Universal credit assessment

[BazzaS]

no covert recording would be admissible in law, civil or criminal

you do realise that if you use the search cag box of the top red tool bar

there are literally 1000's of threads on it

that invoke the 'self help' ethos of CAG that you appear sometime to forget.

 

I don’t believe it is as simple (for England & Wales) as “no covert recording would be admissible in law, civil or criminal“.

There is no “fruit of the poisonous tree” doctrine in the U.K., (that is a US criminal case doctrine).

I do agree it risks the recording being found inadmissible, though.

[BazzaS]

Er No... It doesnt work like that...

If you start recording without consent of the DWP workers etc whoever they maybe then it could delay it further.

Bad idea...

 

The OP was talking about covert recording, though.

If the recording was sufficiently covert, how would the DWP know to delay the assessment?.

 

There is still the separate issue of admissibility, though, if the OP wishes to later rely on the recording in proceedings.

[fkofilee]

The OP was talking about covert recording, though.

If the recording was sufficiently covert, how would the DWP know to delay the assessment?.

 

There is still the separate issue of admissibility, though, if the OP wishes to later rely on the recording in proceedings.

 

Well yes however IMHO it would be wrong to do it covertly... Plus it would be worthless in some aspects, once again as you say - admissibility...

[spitfire1964]

UC is paid 1 month in arrears, just like most salaries

Attend the Medical Assessment, you have experience of consequences if you fail to attend.

Several MPs and the Press may be interested in your story, if you contact them.

 

Hi marina51,

 

I will be attending the MA, at least I have been giving notification to attend by the DWP this time around.

 

I have never had any reason not to attend my assessments before, I have voiced my concerns and to my MP about how the DWP give notification and rely on the PO and another ancient means of communicating such an important assessment by and in theory relying on a second class stamp.

 

Unfortunately I lost my ESA because I was not giving notification, or was sent notification but not delivered by the PO, giving millions of letters are lost or not delivered every year, for the DWP and the Goiverment to rely on a third party to give notification with evidence to suggest notification will never be guaranteed in this day and age again is ancient.

 

I have made the suggestion to my useless MP, that all notifications of medical assessment should be served by way of guaranteed delivery, or signed for which is not unreasonable and a more secure means of any claimant receiving a notice or for the DWP not to be able to rely on an allegation that the notice was sent, as is the case with me.

 

My MP has failed to even acknowledge my reccomendations for change, which and giving his track record, comes as no real surprise.

[spitfire1964]

Er No... It doesnt work like that...

If you start recording without consent of the DWP workers etc whoever they maybe then it could delay it further.

Bad idea...

 

As DX says... Go have a read...

 

I will give notification, as for asking for consent, as I understand matters Section 36 of the DPA 1998, there are no legal obligations placed on me ( public ) cannot covertly record interviews nor telephone conversations.

 

If and like the last time the assessor commits blatant fraud by giving false medical evidence as an individual as I suspect fraud is about to be commited on me, an individual, I have the right to rely on that evidence.

 

In fact I could make a citizens arrest if the medical report is at complete odds with what actually took place and shown on any evidence of recordings.

[dx100uk]

you seriously have some wild ideas SF.

 

 

dx

[spitfire1964]

you seriously have some wild ideas SF.

 

 

dx

 

What because I want to record an assessment, what is so wild about that dx?

 

What is seriously wild is why the DWP and their assessors are so adamant and objectional to something so simple.

 

I've got nothing to hide, they can record the assessment and I will not object, I will give them that option, lets see if they are open to my invitations.

 

Do you believe all these medical assessments are merely based on hearsay evidence, is wild,? because that is what is in place at the moment, and unfortunately a lot of people lose any entitlement that they may have because it is based on the word of one person, or in truth a health professional who can and will make a tidy profit because of someones elses misfortune, being disabled.

[dx100uk]

In fact I could make a citizens arrest :

[spitfire1964]

In fact I could make a citizens arrest :

 

Believe or not before before the introduction of the police and the CPS, that's how it worked, and still could work, in this Country.

 

Believe or not, those rights are still reserved, and believe or not even medical assessors commit fraud, and believe or not are not above the law, quite the reverse.

[BazzaS]

In fact I could make a citizens arrest :

 

“Could” and “should” are two very different beasts .....

[BazzaS]

Why I secretly filmed my disability assessment

http://www.bbc.co.uk/news/health-41581060

[spitfire1964]

Why I secretly filmed my disability assessment

http://www.bbc.co.uk/news/health-41581060

 

And I say fair play to him.

 

So giving this gentleman was allowed to use the transcript by securing the recording evidence, surely and this means all Claimants who now face an assessment for PIP are allowed to copy transcript of their assessment if it is shown to be at complete odds with what the medical assessor for the DWP alleges in their report.

 

I would argue and anyone having to attend an assessment for PIP follow Nev Cartwright means of proving his disability, if a Tribunal has allowed this, and rightly so, for one individual, others in the same position should rely on this case, as all other individuals should expect those same rights allowed.

[BazzaS]

The bbc news story makes the point that an exception was made.

If this was in the county court or a first tier tribunal : it isn’t binding on other courts / tribunals.

[spitfire1964]

So there would be no reason for any other Claimant not to follow suit and rely on any transcript of evidence from a recording on the very same grounds, an exception.

 

Would same a bit unfair if one individual could rely on that meaning, and no-one else.

 

Have the DWP appealed this decision?

[spitfire1964]

So there would be no reason for any other Claimant not to follow suit and rely on any transcript of evidence from a recording on the very same grounds, an exception.

 

Would same a bit unfair if one individual could rely on that meaning, and no-one else.

 

Have the DWP appealed this decision?

 

Or can they appeal?

[spitfire1964]

I was thrown off ESA ( support Group ) and any subsequent payment's because the DWP imposed their right to stop that benefit and on the same assessment because I failed to keep to the appointment and thrown onto UC and without the benefits I was receiving for being disabled.

 

Today I arrive at the Centre ten minutes before my appointment and I am told I cannot have the assessment because the file has not been sent.

In otherwords the DWP have failed to attend or give me the opportunity to take their medical assessment as in theory they and not me have stopped the assessment from going ahead.

 

If they can stop my benefits because an assessment has been missed I want any benefits as a result of this fully reinstated because their actions and like mine denied that assessment from proceeding today.

 

If you are going to rely on rules maybe they need to adopt those same princibles as the rules and any reliance on them are their not only for the DWP but also the Claimant.