon on the bottom strip of my post

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Hi and very sorry and shocked to hear about your problems. I think i can offer some advice on evidence collection..

1. Use SAR's on all related parties even gp surgery. etc.

2. Always include in an SAR a couched threat of using Section15(2) in the event of omissions or inaccuracies. Section 15(2) can be used to devastating effect in getting the info they don't want you to see. ALL the big players laugh at standard SAR's until in front of a judge under a section15(2). This is also why cross referencing all your sources is so important. The judge at Huddersfield denied the GE Money Barrister a strike out on the strength of my section15(2) and has left my lawyers with a very strong case on DPA breaches against GE..(micko 1 barrister 0).

3. Demand Audit Trail information in its entirety the DWP illegally guides its employees not to provide this information,, this should garner every keyboard input against your husbands account. My other thread in this section has a sample SAR I used I cannot link as it is classed as thread hijacking but it is there under micko19.

4. You need to be patient and diligent in collecting information, i think its worth bearing in mind that solicitors don't collect evidence, you must do all that leaving no stone unturned and bring a strong case to them. It is all a time consuming process. I got break downs of all PPI and loan secret commissions to brokers all with the use of section 15(2). One ommission from the broker included by the lender opened the section 15(2) filled in an N1 and all the info gets coughed up.

 

also if you have enough for criminal it may be worth bringing the police on a criminal allegation must be investigated. However I would get advice from more senior people on here. My advice is just things i have got from here and learned myself please take as much advice as you can as well as my own and hope you find a way

 

I hope these help

 

good luck

 

mick

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Hi everyone,

 

Thank you for the explanations regarding the rules. All this information is so useful. Mick thank you for your last post. The probelm I have is that the dpa and subject access applies to people that are alive, my understanding is thats its up to the discretion of organisations. Does anyone have any suggestions for me on this.

My husband had applied for an appeal and I have sent the letter to continue with this so I also need as much advice as possible regarding this.

But a really big thankyou to evryone who has advised or just given their support. i am so grateful.

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Hi tuvalu.

 

You are correct about the disclosure of data of deceased persons not being available to third parties using the DPA, and that it is up to the discretion of the organisation - if you are able to proceed with the appeal, you will receive copies of all information relating to the decision of your late husband's ESA claim prior to the tribunal, this is a normal part of the appeals procedure. However it will not contain screen dumps, or other information which does not directly relate to the decision, nor an auditory trail.

 

A representative of a deceased person may, however, request the deceased's health records under the Access to Health Records Act 1990. This may or may not help you but it is the only thing I can find, short of asking for a court order for the information. You may be able to persuade ATOS to release information under this Act in relation to your husband's medical assessment. (You would get the medical report in any case though with the appeal papers if you succeed in being appointed to act - more on that below). The Act defines a health record as a record which—

 

a) consists of information relating to the physical or mental health of an individual who can be identified from that information, or from that and other information in the possession of the holder of the record; and

 

(b) has been made by or on behalf of a health professional in connection with the care of that individual

 

Now, in relation to (b) ATOS may successfully argue that the record is not in connection with care of the deceased because it in fact relates to an assessment for the purposes of determining benefit entitlement.

 

You can also request information under the Freedom of Information Act 2000, however this can only be used to gain information about policies, procedures, guides, law, statistics, facts etc that a public body (DWP in this case) utilises in the process; it cannot be used to gain information which is or was personal data of a data subject.

 

Insofar as the appeal is concerned, the Secretary of State can appoint a person to act for a deceased appellant in order for an appeal to continue. This is outlined in regulation 34 of the Decision and Appeal Regulations 1999. On receipt of your letter, they should consider whether you are an appropriate person to appoint for the continuance. (i.e; whether there was an appointee at the date of death, whether anyone else has requested to be appointed for continuance etc).

 

The code of appeals procedure is here


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)

If my advice has been helpful, please show your gratitude by taking a moment to click on the star icon on the bottom strip of my post

:)

 

 

 

 

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Dear Tuvalu,

 

Hopefully you are still checking into this site, and also to anyone else who has lost a loved one that may be reasonably argued stems from 'alleged' negligence by Atos/DWP.

 

I write as a former police officer, but with the caveat of being a little rusty on the legislation.

 

Might I respectfully suggest you try an alternate method rather than Atos/DWP have you jumping through their hoops?

 

Just contact the Health & Safety Executive (HSE) and formally request they launch an investigation into Atos Ltd (or whatever they now call themselves) and Iain Duncan Smith as the 'directing mind' of the DWP. Ask the HSE to launch an investigation into the whole matter in terms of:-

 

- S37 of the Health & Safety at Work Act 1974 - Conviction for Manslaughter, can be punishable by imprisonment of the 'directing mind' if found guilty.

 

- Corporate Manslaughter and Corporate Homicide Act 2007 - For death where culpability of an organisation is proven.

 

The main point is that you should NOT be doing the legwork. You have suffered enough. The HSE have significant powers of investigation, seizure and prosecution that you do not. They have a track record of convicting people and organisations of manslaughter.

 

On a slightly seperate matter I used the method of having a regulator prosecute a government organisation (having learnt how hard it is as a lone citizen to do this). I was astounded when the matter went all the way up to the EU. Then shocked when the government organisation was CLOSED DOWN.

 

Tuvalu, you can help many others who are currently going through Hell with this new Reich style elimination of the disabled, and not least honour the memory of your late partner by helping those who are so disabled they cannot help themselves against these ruthless organisations.

 

Best regards,

 

banana.

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very well put and a very substantial point of law , use this or get a solicitor to act for you ,

lets see smiddy get out of this one


http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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Leagle Beagle, unfortunately, tuvalu's last activity was on 11th July 2010. I can't see any contact details on her profile. You could try sending her a PM as this might generate an email notification. Assuming her email hasn't changed. If you put something catchy in the PM title that might help as it should show up in the notification ...

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