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Covert recording

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1 year 5 months ago #280844 by Pepper
Covert recording was created by Pepper
Hi,

I covertly recorded my telephone interview, which I now want to use as proof, that the HP report is not what was said throughout the 1hr 50 minute review. Is this, illegally or can I use it?
Thanks

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1 year 5 months ago #280862 by Gordon
Replied by Gordon on topic Covert recording
Pepper

You can but there are limits on what you can do.

First, you cannot make your recording available to anybody else, the exception to this would be at a Tribunal where the Judge can decide to include it as evidence. Doing so would breach the privacy of the assessor

The way around this is to transcribe the recording and then you can use it where you want.

It will be of less use at the MR stage than a Tribunal, for the former try and stick to black and white issue such as;

"the assessors recorded I can drive, I actually said that I do not do this"

You can try and deal with more grey issues but you will likely fall foul of the assessor's opinion being preferred to your own.

Be aware, most recordings have both helpful and unhelpful content, sometimes disastrous comments, so if you submit the recording it must be the whole, unedited recording.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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1 year 5 months ago #280916 by Pepper
Replied by Pepper on topic Covert recording
Thanks Gordon,

I’m unfortunately at the tribunal stage now,
So does that mean for my submission, can I use the transcript as proof that this HP made mistakes?. From pages 2-24 in the PA4 form? Some mistakes are almost the full paragraph. I’m being very polite saying that she made mistakes!!
Does the HP record her call to me, during the telephone consultation? If they do could I ask for copy?

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1 year 5 months ago #280936 by BIS
Replied by BIS on topic Covert recording
Hi Pepper

Yes, you can use the transcript to show that the HP made mistakes - but as Gordon says, you will have to make the whole unedited transcript available.

The HP would not have recorded the call unless you requested them to do so. If you did, then a recording should still be available.

BIS

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1 year 4 months ago #281267 by Pepper
Replied by Pepper on topic Covert recording
Thanks both of you. I have a few more questions, the thought of this tribunal has made my brain mush. I can't sort anything myself sorry.

Can I get a friend or family member to transcribe the recording?

Is there an option on this site, for someone giving an option on my submission statment?

Am I more likely to win the appeal if I was able to get someone[may have to pay]]. to refer to law to support the submission?

Thanks

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1 year 4 months ago #281272 by Gary
Replied by Gary on topic Covert recording
Hi Pepper

There are no options on this site to give an opinion on your submission, I would advise you to see your local Welfare Rights Organisation, they be able to give you their opinion.

As to transcribing, I am not sure if you need to get it professionally done, fellow mods may be able to give you an answer.

As to your last question, I would say no, but it would depend on what point of law you were arguing.

Gary

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