Can I?

[trip77]

Hi all. I had a telephone assessment for my PIP renewal, and just prior to that I was attempting a video webcam recording for an interview.

As the camera was still recording, (I panicked wen I saw dwp ringing on my phone), the whole conversation was recorded. I went through the video after and the assessors voice and mine can be heard very clearly even though I was sat at the other end of the room on my bed.

If it came to it and I had to appeal because of assessor lies etc, could I use the recording as evidence to prove my answers or not???

[Dizzytwo]

Hi trip, I am sure many will be able to answer you better than me. But I though any recordings between anyone needed the other persons consent.

From what I understand you need to get permission from DWP to record an assessment.

I am sure others will tell me if I'm wrong lol x

Momo

[trip77 in reply to Dizzytwo]

Hi Dizzytwo, I know that you have to get permission, but it was accidental, in that my camera was still recording as I forgot to close down the programme. Wat I'm wanting to know is, as I'm not too sure of the regulations, would I be able to submit it as evidence as proof of any wrong statements or lies that the assessor might use, if it went to tribunal.

I would have asked the assessor for permission to record the conversation if I had wanted to do so, but the fact that it was recorded accidentally, and I had had no intention of recording the conversation, would it still be useable in tribunal.

[Blue-52]

hi, you probably won’t be able to use it, as you need to let them know you are recording the conversation , even if it was an accident, I don’t think it is admissible.

[Hazel_Angelstar Administrator FMA UK Staff]

You could contact our benefits team and ask them

FMA UK benefits helpine information leaflet

[CM1EDSUK]

A recording is fine for your own personal use. Now it would be incredibly hard to prove that an assessor has lied, as you don't know their intent for a start. Secondly, they're not there to write down word for word what you said (otherwise there would be no point in having an assessment), rather form their own opinion based on your claim/review form + what you said during your assessment. Lastly, if it came to a tribunal, they'd look at all the written evidence beforehand, but likely wouldn't have the time to listen to a recording.

[Nelly1]

Hi

As Dizzytwo pointed out you have to gain consent from the DWP to record assessments.if it came to a court of law your recording would not stand up as you did not gain prior consent from the DWP.

All you can do now is put in a mandatory reconsideration explaining where you believe the assessor has lied. Or where you think you should have gained points and give them evidence to back it up.

Good luck

Neil

[Mrdiagnosis]

The law is quite clear on covert recording. You are allowed to record someone even without thier knowledge as long as it is for personal use ie like taking notes . You can not share this recording with anyone else. However, I'm sure that if you went to appeal it is up to the judge for them to say if they wish to hear that recording. A judge can do whatever they wish. If you have a recording and can review it in case of any lies etc then you can say you have it recorded and refer to it. It is not against the law. The information commissioner office or ICO is who deals with data protection and this type of situation says that covert recording are legal as long as you only use it for personal use and it is not shared in any format .

If you recorded it then they can't really deny what was said because they won't have a recording of it . That's why they tell you you have to ask ...so they get a copy too and appoint someone who doesn't lie. Funny that eh

I have had dealings with the ICO and they are very helpful.

I'm sure the assessment centers had all the "no recording equipment allowed" posters removed .....at the end of the day if they are going to lie....better to be prepared than be a victim of thier unscrupulous behaviour. If they were honest and kind people wouldn't need to resort to such recordings.

[denny_the_wench]

I recorded my telephone assessment but I did say beforehand that I was recording due to the fibro fog that I suffer from and that I'd not be able to remember anything about the call.

However I would say you don't NEED to tell them that you recorded it, but (hopefully not) should you need to dispute what they said, you can say that you "took notes" and your recollection was different to what the assessor has written 😉 i.e. use it as your own aide memoire

Who is to know!

[trip77]

Thanks everyone for your replies. Funnily enough, after posting this when I did, I got my review letter in the post to say that I had been awarded the standard rate for daily care for the next 4 years. Big relief 👍. I have been waiting quite a while for the result to come back and as y'all know it's a very stressful and anxious wait, especially as I had to go to tribunal last time to get awarded. Thanks to all your help and replies.

[CM1EDSUK]

So pleased to read your review went well after all! Congratulations, & hope you can relax now after your long wait.