PIP ASSESMENT TODAY- EQUALITY DUTY BREACHED !!!

Hi just returned from PIP assessment.

SUMMARY

1. CCTV AT FRONT DOOR AND IN RECEPTION WAITING AREA - I TOOK PHOTOS OF THE CCTV'S AND THE ROOM

2. Could not see the writing on the computer screen I have a learning disability , asked for reasonable adjustment as per report. The assessor did not have the LEARNING DISABILITY report or any previous reports from the DWP on my learning disability.

3.learning disability stated on claim form for PIP 2015 AND 5 YEARS PREVIOUS ON DLA forms reports/ letters have been sent RECORDED DELIVERY in to the DWP.

4.reasonable adjustment refused, asked for ENLARGED font, so I COULD READ .
PUT I WAS BACK IN RECEPTION

5.Rung ATOS at the assessment centre reception AREA as they had enlarged the medical assessment letter as per DWP and enlarged the PIP how your disability affects you form - all enlarged so I could read them. Lack of communication between DWP-ATOS-SUBCONTACTOR- ASSESSOR

6. 1 hour later , still not resolved

7. Starting crying and getting stressed , pain got worse.NAUSA

8.NO ADJUSTMENT , assessment ended BY ASSESSOR.

9. PHONED EQUALITY AND HUMAN RIGHTS COMMISSION

10. VOMITED

11 .PHONED SOLICTOR

Sindy wrote: Hi just returned from PIP assessment.

SUMMARY

1. CCTV AT FRONT DOOR AND IN RECEPTION WAITING AREA - I TOOK PHOTOS OF THE CCTV'S AND THE ROOM

2. Could not see the writing on the computer screen I have a learning disability , asked for reasonable adjustment as per report. The assessor did not have the LEARNING DISABILITY report or any previous reports from the DWP on my learning disability.

3.learning disability stated on claim form for PIP 2015 AND 5 YEARS PREVIOUS ON DLA forms reports/ letters have been sent RECORDED DELIVERY in to the DWP.

4.reasonable adjustment refused, asked for ENLARGED font, so I COULD READ .
PUT I WAS BACK IN RECEPTION

5.Rung ATOS at the assessment centre reception AREA as they had enlarged the medical assessment letter as per DWP and enlarged the PIP how your disability affects you form - all enlarged so I could read them. Lack of communication between DWP-ATOS-SUBCONTACTOR- ASSESSOR

6. 1 hour later , still not resolved

7. Starting crying and getting stressed , pain got worse.NAUSA

8.NO ADJUSTMENT , assessment ended BY ASSESSOR.

9. PHONED EQUALITY AND HUMAN RIGHTS COMMISSION

10. VOMITED

11 .PHONED SOLICTOR

Hi S,

I am not sure whether you are posing a query within your post ?

Yes, all Assessment Centre's "Public Areas" are covered by CCTV.

It is stated that this is for "security purposes" however, it is likely that claimants will be observed by Assessors via the CCTV.

As The DWP/ATOS/Capita are Public Service Providers, they are duty bound to make Reasonable Adjustments under : "Adjustments for disabled persons." Sections 20-21 Equality Act (EA) 2010 if you fulfil : The Definition of disability under the Equality Act 2010.

They also have a "Duty of Care" to you as at : Section 149 EA2010 "Public sector equality duty."

If the "writing on the computer" that you speak of was on the PC Screen of the Assessor carrying out the assessment, I am not sure that you have any rights to view this, and please correct me if I am misunderstanding you here, even though it does state :

"You will have the opportunity to sit side-by-side with the Health Professional during the consultation and explain your needs in your own words. You will be encouraged to discuss a range of topics that relate to your daily life. The Health Professional will make a record of your discussion during the consultation, which you will be able to view."

On : This ATOS Webpage

You could of course complain to ATOS and/or your M.P., as advised in my post : Here.

