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DLA and ESA Medical Reports - Important Note

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  • You've sent me a link to a statutory instrument that provides instructions to the NHS on the conduct of their record keeping.

    The ACCESS TO MEDICAL REPORTS ACT 1988 and ACCESS TO HEALTH RECORDS ACT 1990 are the appropriate statutes to refer to.

    The first act entitles you to see ANY report that is issued PRIOR to its submission when it is connected to employment or insurance. This would pick up the submission of reports in connection with ESA, as such reports would be connected to your ability to work or not work.

    The second act is concerning general access to your health records. Combined with the DATA PROTECTION ACT 1988 (which would allow you to insist on corrections being made) it enables you to have access to the reports concerning DLA at any time. This access is confirmed on the Directgov website (scroll down to the bit about the Doctor's report). The website also confirms that you will not "usually" be sent a copy of the report prior to it being submitted, meaning that you have to ask for it in accordance with the statutes.

    One other thing - my request for an apology was grouchy and unnecessary. We're supposed to be here to help each other, not argue amongst oursleves. 22 years dealing with statutes and regulations and more letters after my name than in it has shown me that.
    In the beginning, the universe was created. This made a lot of people very angry and was widely regarded as a bad move.
    The late, great, Douglas Adams.
  • Ahh.... We've reached the point of slinging insults now have we? This forum is not moderated, but I have reported your post.

    If you have something constructive to say, please say it. If you want to throw insults around, go play elsewhere.
    In the beginning, the universe was created. This made a lot of people very angry and was widely regarded as a bad move.
    The late, great, Douglas Adams.
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