Note Taking

I was reading a post on the consumer forum where a poster says that they had been to an ATOS interview and started to take notes. The nurse objected and made a phone call for advice and terminated the interview. The client was told that he did not need to take notes and that his interview would be rescheduled as it was a client mismatch.

My question is, what is the law regarding note taking and if ATOS don't like it should we all take notes.

Rosered wrote:

I was reading a post on the consumer forum where a poster says that they had been to an ATOS interview and started to take notes. The nurse objected and made a phone call for advice and terminated the interview. The client was told that he did not need to take notes and that his interview would be rescheduled as it was a client mismatch.

My question is, what is the law regarding note taking and if ATOS don't like it should we all take notes.

There is absolutely nothing in the rules that states that a claimant cannot take notes at a medical assessment.

This is not the same as wishing to record the assessment, for which Atos lay down strict (and altogether impossible) rules to prevent audio and/or video taping of assessments.

Sounds like policy on the hoof to the detriment of claimants. Perhaps in this particular situation the claimant should have asked for a written copy of the rules formulated by Atos, on note taking at medical assessments?

Incidentally, what on earth is a "client mismatch?"

Apparently client mismatch and I quote -

>>So then she terminates the session and they class the termination as a client mismatch<<

is new ATOS speak for the client wants to take notes and we must not let that happen.

Surely at a medical Atos cannot stop someone taking notes? That is madness.... we should all take notes and insist that we need to... I cannot write much at teh mo by pen, but my friend coming with me (to push my wheelchair) could!

Does this breach Atos rules?

I am unaware of any ATOS/DWP rules which says either a claimant or person accompanying the claimant cannot take notes. When I had my medical my son openly took notes (& not openly, also recorded it on his mobile phone). The examining doctor made a point of showing us a card in a stand on his desk, which effectively said it was ok to take notes & the terms/conditions of taking notes but that was all. He didn't seem at all bothered by my son taking notes.
It seems to me that if ATOS hcp's terminate an interview because of note taking a complaint of misconduct could be made.

Hello again Maggie

You were very lucky to see a doctor that did a proper job. This is what their guidebook says: -

4.1.4 Taking of Notes during an Examination by Claimant or Companion

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.

To request a copy of the notes is unlikely to be helpful . it will place you in the position where you will be obliged to review the notes and comment on their reliability.
However, you should record in the medical report, the fact that notes were being taken. The following warning should also be given and the fact documented in the report. LiMA will offer the phrases as an optional addition. For any handwritten report, on the rare occasions when this is necessary, the report should be annotated on the front cover.
The form of words you should use has been clarified on legal advice. Please replace any copies of existing desk aids you hold with the one incorporating the following form of words:
.Where notes are taken by you, we consider it of assistance to both myself, as the examining practitioner, and yourself to point out the following:
1. It is your right to take notes for your own use and benefit.
2. The notes will not be included in the Report I make save for the fact that notes were taken and further, they are not accepted by myself or the DWP as an official record of this examination.
3. If the notes are subsequently produced at any time for any purpose, such as part of an appeal process, I the Examining Practitioner, my employer and the Dept of Work and Pensions reserve all rights to challenge anything in the notes in the event we are asked to comment on the content of the notes at a future time.
4. You are free to use your notes as you choose but if you chose to publicise the notes (other than in connection with correspondence with the DWP or under any appeal procedure) I would ask that you do not publicise my name.

I've checked to old edition of the handbook and the same text is there. I think it's just a case of some doctors not reading their handbook, not knowing what to do, or not being able to cope with a situation when the person on the other side of the desk is noting things as well. Maybe they feel their authority is being undermined.

Derek