Recording calls?

LindaA_6439_30,

As Adrian suggests you could make a subject access request to the relevant bit of PIP. I'm not sure it is correct that all calls to DWP are recorded (some of course are for legal and training purposes, and this is what it says in the auto response you get when you ring PIP, but it states 'your call may be recorded', not that it will be).

Hopefully your MR request will be successful. If it isn't, the non-availability of part of your phone call will be relevant to the tribunal looking at your decision. The tribunal can make a direction asking for the DWP to supply, for example, any notes or records which were made on the day by the department to whom your call was passed. Anything which the department does hold about you is personal information and you have the right to see it (via a subject access request, as above), and/or, if you have to appeal, you can ask the tribunal to issue a direction insisting that the DWP provide information about that phone call.

If the phone call and what was said in it is crucial to your decision, and no recording is available, then the tribunal can decide what that means on the balance of probabilities. For example if you took notes during the phone call, that is evidence of what was said. Equally, the DWP may have some evidence at their end.

If there is any doubt that you requested an MR (I'm not sure if that is the issue) then you could try appealing without an MR notice, providing the tribunal with as much information as possible to prove that you did ask for one and that the DWP has considered your application. It is ultimately up to the tribunal to decide whether you have a right of appeal. This isn't easy to do but I mention it in case that is the problem.

Will