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Change of Circumstances Assessment (Awaiting decision)

Big_Bill_Adama

Hi all, any advice would be greatly appreciated. I recently submitted a change of circumstances (My condition has worsened and I was officially diagnosed with a mental health condition). Previously I had not claimed for my mental health, just my physical condition - I'm not really sure why, I just thought I was stupid and forgetful, not disabled.

I had my assessment and at the beginning I asked for the assessment to be recorded. The assessor said "I've never been asked to record before". She then went away for a few minutes and started saying the disclaimer but I had already panicked and so I said look don't worry about it. She said no problem I won't record. I had started recording on my end and forgot about it until the assessment was over.

I got the report as soon as I could request it. She changed nearly everything I said and completely disregarded my mental health condition. She put things down like I wasn't prompted when both her and my wife had to prompt me.

Basically, her justification was that I "hold down a professional job", "went through mainstream education", and "completed a university degree". She stated that I did not receive any support, despite being told I was registered with the university disability services, and received equipment and software. She was also informed that my condition had deteriorated with age (no mention of this). She was informed that I had a mental breakdown earlier in the year (no mention of this). I could go on and on.

I informed DFC that I have the recording and sent them a big list of discrepancies and that I will be lodging a complaint with Capita. I spoke with Capita, had to phone 5 times despite being told they will get back to me within 48 hours.

Finally, today the Customer Relations people phoned and apologised etc. and told me have passed it to their clinical team to assess and they HAVE a recording... so the assessor kept recording after I withdrew permission. In a way i'm glad because it verifies my recording. But I have her acknowledging that I withdrew consent recorded. I received no text or any indication there was a recording. Capita have started an investigation into everything and I have requested the recording they have so that I can make sure it has everything.

Does anyone have any advice for the situation? Sorry for the long post. TIA

TLDR: Assessor lied about A LOT of things, I recorded it. They recorded it without consent (and I assume without knowing). I nearly didn't record but thank god I did as that 'nice' woman would have done a lot of damage to my case.

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Comments

Marydoll5

Thats terrible. I recently had a phone assessment and when I got the report I was shocked to see lies printed. Thankfully Dept for Communities gave me same rating as last assessment and 4 rather than 3 years Capita wanted to reassess me. Lesson learnt, I am going to always record in future. Good luck and well done for tackling Capita. It's not easy when you aren't feeling well mentally.

Big_Bill_Adama

Thanks for your reply. The report recommended the same as I had before which is standard but I really tick the boxes for a lot more but the assessor completely disregarded them.

Big_Bill_Adama

woodbine said:

So have I got this right you are unhappy they recorded but at the same time you were recording but hadn't told them?
Sorry but thats how it reads???

You seem to have misunderstood the basic premise. I am entitled to covertly record my assessment as per government ruling. What I am a bit disturbed about is that they broke GDPR by recording my assessment without consent. They also did not provide me with the link to this as they should have.

Any clearer?

Big_Bill_Adama

woodbine said:

still doesn't make it right, how can it be ok for one side to "covertly"record but not the other? doesn't make any sense. Any clearer?, however I'm out of here as I don't have enough time to go round in circles arguing points of law.

It’s very simple. It is MY personal data that is being recorded, no one else’s.

edit: I sincerely hope you don’t give other users on this forum advice…

Big_Bill_Adama

woodbine said:

Big_Bill_Adama said:

woodbine said:

still doesn't make it right, how can it be ok for one side to "covertly"record but not the other? doesn't make any sense. Any clearer?, however I'm out of here as I don't have enough time to go round in circles arguing points of law.

It’s very simple. It is MY personal data that is being recorded, no one else’s.

edit: I sincerely hope you don’t give other users on this forum advice…

you sincerely hope wrong but like others I do my best and give my time freely, now I really am out of this one and wish you good luck you might need it

Dear lord, why would I need luck? Please do research before commenting on issues you know nothing about.

Albus_Alumni

Hello all,

We want this discussion to continue, but we’re concerned that things are becoming quite tense and could easily escalate.

Please remember that all discussions on Scope’s online community should remain civil, supportive, and safe.

We will continue to closely monitor this discussion, but if it escalates further, we may choose to pause, close, or even hide the discussion.

For more information, please read our online community house rules.

