HCP refused to assess me

Hi

Does anyone know if it is legal for an ATOS assessor to refuse to continue an assessment when he noticed my partner was taking written notes?

I have submitted a complaint to them on the grounds that I had an appointment to be assessed which I attended and the HCP refused to assess me.

I have had to make an appointment for another assessment.

Thanks in advance for any ideas.

wolfPup wrote:

Hi

Does anyone know if it is legal for an ATOS assessor to refuse to continue an assessment when he noticed my partner was taking written notes?

I have submitted a complaint to them on the grounds that I had an appointment to be assessed which I attended and the HCP refused to assess me.

I have had to make an appointment for another assessment.

Thanks in advance for any ideas.

Hi,

There are circumstances where a HCP may terminate an assessment/medical. However to terminate a medical solely due to a person taking notes seems a little bizarre.

AS you state you have already submitted a complaint and arranged another medical it would be worth awaiting the outcome of your complaint.

Pete

Thanks Pete

The new appointment is in 3 weeks time - Do you know if I am likely to have had a response to my complaint by then?

Jon

wolfPup wrote:

Thanks Pete

The new appointment is in 3 weeks time - Do you know if I am likely to have had a response to my complaint by then?

Jon

Hi,

As your complaint will need to be investigated, I doubt whether it would be complete within three weeks.

However, whilst this is being investigated, in the interests of fairness and natural justice, your assessment should be carried out by an other HCP, not the one you have formerly complained about.

Pete

wolfPup wrote:

Hi

Does anyone know if it is legal for an ATOS assessor to refuse to continue an assessment when he noticed my partner was taking written notes?

I have submitted a complaint to them on the grounds that I had an appointment to be assessed which I attended and the HCP refused to assess me.

I have had to make an appointment for another assessment.

Thanks in advance for any ideas.

According to Page 130 section 4.1.4 of the 'Training & Development
Revised WCA Handbook ESA (LCW/LCWRA) Amendment Regulations 2011' available to download form the members section it states:-

"From time to time you may encounter a situation where the claimant is accompanied by a companion and either the claimant or companion may wish to take notes during the assessment.

Persons who are entitled to be in attendance are always entitled to take notes. This is because it is for their own purposes and not an official record of the process.

To attempt to deny the right to do so is likely to be contrary to Human Rights legislation.


So it seems that Medical Services breached their own guidelines and you appear to have a very good case for a complaint against this assessor

You are of course now entitled to have your WCA recorded so that facility may well be worth exploring.