new diagnosis. COC, awful assessment /want to complain to capita

Hi DazedandConfused,

To add to what latetrain has stated - all of which I agree with- the basic concept is one of privacy - this attaches to the data protection laws that came in a few years back. However, you also have a right to justice and decisions about benefits to be made correctly. (Because everyone has a right to receive benefits if they meet the eligibility requirements.) DWP do have to take responsibility for their decisions and that also means taking responsibility for their assessors who will clearly sway the decision makers at DWP.
I reiterate what latetrain says - it's not illegal to make a covert recording of an assessment. NEVER do this for a tribunal hearing.
If you can get ChatGPT or whatever to provide a transcript then please do this. Create a transcript like a film script. (You can then provide another annotated one to go with it later.) So think of it as a movie scene - how would a pair of actors recreate this - here's an example

Assessor (A): Tell me about what you do when you go shopping?
(your name) (YN): I don't go shopping.
A: What do you do if you want bread and milk, where is the Tescos?
YN: I don't go shopping. Tescos is about half a mile away.
A: Can you walk to Tescos?
YN: I don't ...(something inaudible...) I...I don't, I don't, can't...if (3 loud thuds are heard) ( 3 second pause) I don't really know....

Then if you wish/need you can produce an annotated version eg (using the same example)
Assessor (A): Tell me about what you do when you go shopping?
(your name) (YN): I don't go shopping.
A: What do you do if you want bread and milk, where is the Tescos?
YN: I don't go shopping. Tescos is about half a mile away.
A: Can you walk to Tescos?
YN: I don't ...(something inaudible...) I...I don't, I don't, can't...if (3 loud thuds are heard) ( 3 second pause) I don't really know.... I was in tears and shaking violently at this point, not heard on the recording. The 3 loud thuds are the noise is because I banged the table hard in frustration

Give times of anything important

Thus the annotation can include things happening that aren't heard, how you are feeling, the tone of the assessor, being held on the hand by your friend and him nodding and reminding you of the answers, it could be also a comment such as (for another possible example) 'I didn't feel the assessor was listening to me, I was in terrible pain, I just kept saying yes, so I could go and lay down...'
additionally the annotation could be alongside the example passage above- 'I said 3 times very clearly that I don't go to Tescos. However at page 12 of the report the Assessor states that I 'go to Tescos 3 times per week, to get bread and milk, and a further large weekly shop is done every Friday.'

The actual transcript is just as it appears on the recording- then annotate on a copy as you wish.
You can then send either a CD recording or just the transcript (explaining that you will send the recording if requested.) Always keep a copy of anything you send.

Your complaint/MR letter could be eg
I wish to complain about the very poor standard of the Assessment Report made on [ date] and the manner in which the Assessor spoke to me.
I have made a recording of the assessment and provide a transcript. I have also included an annotated version which provides further information. I enclose a copy of the actual recording.
There are many things written in the report that do NOT correspond with anything I actually said either during the assessment or indeed at any point in any part of the claim form.
[Then give some examples of the major discrepancies, continuing with the previous example]

1. I said 3 times very clearly that I don't go to Tescos. (Transcript 5min 45) However at page 12 of the report the Assessor states that I 'go to Tescos 3 times per week, to get bread and milk, and a further large weekly shop is done every Friday.'
2. I told the assessor that I had fallen twice last week, and once the previous week. (Transcript 10min 23) The report states 'Balance is good, never falls' (page 11)

..... provide three or 4 bullet point of discrepancies

Then say that
Assessor clearly did not listen to what I was saying as the report has many factual errors, including things that would be impossible for me to do. From the outset, the Assessor's manner was very impolite and rude, and this can be observed by his manner of speaking.

Then add what you want to achieve by making the complaint
EG
Please confirm in writing that
1. The Assessment Report of [date] will NOT be taken into consideration in making the decision on my benefit claim
2. Please supply details of what investigations and or disciplinary steps have been taken in respect of the manner of this Assessor

.....etc etc

I hope this helps and good luck!
LL26

Hi DazedandConfused,
It is not illegal to record covertly.
It is not a criminal offence to use such a recording in a legitimate way ie to prove /disprove what was said in assessment, and the recording isn't edited in anyway.
DWP can choose to accept it or ignore the recording/transcript as they can with any piece of evidence.
At a Tribunal if you need to appeal, again the Tribunal can accept it ignore the recording/transcript. They would have to provide reasons explaining why such evidence was not relied upon.
I know you are very worried about this but you are doing nothing wrong. If assessors wrote decent reports that reflected the evidence recordings would not be required.
Keep going. Please don't give up.
LL26