Yeah she had a name badge on, she just seemed slightly uncomfortable when my mum pulled out her pen and pad, then read to us some stuff regarding documenting it which was mainly just, write if you want(for your reference) but it's meaningless beyond that , she then just reiterated the fact that had we given prior notice they would have provided recording equipment. Typically i was having a really good day physically as always with these things.
Hi DM. your HCP was talking shite. While they can compel you to exclude their name, the whole "you can't use the notes at a tibunal"
schtick is bull. here's the "official line" from the "Training & Development ESA Handbook" given to HCPs (apologies for the length):
*******
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.
Medical Services
ESA Handbook 1 Final
MED-ESAHB~001 Page 120
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." (my emphases)
*******
So, what your HCP was representing as your notes being useless, not accepted, that they "couldn't be used", is actually only the reservation of the HCP and their employer of their right to
challenge your notes at an appeal or tribunal.
So, well done to your mam for taking notes, and fuck the lying bastards of the ATOS/DWP axis.