A similar scenario regarding the claimant being allowed to view the PIP PA4 Medical Report at the assessment was discussed : Here.

bro58

Hi
The ASSESMENT centre is privately owned , not a public building and definitely not OWNED by atos or connected to them no property rights.. etc
,
hence no signs no warnings .. nothing for CCTV RECORDINGS
THE ASSESMENT CENTRE IS NOT WHAT YOU THINK, IT IS ....

you stated "which you will be able to view" - I am not able to view because I cannot see it - fact - because of my disability

"view" noun the ability to see something or to be seen from a particular place

I have contacted the EASS as this is personal sensitive data under the DPA 1988 that is being written about me I must be able to see what is being written
.
If a person with a disability cannot read the screen , but a non disabled could in the same circumstances..ie without the disability

What would be the purpose of denying a reasonable adjustment to a person who is disabled? would it be fair? what is the legitimate aim?
is it proportional.
.
Anyhow the point is that they knew and had reason to know of my disabilities through my DLA claim and the PIP claim as the name suggests DISABILITY LIVING ALLOWANCE hence The public equality duty applies and I fully expect them to stop the pip claim now

Sindy wrote: Hi
The ASSESMENT centre is privately owned , not a public building and definitely not OWNED by atos or connected to them no property rights.. etc
,
hence no signs no warnings .. nothing for CCTV RECORDINGS
THE ASSESMENT CENTRE IS NOT WHAT YOU THINK, IT IS ....

you stated "which you will be able to view" - I am not able to view because I cannot see it - fact - because of my disability

"view" noun the ability to see something or to be seen from a particular place

I have contacted the EASS as this is personal sensitive data under the DPA 1988 that is being written about me I must be able to see what is being written
.
If a person with a disability cannot read the screen , but a non disabled could in the same circumstances..ie without the disability

What would be the purpose of denying a reasonable adjustment to a person who is disabled? would it be fair? what is the legitimate aim?
is it proportional.
.
Anyhow the point is that they knew and had reason to know of my disabilities through my DLA claim and the PIP claim as the name suggests DISABILITY LIVING ALLOWANCE hence The public equality duty applies and I fully expect them to stop the pip claim now

Hi S,

"The ASSESMENT centre is privately owned , not a public building and definitely not OWNED by atos or connected to them no property rights.. etc"

This is not relevant to ATOS making reasonable adjustments !

They rent/lease the vast majority of their Assessment Centres, and as they are a Public Service Provider, they come under the remit of EA2010.

I am unsure what you are getting at regarding CCTV, as that is a totally separate issue which has little bearing on the standard and quality of your assessment.

It seems that you have things well in hand !

Good luck !

bro58

My point is that the claimant is not allowed to record the assessment , so why are the cameras recording the claimant?

I was told the assessment starts when you enter reception , so having CCCTV in reception and in the doorways out on the street recording member's of the public may potentially require a licence. surely we can have a copy as the recording could be used in a tribunal?

Sindy wrote: My point is that the claimant is not allowed to record the assessment , so why are the cameras recording the claimant?

I was told the assessment starts when you enter reception , so having CCCTV in reception and in the doorways out on the street recording member's of the public may potentially require a licence. surely we can have a copy as the recording could be used in a tribunal?

Hi S,

Claimants are allowed to record their PIP face to face assessments, as long as they provide suitable dual deck recording equipment, and it it pre- arranged and agreed with ATOS.

Further information on this can be read under the heading : Recording Consultations on : This ATOS Webpage

Officially your PIP face to face does not begin until you enter the Consultation Room, unofficially we know that you are observed in the Public Areas.

There will be no CCTV in the actual Consultation Rooms, only in The Public Areas, as I have already advised.

There is nothing to stop you making a Subject Access Request (SAR) to ATOS under The Data Protection Act 1998 requesting copy of any CCTV footage that they have of you.

You would of course have to include dates, times, etc when issuing The SAR.

See : The ICO Information on issuing a SAR

I still cannot see where you are going with this and what you are trying to gain.

I certainly can't see how CCTV issues would help with a complaint regarding your Assessment, unless anything meaningful occurred that may have been caught on the CCTV footage.

Anyway, as I have previously said, Good Luck !!!

bro58