Atos and manager harassment.

[BarneyBoots]

Never signed anything,I Gave me DOM verbal consent but never written consent for anything.

[TrueBlueTerrier]

http://www.dh.gov.uk/en/Managingyourorg ... /DH_065886" onclick="window.open(this.href);return false;

Access to medical reports

Question
What legislation governs access to medical reports?

Answer
The Access to Medical Reports Act 1988 governs access to medical reports made by a patient’s normal clinician for insurance or employment purposes.
Question
How should requests for medical reports be dealt with?

Answer
Specific provision is made in the Access to Medical Reports Act 1988 for a patient’s medical practitioner to supply a third party, such as an employer or an insurance company with a medical report about the patient.

Question
Reports written by who?

Answer
The Act only applies to a report prepared by the medical practitioner who usually looks after the clinical care of the person. Reports prepared by other medical practitioners, such as those contracted by the employer or insurance company are not covered by the Act. Reports prepared by such medical practitioners are covered by the Data Protection Act 1998.

Question
Does the patient have to consent for a report to be written?

Answer
Yes. The Access to Medical Reports Act 1988, provides that a person cannot ask a patient’s medical practitioner for a medical report on him/her for insurance or employment reasons without the patient’s knowledge and consent. Patients have the option of declining to give consent for a report about them to be written.


Question
Do patients have the right to amend the report if they feel it is incorrect?

Answer
Yes. The patient has the right to see the report, subject to certain safeguards, before it is supplied and to ask for any part that (s)he thinks incorrect to be amended. If a patient request an amendment to a report, the medical practitioner should either amend the report accordingly, or, at the patient’s request, attach to the report a note of the patients views on the part of the report which the doctor is declining to amend. Patients should request amendments in writing.

Question
Do patients have the right to have a copy of the report?

Answer
Patients can be supplied with a copy of the report before it goes to the employer. They have to notify the medical practitioner of this wish. When a patient requests to see a copy of the report before it is supplied to the employer, the medical practitioner who wrote the report must comply with this (unless 21 days have passed since the patient has communicated with the doctor about making arrangements to see the report). A medical practitioner may make a reasonable charge for supplying the patient with a copy of the report. When a patient has been given access to the report, the report cannot be passed on to the employer without the patient’s consent. Doctors should keep copies of reports they supply for 6 months. A medical practitioner should provide a copy of a report supplied to an employer in the previous 6 months, if a patient requests it. There may be a reasonable charge for this. Medical practitioners are not required to give copies of reports to patients under certain, specific circumstances. The medical practitioner may refuse to give access to the report if it would reveal information about a third person, or if it would reveal the identity of a third person who had given the medical practitioner information about the patient for the report (unless the person has consented, or is a doctor). If access is refused to part of a report the doctor should tell the patient this.

Question
Does the patient have to consent for the report to be supplied to the person who applied for it?

Answer
Yes. The medical practitioner must seek the patient’s consent before he or she supplies the report to the person who applied for it. If the patient requests a copy of the report and access is refused to part of a report, the doctor cannot supply the full report to the employer without the patient’s consent.

[BarneyBoots]

Just to clarify me earlier post.I gave him verbal consent to refer me to ATOS.Nothing about medical records was ever mentioned.
I was very specific about this as if and when ATOS aasked me for my consent I was going to say no anyway.

[gj1023]

Barney , If Atos needs your medical records , then they will send you a form to fill in . Your GP name address , Specialist etc. . I had five request forms in a month as they seem to have got lost in the POST !!!!!!

[coxie]

happend to me once before, the next time i had a problem and they were trying to get me back to work i just said no thanks i remember you stitched me up last time i am not interested in rehab i will just return to full duty when im 100% in a few weeks

[andy2007]

Just to clarify me earlier post.I gave him verbal consent to refer me to ATOS.Nothing about medical records was ever mentioned.
I was very specific about this as if and when ATOS aasked me for my consent I was going to say no anyway.

