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Record PIP assessment to use for MR & tribunal

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8 years 10 months ago #165162 by chafur47
What type of agreement should I request PIP to ensure the transcript from the recorded tapes during forthcoming home PIP assessment, can be used for an MR and a at tribunal ? I was told on the phone today, that I can tape record but will not be able to use for MR or tribunal. Meanwhile, I found that it is possible to have a formal agreement that recordings can be used fr MR or tribunal, bu tnot how or which one., Thank you,

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8 years 10 months ago #165175 by Gordon

chafur47 wrote: What type of agreement should I request PIP to ensure the transcript from the recorded tapes during forthcoming home PIP assessment, can be used for an MR and a at tribunal ? I was told on the phone today, that I can tape record but will not be able to use for MR or tribunal. Meanwhile, I found that it is possible to have a formal agreement that recordings can be used fr MR or tribunal, bu tnot how or which one., Thank you,


This is not a clear situation, there are several pieces of legislation that might apply but neither is a good fit and it would likely be difficult to argue for or against the usage.

Two things.

First of all the Tribunal can order the production of the tape if they believe that that the information that it contains is relevant to the hearing. Although I will stress that it is very rare for a panel to consider that the recording of an assessment is necessary information for a Tribunal.

Secondly, unless the Assessment Provider states in their letter authorising the recording that it can only be done if certain restrictions are applied to the usage AND that your acceptance to these is implied if you carry out the recording, then they cannot apply restrictions after the event.

On a more practical note. If you need to use the contents of the recording then provide a written transcript of the relevant sections with an offer to provide the full tape if required, that way no restrictions are actually being broken.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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