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Complaint Against ATOS/Legal Document
- JT
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12 years 2 weeks ago - 12 years 2 weeks ago #84460 by JT
Complaint Against ATOS/Legal Document was created by JT
Unfortunately this question is Three-fold. I have been assessed at home by ATOS and as a result of the Dr's report I have appealed. I await a Tribunal Date.
ATOS have responded and quite frankly I am dismayed by how weak the response is.They acknowledge some errors in the report but skirt around a numbver of issues.One of the issues I had raised was that there were a number of significant areas where entries had been scribbled over and corrections made next to them. The original entries are somewhat obscurred but the ones that can be seen appear to support my case. I raised the issue of legibility as per their Guidelines and the response was that the legibilty of the document was only for the DWP's purposes as the document is Solely and Exclusively for the Decision Makers
My questions are as follows;
1) Is the report compiled by the ATOS Dr a legal document and as such requires a level of integrity?
2) Is the document completed by the ATOS Dr Soley and Exclusively for use by the Decision Makers if there is to be a Tribunal i.e. Does the ATOS Dr's report form part of the Tribunal Process and such then becomes a document that is no longer solely and exclusively for use by the Decision Makers but is for use by the Tribunal members and part of their caes.
3)What is the Legal Status of the Tribunal? i.e.Does every document/item of evidence become a legal document?
It may be that I am looking to deeply into this but I have a Police background and like things to be nice and clear. Not quite what ATOS are presenting me and the DWP with.
Sorry its so long.
I hope someone can help.
ATOS have responded and quite frankly I am dismayed by how weak the response is.They acknowledge some errors in the report but skirt around a numbver of issues.One of the issues I had raised was that there were a number of significant areas where entries had been scribbled over and corrections made next to them. The original entries are somewhat obscurred but the ones that can be seen appear to support my case. I raised the issue of legibility as per their Guidelines and the response was that the legibilty of the document was only for the DWP's purposes as the document is Solely and Exclusively for the Decision Makers
My questions are as follows;
1) Is the report compiled by the ATOS Dr a legal document and as such requires a level of integrity?
2) Is the document completed by the ATOS Dr Soley and Exclusively for use by the Decision Makers if there is to be a Tribunal i.e. Does the ATOS Dr's report form part of the Tribunal Process and such then becomes a document that is no longer solely and exclusively for use by the Decision Makers but is for use by the Tribunal members and part of their caes.
3)What is the Legal Status of the Tribunal? i.e.Does every document/item of evidence become a legal document?
It may be that I am looking to deeply into this but I have a Police background and like things to be nice and clear. Not quite what ATOS are presenting me and the DWP with.
Sorry its so long.
I hope someone can help.
Last edit: 12 years 2 weeks ago by slugsta.
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- slugsta
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12 years 2 weeks ago #84464 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic Re:Complaint Against ATOS/Legal Document
I am afraid that the majority of your post is outwith my experience. However I can tell you that the Doctor's professional obligation to maintain clear and accurate records remains no matter who is the employer.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Gordon
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12 years 2 weeks ago #84469 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Complaint Against ATOS/Legal Document
JT
1. It is a legal document and you are entitled to make a complaint to ATOS or indeed the GMC or Royal College of Nursing with regard to its content and the behaviour of the "doctor" involved.
2. Whilst it is commissioned by the DWP, I think it a stretch to suggest that it is for their sole purpose, certainly, if the report is used as part of the Decision process, which it always is, then you are entitled to a copy and to make comment on it.
Again, if it was used to make the Decision, then it must be submitted as part of the DWP evidence to a Tribunal, where its content are open to scrutiny by both yourself and the Tribunal Panel
3. A Tribunal is classed a a Court of Law, although it is inquisitorial rather evidential in its approach.
Gordon
1. It is a legal document and you are entitled to make a complaint to ATOS or indeed the GMC or Royal College of Nursing with regard to its content and the behaviour of the "doctor" involved.
2. Whilst it is commissioned by the DWP, I think it a stretch to suggest that it is for their sole purpose, certainly, if the report is used as part of the Decision process, which it always is, then you are entitled to a copy and to make comment on it.
Again, if it was used to make the Decision, then it must be submitted as part of the DWP evidence to a Tribunal, where its content are open to scrutiny by both yourself and the Tribunal Panel
3. A Tribunal is classed a a Court of Law, although it is inquisitorial rather evidential in its approach.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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