PIP Mandatory Reconsideration - Audio Recording as evidence

MrsJ1995

Hi,

I have written a letter as my Mandatory Reconsideration for a PIP award decision. I have cited the audio recording I made of my assessment, throughout the letter. I am going to include a copy of the recording on CD, as I was asked to if using it as evidence.

Has anyone else done this? Should the audio recording be saved as a CD which can be played in a CD player, or as a file on the CD which you could open once inserted into a computer (similar to a USB)?

Thanks in advance

GrumpyDil

If they asked for a CD I would write it as an audio so it played in a CD drive. 

HillStreetBlues

When using an audio recording  best to reference the times as well .
For example  "I told the assessor I could only walk 20 metres" (10.05)
A full transcript would be even better.

MrsJ1995

Ok, thank you both

Alice_Holt

The second DWP decision maker looking at a MR, is not going to listen to a recording - apart from anything else they won't have the time. 

It might be used at tribunal should the panel think it relevant to their decision. (I'm assuming that the recording was made with the consent of the assessing company).

So your best bet for the MR is to state that you have an authorised recording and quote the important sentences in your written evidence.

However, the vitally important evidence for both MR and tribunal stage, is to clearly show why and how the additional points should have been awarded.  

GiroBoy

Did you ask for permission to record the assessment? if not it may be inadmissible.

HillStreetBlues

GiroBoy said:

Did you ask for permission to record the assessment? if not it may be inadmissible.

The DWP have given up trying to exclude any recordings, covert or not.

MrsJ1995

I informed Independent Assessment Services on the phone in advance of the assessment and then also notified the Healthcare Professional at the start of the assessment, as requested. I'm including the CD as well as the quotes - even if the decision maker doesn't listen to it, it seems better to include it so they can't discount this as evidence.

Thanks for your help everyone

Muttleythefrog

GiroBoy said:

Did you ask for permission to record the assessment? if not it may be inadmissible.

I would refer to the latest official DWP guidance which effectively declares what HSB above states. The DWP were fighting a losing battle (the arguments of natural justice and processing of own data etc) so gave up. Note that even without notice of recording (i.e. covert) that (if discovered) would no longer risk the termination of assessment as previously had been the case.

Audio recording of PIP consultations

1.6.58 Upon prior request, providers have the facility to audio record telephone and face to face consultations. There is an expectation that this will remove or reduce the need for claimants to record consultations.

1.6.59 At a face to face assessment, the claimant must sign a consent form in which they agree to not use the audio recording for unlawful purposes. At a telephone assessment, consent should be captured verbally on the recording.

1.6.60 In some circumstances, claimants may wish to use their own equipment to audio record their consultation. The consent process above should be followed.

1.6.61 APs must publicise these conditions and include them in communications sent to claimants before they attend a consultation.

1.6.62 Video recording of consultations is not permitted. This is to ensure the safety and privacy of staff and other claimants.

Restrictions on claimants’ use of recordings

1.6.63 If it is only the claimant’s personal data that is being recorded then there are no restrictions on the use the claimant can make of the recording. However, the DWP reserves the right to take appropriate action where the recording is used for unlawful purposes – for example, if it is altered and published for malicious reasons.

Covert recording of consultations

1.6.64 A claimant may make a covert recording of the consultation without the HP being aware. If the HP notices that a claimant is covertly recording their consultation, the restrictions above should be explained to the claimant.

https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-1-the-assessment-process

MrsJ1995

Hi all, I received my 2 CDs back in the post today in an envelope, back from the DWP. There was no explanation or anything with them. Has anyone else had theirs sent back to them? Is it just standard procedure? Thanks in advance

sammyjammy

They'll just be returning your property thats all.