Hi, my name is MaryEllen!

MaryEllen

My friend attended a DWP  atos  work  assessment and was astounded to find out that she was sitting with his medical files ! He was further 
outraged that the files from childhood were not his ! He is 25 ,this is
a disgrace and a breach of the Data Protection Act. 
Privacy is being invaded by the DWP .
Everyone should write to their MP and protest that medical files  are 
being released without permission and that the DWP have a contract
with Doctors! There is no more patient confidentiality !!!

thespiceman

Hello @MaryEllen    Pleased to meet you.

Thank you for joining and sharing.

I am one of the team of community champions.  We guide, advise and help members.

Please I am sorry to hear this.

Please can I just add one point. DWP have a contract with the Medical Advisors.

Who are appointed by the Government.

The Doctors are not involved in any contract .

They only if requested by DWP to supply relevant information to the medical assessors.

If ever needed. Reason why you always have supply any evidence .

They never contact Doctors.

Please I hope that helps.

Please if I can help with anything further please get in touch.

Please take care.

@thespiceman

MaryEllen

The Doctor's receptionist said that GP's have a contract to provide information to the DWP.  The fact that my friends medical records were released without his permission is evidence of a Data Breach.
I note that you contacted me at my email address it would be helpful lo know your email address.

poppy123456

MaryEllen said:

I note that you contacted me at my email address it would be helpful lo know your email address.

Hi and welcome,

I'm one of the community champions here at scope and i'm here to give help and advice to others.

My friend @thespiceman didn't contact you at your email address because he wouldn't have know what that email address is. What you received was a notification that you have received a message to your question here on scope. If you'd rather not receive any notifications then you can turn them off in your account settings on here.

Scope do not allow sharing of any personal details on here because of safety reasons.

MaryEllen

Thank you Poppy.

It is important that everyone is aware that records are being released
and that they contact their Doctor and MP to say they do not want
this . The Doctor should only be giving information specific to a medical condition, 
 

poppy123456

GPs do not have any contract with DWP or vise versa to share any medical files because of data protection. DWP very rarely contact anyone for any evidence.

I'm confused by your post because in the first comment you said that the files that were with the HCP didn't belong to your friend. Then you said that your friends medical files were released without his permission.

If DWP contact a GP for information for the work capability assessment they are sent a form called ESA113, which is a tick boz form. See link. https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/251339/esa113-interactive.pdf

I suggest if your friend has any complaints regarding the assessment and the HCP then they need to contact the health assessment providers. Details how to do this will be on their website.

MaryEllen

My friend has taken appropriate action and I must point out that  Doctors are being told they do not have to ask permission from their patients .Read what I said again it will become perfectly clear.
I did not post to debate but to make the public aware and to contact their MP .

poppy123456

GP's do indeed need to ask for permission to share any medical files because of data protection and DWP do not have any contract with any GP to share any medical files.

I never indicated that you did post a debate i was just stating facts.

MaryEllen

Poppy
I have stated facts . 
Let's leave it at that.
Thank you

chiarieds

May I respectfully say that Poppy has helped hundreds of people here in Scope's online community about many benefits. Similarly thespiceman has been helping others here for over 2 years also. They are both volunteers (called Community Champions) who assist the Scope team many times a day, & between them have a vast amount of knowledge. Neither would ever, ever, post any incorrect information.

poppy123456

@chiarieds thank you my friend for you support here, very much appreciated!

poppy123456

I'm sorry but DWP or anyone else can not obtain any medical records without consent of the claimant and DWP most certainly do not have any contract with any GP to obtain any medical records. I wlll make no further comment on this thread. Enjoy the rest of your evening.

thespiceman

Hello  @MaryEllen    thank you to my friend @chiarieds kind words and support.

Sorry to tell you in support of my friend  @poppy123456 .

The lady is correct in the information given to you.

Thank you.

@thespiceman

MaryEllen

In this instance you are both incorrect  and as you are giving advice to the public
why do you do this anonymously ? 

it would be appropriate for you to graciously accept that the DWP, through their representatives, are telling Doctors, they do not need permission from their patients to share their private Data . they claim they already have permission. They are misleading GPs .This has resulted in many cases of full medical records being sent to the representatives of the DWP and, in my friend's situation. part of the medical records released were not his. This resulted in a breach of the Data Protection Act with regard to my friend and someone else, whose Data was mixed up with his.

Further ,my friend was told that their GPs have a contract with the DWP. 
The public need to be made aware ,to protect their right to privacy, by contacting their MP and GP. The only information the DWP need to access is that which is relevant to a clients specific medical condition.




 

Adrian_Scope

Good morning @MaryEllen and welcome to the community. 
I'm sorry your friend was so taken aback by the assessor having access to his medical records and wish him the best of luck with the outcome of his Work Capability Assessment.

However it does sound as though the GP receptionist was a little confused. There isn't actually any contract in place permitting the DWP to access medical records without consent, BUT consent is actually obtained when applying for ESA/LCW as it's part of the Capability for Work questionnaire.

The Capability for Work questionnaire has this just above where you sign:

I agree that 
– the Department for Work and Pensions 
– any Healthcare Professional advising the Department 
– any organisation with which the Department has a contract for the provision of assessment services may ask any of the people or organisations I have mentioned on this form for any information which is needed to deal with 
– this claim for benefit 
– any request for this claim to be looked at again and that the information may be given to that Healthcare Professional or organisation or to the Department or any other government body as permitted by law.

I also understand that the Department may use the information which it has now or may get in the future to decide whether I am entitled to 
– the benefit I am claiming 
– any other benefit I have claimed 
– any other benefit I may claim in the future 

I agree to my doctor or any doctor treating me, being informed about the Secretary of State's determination on 
– limited capability for work 
– limited capability for work-related activity, or 
– both

MaryEllen

Hi Adrian

Giving information about a medical condition does not imply the right be given medical records . Medical records are private. Doctors are able to write reports, but specific permission is needed to access medical records ,and that is not what the public sign for on
an ESA form. 

I should point out that I did not come on your site to debate or ask for information but to make the public aware of  Data Protection Breaches.

I do not want any further emails about this. 

Thank you  

poppy123456

As i advised earlier in the thread, when someone comments on this thread you will receive an email notification. If you don't want to continue to receive those then you can turn off them in your settings on here. If you don't turn that off then you will continue to receive those emails.