Even if you wanted to, you can't give consent for your medical records verbally. So they've broken the Law, and worse than that. The Doctor who wrote the report did too. If they're telling the truth about having a report, I suggest you complain ASAP. Here's a link to the GMC's (General Medical Council) page on making a complaint. It'll tell you the best organisation to complain to, to get something done about it (they only deal with the most serious cases themselves): http://www.gmc-uk.org/concerns/making_a ... t/3841.asp" onclick="window.open(this.href);return false;

[brothermagrew]

Just to clarify me earlier post.I gave him verbal consent to refer me to ATOS.Nothing about medical records was ever mentioned.
I was very specific about this as if and when ATOS aasked me for my consent I was going to say no anyway.

Confidentiality and medical reports - Guidance for Safety Representatives

Employees are often examined by doctors at the request of their employer. This can be for a variety of reasons, such as a fitness for work assessment. A medical report can be requested if a worker is still at work but having problems because of a medical condition, has been off sick for some time, is preparing to return, or where consideration is being given to early retirement. Sometimes they are asked for if adaptations may be required if the worker is either disabled or requires temporary adjustments because of a medical condition.

It is important that employees know their rights to access to the information contained in any report. There should also be procedures in place to ensure that this happens. On the other hand procedures should ensure that there are no un-necessary delays in getting a report to the employer or pension fund.

This guidance is intended to outline the legal position and give advice on what unions and safety representtaives should be seeking to protect their workers and ensure they are aware of their legal rights.

However in most cases, disputes regarding access to medical records relate to what the employer will do with the information. The solution is to have good sickness absence procedures, access to occupational health advice, union representation on pension fund trustees, and a strong awareness of disability issues. Guidance on sickness absence policies is available at: http://www.hse.gov.uk/pubns/web02.pdf" onclick="window.open(this.href);return false;

The Law.
The law on access to medical reports is unfortunately not always very clear. The main regulations are the Data Protection Act 1998 and the Access to Medical Reports Act 1988, but in addition common law applies and doctors must also take into account any guidance from the General Medical Council.

Common Law:

This is law created by judges and creates a principle that a patient must give 'informed consent'. Although this was developed to deal with treatment issues, it also applies to the disclosure of information to any third party, including an employer or insurer. The effect of this is that a doctor must tell a patient what a 'reasonable doctor' would disclose.

Data Protection Act:

This states that a worker has the right to see any data kept on them and includes any medical or occupational health records. It does not however state that this must be done before the information is sent to a third party.

Access to Medical Reports Act:

This specifically states that the worker must be asked in advance whether they consent to the report being sought and if they want to see the report before it is sent to the employer, insurer or pension fund. If they do wish to see it beforehand they can withdraw consent once they have seen it. The worker has to arrange access within 21 days. However the Act only applies to medical reports prepared by a medical practitioner who has been responsible for the clinical care of the worker, so if the worker is only being examined by a doctor and not treated the act may not apply. Nor does it apply to reports by nurses.

In addition there are some situations where there is a statutory requirement to either conduct a health surveillance or health assessment. An example is COSHH where an employee may have to be assessed for fitness to work.

Guidance
The main guidance is that of the General Medical Council which regulates all medical doctors and which can take action against if doctor is guilty of misconduct. It is however only guidance and the GMC stresses that doctors must use their own judgement.

This guidance confirms that a doctor should gain a patient's consent before disclosing information to a third party (and that includes a worker who is being examined only for a medical report). It goes on to state:

If you are asked to provide information to third parties, such as a patient's insurer or employer or a government department or an agency assessing a claimant's entitlement to benefits, either following an examination or from

existing records, you should:

(a) be satisfied that the patient has sufficient information about the scope, purpose and likely consequences of the examination and disclosure, and the fact that relevant information cannot be concealed or withheld

(b) obtain or have seen written consent to the disclosure from the patient or a person properly authorised to act on the patient's behalf; you may accept an assurance from an officer of a government department or agency or a registered health professional acting on their behalf that the patient or a person properly authorised to act on their behalf has consented

(c) only disclose factual information you can substantiate, presented in an unbiased manner, relevant to the request; so you should not usually disclose the whole record, although it may be relevant to some benefits paid by government departments and to other assessments of patients' entitlement to pensions or other health-related benefits, and

(d) offer to show your patient, or give them a copy of, any report you write about them for employment or insurance purposes before it is sent, unless:

(i) they have already indicated they do not wish to see it

(ii) disclosure would be likely to cause serious harm to the patient or anyone else

(iii) disclosure would be likely to reveal information about another person who does not consent.