Big_Bill_Adama

Albus_Scope said:

Hello all,
We want this discussion to continue, but we’re concerned that things are becoming quite tense and could easily escalate.
Please remember that all discussions on Scope’s online community should remain civil, supportive, and safe.
We will continue to closely monitor this discussion, but if it escalates further, we may choose to pause, close, or even hide the discussion.

For more information, please read our online community house rules.

Thank you I agree. The user has entered a discussion with an argumentative/confrontational attitude on a topic they don’t understand.

poppy123456

Actually the rules for covertly recording an assessment did change back in 2022 and you can now record your assessment this way. What you can’t do is use that recording at a Tribunal. See link for confirmation. https://www.benefitsandwork.co.uk/news/dwp-now-allows-claimants-to-audio-record-pip-assessments-on-their-mobile-phones

In relation to covert recording, the guidance now says:

“A claimant may make a covert recording of the consultation without the HP being aware. If the HP notices that a claimant is covertly recording their consultation, the restrictions above should be explained to the claimant.”

Previously, if a claimant was found to be covertly recording an assessment the guidance said that they should be asked to stop and, if they did not do so, the assessment would be terminated for failure to participate.

Big_Bill_Adama

TheManFromLondon said:

Bi

Albus_Scope said:

Hello all,
We want this discussion to continue, but we’re concerned that things are becoming quite tense and could easily escalate.
Please remember that all discussions on Scope’s online community should remain civil, supportive, and safe.
We will continue to closely monitor this discussion, but if it escalates further, we may choose to pause, close, or even hide the discussion.

For more information, please read our online community house rules.

Thank you I agree. The user has entered a discussion with an argumentative/confrontational attitude on a topic they don’t understand.

You agree to what? @Albus_Scope didnt say @woodbine was at wrong, you just like this to be true. Your reply here shows how manipulative you are, by adding a negative comment on replying to a post from a moderator that asks tones to be brought down, and I only see your tone being harsh and insulting (re the comment woobdine should not offer advice).

I am being passive aggressive and controlling? In what way? @woodbine entered the discussion in an actively aggressive much in the same way you did.

to be clear, I withdrew consent, and the assessor acknowledged it. GDPR is a very serious business.

if you would like to educate yourself please see link below.
https://www.benefitsandwork.co.uk/news/dwp-now-allows-claimants-to-audio-record-pip-assessments-on-their-mobile-phones

Mods if you could delete this discussion that would be great. Clearly there is not much advice to be gained here.

Big_Bill_Adama

TheManFromLondon said:

woodbine said:

still doesn't make it right, how can it be ok for one side to "covertly"record but not the other?

Totally agree. The OP is at the very least unreasonable and try to make a benefit out of every little thing, so much so, ending up claiming when they do something is fine, when others do the same thing its not.

The HP and Capita can take action against the OP for recording without telling them (and before you claim the law, you TOLD THEM DONT WORRY ABOUT IT), and while they wouldn't normally take the time, if you poke the bear enough, they might.

On top of all that, it is the OP who confused the heck out of this situation, and again, tries to take advantage of it.

This will go nowhere. There is no "compensation", if you know what I mean.

The OP should use their time to prepare their MR.

NB: This mess, and unreasonable demand, can play out very bad at a tribunal, if DWP bring it up, as it indicates an opportunistic nature.

Can I just say, your lack of knowledge on disability law is shocking. Why would anyone post in a discussion they know nothing about? If you find covert recording morally wrong, take your views somewhere else, I didn’t ask for anything on that topic. What I find morally wrong is an assessor lying about what was said in a disability assessment.

Big_Bill_Adama

poppy123456 said:

Actually the rules for covertly recording an assessment did change back in 2022 and you can now record your assessment this way. What you can’t do is use that recording at a Tribunal. See link for confirmation. https://www.benefitsandwork.co.uk/news/dwp-now-allows-claimants-to-audio-record-pip-assessments-on-their-mobile-phones

In relation to covert recording, the guidance now says:
“A claimant may make a covert recording of the consultation without the HP being aware. If the HP notices that a claimant is covertly recording their consultation, the restrictions above should be explained to the claimant.”
Previously, if a claimant was found to be covertly recording an assessment the guidance said that they should be asked to stop and, if they did not do so, the assessment would be terminated for failure to participate.

Thank you Poppy, nice to see someone has some knowledge.

Community_Scope

Note from online community team:

Hello,

Following review, we have chosen to close this discussion as we felt it was no longer in keeping with our online community house rules of remaining civil, supportive, and safe.