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Covert recording of ESA/PIP Assessments

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5 years 11 months ago #230133 by bluey149
Covert recording of ESA/PIP Assessments was created by bluey149
Hi all
I’ve just read on another site that, after consultation with the ICO (Information Commissioners Office), covert recordings can be used at Tribunals as evidence. This is apparently due to Tribunals being outside the Public Domain. Does anyone know if this is the case.

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5 years 11 months ago #230178 by Gordon
Replied by Gordon on topic Covert recording of ESA/PIP Assessments
Chris

Tribunals, as a Court of Law, always had the right to include covert recordings as part of a Social Security Tribunal hearing but it is very rare for them to do this and I can count the occasions that I am aware of on one hand with fingers to spare.

The reality is that with perhaps 45 minutes allocated to a hearing the panel is far more interested in understanding how the claimant meets the Descriptors for an award than looking a whether the assessment report is accurate or note. See

www.benefitsandwork.co.uk/news/3688-most...enior-tribunal-judge

Gordon

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

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5 years 11 months ago #230197 by bluey149
Replied by bluey149 on topic Covert recording of ESA/PIP Assessments
Thanks Gordon. I also read a post on this other site, written by a company that levy a charge for their assistance with PIP. They stated that the HCP carrying out an assessment has to allow a claimant to read what they have put on their computer if the claimant requests this. I have never heard of this before, is this correct.

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5 years 11 months ago #230205 by Gordon
Replied by Gordon on topic Covert recording of ESA/PIP Assessments
Chris

Yes, you can ask at the end of the assessment to see what has been recorded but be aware the bulk of the report is written after the assessment.

Gordon

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