This makes it clear that an employee has a right to see a report before it is sent to the employer or pension fund.

Summary of law
All doctors must ensure that a patient gives consent to a report being sent to the employer. In addition an employee has a right to see any medical report. However the legal right to see it in advance and withhold consent only applies to reports from a doctor who is treating them, but the GMC guidance makes it clear that this should apply to all medical reports. The doctor should also advise the employee in advance what the report says and discuss any concerns the employee has before it is sent.

If an employer is seeking information from a doctor who has been treating an employee they should get written consent from the employee beforehand and the doctor should not disclose any information to a third party without ensuring that the employee has been given the opportunity of stating whether they wish to see such a report before it is sent.

Good practice
Before an employer asks an employee to go for a medical examination for any purpose they should notify the employee what the examination will entail and what the purpose is. The employee should be given the opportunity of challenging any such request if they feel it is unwarranted.

The doctor should confirm that the patient is aware of the implications of the examination and has consented. They should also advise them that they have the right to withdraw consent at any time.

Many doctors will then inform the patient immediately after the examination what they intend to say and discuss any concerns they have. This is normally the best way of ensuring the employee is aware of what the report will say. If the employee indicates they are content, the report is then sent. If the patient objects to the contents of the report then this gives them the opportunity to be addressed. Usually this is enough but if the employee withdraws consent the doctor should suggest that they seek advice from their union on the implications of refusing consent. (see below).

If the doctor does not outline the reports contents and conclusions during the examination, and the employee has indicated they want to see it, they should arrange to send a copy of the report to the employee as soon as possible and seek their consent to send it to the employer, or pension fund.

In the case of requests for a report from a doctor who has been treating a patient where no examination is necessary the doctor should send a copy of the report to the patient and ask for them to confirm their consent before it is sent to the third party. This usually relates to compensation claims.

Dealing with concerns
Most problems relating to access to medical reports arise from workers concerns over what the employer or pension trustees will do with the report rather than the report itself. It is therefore important that unions support workers in their dealings with management over what can be very stressful issues relating to early retirement, forced return, adjustments to the workplace, redeployment or even dismissal.

In respect of the reports themselves the following issues are often reported.

The employee disagrees with a report

The first step is to talk it over with the doctor. If the doctor's opinion is based on incorrect facts the employee should discuss the matter with the doctor who would normally be happy to reconsider their opinion. However, if the facts are correct they will inevitably not be able to change their professional opinion but should take the time to explain it to the employee. In the event that the employee continues to disagree, they can either ask for a note outlining their disagreement to be attached to the report or request a second opinion before agreeing that the report be sent but if that is the case they should notify the employer of this.

The report contains irrelevant information

Sometimes a report contains detail that is not relevant to the employer or pension fund. Often all that is necessary is a recommendation on fitness to work along with any information directly relevant to that. There is no need for the full medical record, nor should information on any other conditions be disclosed unless directly relevant. If the employee is concerned over this they should raise it with the doctor and, if necessary, remind them of the GMC advice (above)

The employee accepts that the report is accurate but does not want it sent to the employer

If the doctor is not treating the patient then they can still legally send it but very few doctors would do so and if they did send it to the employer they would be breaching the GMC guidance. However the employee must be advised of the consequences of not consenting to the report being sent to the employer. The employer will still be able to act without the medical information and if the employee is refusing access to a medical report then they cannot be expected to make adjustments without it.

Union representatives should seek to address the underlying issues which are usually concern over the consequences of the report. Simply refusing to consent to it being sent will be unlikely to be in the interests of the worker involved and instead the union should seek to negotiate the most favourable outcome achievable for the employee.

For TUC advice on occupational doctors: http://www.tuc.org.uk/h_and_s/tuc-15982-f0.cfm" onclick="window.open(this.href);return false;

There is also separate advice on what employers can do with information about workers health. A summary can be found in section 6 of the Information Commissioners guide: http://www.ico.gov.uk/upload/documents/ ... s_code.pdf" onclick="window.open(this.href);return false;

Source: http://www.tuc.org.uk/h_and_s/tuc-17272-f0.cfm" onclick="window.open(this.href);return false;

[norbert]

Just to clarify me earlier post.I gave him verbal consent to refer me to ATOS.Nothing about medical records was ever mentioned.
I was very specific about this as if and when ATOS aasked me for my consent I was going to say no anyway.

