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TOPIC: ATOS assessment - audio recording (PIP) support

ATOS assessment - audio recording (PIP) support 1 month 1 week ago #172533

Jim Allison wrote:
There is nothing to prevent you making a covert recording on a dictation machine

Though my understanding sounds mistaken, I'd thought the assessor has the right to terminate an assessment if it is found that a covert recording is being made.

Can such a covert recording be made on a mobile phone or for some reason, does it have to be on a specific dictation machine.
Last Edit: 1 month 1 week ago by Gordon. Reason: Fixed quote
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ATOS assessment - audio recording (PIP) support 1 month 1 week ago #172535

  • Gordon
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Louisa wrote:
Though my understanding sounds mistaken, I'd thought the assessor has the right to terminate an assessment if it is found that a covert recording is being made.

Can such a covert recording be made on a mobile phone or for some reason, does it have to be on a specific dictation machine.

It is legal for you to covertly record the assessment, however, this is does not mean that the assessor has to accept you continuing to record if discovered.

Since the recording is being made covertly there are no restrictions on the device you can use, although I would suggest a tape or CD recorder if possible, although they may not be practical for the situation. A digital recording runs the risk of the DWP querying the validity of the content, but this should not be anything to worry about, the admission of the evidence is down to the panel.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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ATOS assessment - audio recording (PIP) support 1 month 6 days ago #172547

Arguably, this post would be better off starting a new thread. If the mods agree, feel free.

This post has been prompted by Jim Allison's contribution and is to flesh out what evidence a Tribunal can and can't accept. Please be aware that this doesn't cover every single situation.

In short, there is very little evidence a Tribunal cannot legally accept. So long as the circumstances are "obtaining" (in existence) at the time of the decision, evidence relating to those circumstances is normally admissible even if it comes into existence after the decision. For example, a relevant medical condition could be diagnosed before the benefit decision but it is only after the decision that a scan / x-ray / report etc becomes available. That later evidence would be admissible.

Even if evidence is obtained unlawfully, it is for the Tribunal to determine whether it should be admitted and, in turn, what weight should be attached to that evidence. Of course, if there has been a breach of the law, that could lead to separate enquiries by the relevant authorities. However, that doesn't negate a Tribunal's right to consider the evidence.
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ATOS assessment - audio recording (PIP) support 1 week 1 day ago #175331

with regards to covert recordings, when would the best time be to bring the recording into the open?

a. when asking the dm to look at the decision again or

b. when going to appeal?

thanks
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ATOS assessment - audio recording (PIP) support 1 week 1 day ago #175346

I don't know whether DWP would agree to consider a covert recording. However, the appeal panel are able to consider any evidence they see fit (they would probably want a written transcription of the recording rather than the recording itself).

However, you must remember that the important thing is to show how/why you meet the descriptors, showing that the assessor was not factual could be a side issue.

The appeal panel pay less attention to the assessment anyway, they are more interested in hearing from the claimant about their limitations. A transcript of the recording could help clear up discrepancies though.
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