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What is the status of a self recorded audio?

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3 years 9 months ago #261710 by Carbonel
Apologies if this has been done to death on here, I can't find a search box to search for similar threads.

I recently had a telephone PIP interview for reassessment after which they stopped my award completely.

Every DLA/PIP/ESA interview I have ever done I have requested it be recorded but I wasn't aware you could ask to record telephone interviews.

I recorded it at my end nonetheless, and the assessor was on speakerphone.

What is the legal status of my own recording? Can I refer to it? Can I make a transcript from it?
Can I quote my own words from it?

Tia.

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3 years 9 months ago - 3 years 9 months ago #261730 by Catherine
Replied by Catherine on topic What is the status of a self recorded audio?
Hello Carbonel,

If you are at the MR stage I would personally keep it up my sleeve, but say things like ‘I told the assessor ….’, and ‘the assessor did not ask me …’, and you can include quotes, but without actually saying they are quotes. Since the DWP don't have a copy of your recording, as they would if it was one they can made, they may not like you stating that you are quoting directly from it since they are not in a position to check the accuracy of your quotes.

The legal status of your recording is that it is for your personal use. This obviously can be used in the preparation of submissions and if your application gets to an Appeal Tribunal then it should be possible to play (selected parts) of the recording to the tribunal, and with that you can submit an unauthorised transcript (assuming you are the person who is doing the transcription). The only reason I said should be possible, is that you will need to establish prior to the hearing that they have the ability to play audio recordings in whatever format you bring.

Catherine

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 3 years 9 months ago by Catherine.

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