Even if you wanted to, you can't give consent for your medical records verbally. So they've broken the Law, and worse than that. The Doctor who wrote the report did too. If they're telling the truth about having a report, I suggest you complain ASAP. Here's a link to the GMC's (General Medical Council) page on making a complaint. It'll tell you the best organisation to complain to, to get something done about it (they only deal with the most serious cases themselves): http://www.gmc-uk.org/concerns/making_a ... t/3841.asp" onclick="window.open(this.href);return false;[/quote



http://www.whywaitforever.com/dwpatos.html" onclick="window.open(this.href);return false; http://justice2008.co.uk/MedicalServices.aspx" onclick="window.open(this.href);return false;

http://www.tpuc.org/forum/viewtopic.php ... 4c&start=0" onclick="window.open(this.href);return false; can't seem to find a good word for them

that has been advised by the CWU and has been done . RM work on the basis that you've a " good doctor " and ATOS are there to trip people up as apparently they and only they know what you can or cannot do not your GP . They call it removing the barriers

RM's response is 1 . People are complaining due to sour grapes 2 . They're professional malingerers and skivvers 3 . The Union are only interested in alarmist sh** stirring against ATOS - Well of course !

They're in the Current Issue of " Private Eye " - The Citizens Advice Bureau have done a scathingly critical report on them - 69 % of ATOS " decisions " being over turned on appeal - I'm sure it's nothing to do with targets

ATOS ORIGIN - COMMENT IN THE GUARDIAN

What is so progressive about abusing the dying, the sick, the disabled and their carers? Why does Labour hand over so many Doh, NHS and DWP projects to Atos Origin? The recent Parliamentary Inquiry which covered the activities of DWP and Atos origin could not be more critical. No statistics provided since 2002-2003. http://www.publications.parliament.uk/p ... worpen.htm" onclick="window.open(this.href);return false;. Read the reply by the Government. It is unbelievable.

Let us look at some of the articles reported by the Guardian on Atos.

Dec 2009: Seriously ill cancer patients are being forced to undergo "cruel" back-to-work interviews despite the fact they should be exempt. Nov 2008: Inquiry into loss of confidential data on 12 million website users.

April 2007: 900 patients to be recalled for scans so NHS bosses suspended tests being carried out by Atos Origin.

May 2006: Almost 80,000 sick and disabled people a year are being wrongly denied benefits, according to a BBC investigation for Radio Five Live.

March 2005: DWP hires Atos Origin to provide medical assessments.

Does anyone carry out due diligence? COHPA Chairman Mark Bounds from Atos Orgin held their 2009 AGM & Conference on Thursday 17th September 2009, Atos Healthcare, Regent's Place, London. It was attended by senior figures in the DoH and the DWP. Of course there is no evidence of undue influence. I wonder who paid for these events.

I published the account of my treatment relating to my terminal brain tumour.
It is still over a year withe no end in sight except the results of more and more profits for Atos Origin. Atos are so confident they refuse to use the "Independent Tier" procedure recommended by the NAO. Judge for yourselves. http://www.whywaitforever.com/dwpatos.html" onclick="window.open(this.href);return false;". If Government departments published in full (but desensitised) cases then reasonable people including those on Parliamentary Inquiries can make informed decisions. Labour will not say what are the medical conditions of those who are turned down for allowances. MOD Atos doctors say injured veterans are not fit for work and DWP Atos doctors say they are. We the people want to see that Government works and we want to check that Goverment works well. Labour apears to want to hide as much as possible.

A final point, I had no real interest in politics or the law until my emergency admittance. I have to read the Welfare Reform Act et al. When did most Acts become enabling Acts where the rules and regulations are passed on the nod with minimum discussion in Parliament. How can we have a democratic system where Lords in Government and Lords in the House of Lords are the main speakers for all the topics of the day? Should we humble serfs refer to our noble Lords as Your Grace. I threw away mu mum's book of Etiquette, "You and Non You" in the fifties. Is is not strange that Lord Mandelson and Lord Adonis are "You" and David Cameron is "Non You".

Social justice is the question. Labour has restored patricians and plebians. If elected again perhaps Labour will introduce the old property restrictions on who can and cannot vote.