Physiotherapists carrying out MH assessments

Hi,

I'm appealing an ESA decision, partly on the grounds that a mental health assessment carried out by a physiotherapist has no probative value whatsoever. See the B&W news article below.

Judge rules Atos physio’s evidence of no value in mental health case (members only)

I'd just like to alert anybody else who may be appealing on these grounds, that the DWP's defense to this argument is JF v SSWP (IB) [2011] UKUT 385 (AAC)

Unfortunately, Judge Ovey of the upper tribunal thinks it's okay for people without appropriate qualifications to carry out medical assessments provided they have received the standard HCP training, but this decision does refer to registered nurses, as opposed to physiotherapists.

Hi Derek,

Yes, it has always been DWP's contention that every assessor, no matter what their professional discipline, has been fully trained by the assessment provider and can, therefore, make recommendations on all claims.

I thinks it's wrong tbh. My assessement is at a Chiropractors!! What do they know about mental health? Yeah they may have done a training course on how to carry out an assessment but they have no understanding or knowledge of mental health issues. I already know I will be turned down now.

My PIP assessment was held at a local 'therapy centre'. However, ATOS have simply rented rooms in this building, the assessments are not being carried out by the therapists but by a registered nurse employed by ATOS.

I think it unlikely that your assessment will be carried out by a chiropractor, even if the venue is a chiropractic clinic.

By law, ESA assessments at least, have to be carried out by a registered doctor, registered nurse, registered physiotherapist, registered occupational therapist, or a registered plummer (only joking about the last one). The qualified occupation of the health [couldn't] care [less] professional will be on the medical report.

The upper tribunal decision that the DWP are relying on does state that tribunals have to consider, when assessing the reliability of a report:-

1. the level of the author's expertise
2. the knowledge of the claimant possessed by the author
3. the date of the evidence
4. its comprehensiveness, and
5. its relevance to the issues the tribunal has to determine

In the case of a physiotherapist carrying out a mental health assessment, I think the first item on the list is enough to argue that a tribunal cannot give the report much weight.