Jobcentreplus & DWP access to medical records

[Sparklingcider]

Hi

Would be grateful for advice regarding my legal standing on the following issue. I am currently in receipt of JSA and was unable to attend a couple of mandatory appointments due to instead having to attend hospital for treatment for an ongoing medical condition. At the time my hospital letters were checked, noted and accepted as sufficient reason for non attendance. However due to an admin error these appointments were not logged correctly onto the system and subsequently DWP got involved and I was sanctioned for a month and made to do without near enough £400.
I appealed the decision and the DWP decision maker that I have been lumbered with is claiming that they will need to see an official appointment letter which upon receipt she will be investigating further by contacting the hospital directly and confirming both my attendance to the appointments and to obtain further information with regards to my medical condition. What I would obviously like to know is that legally is she allowed to do either of these and obtain access to my medical records as I thought that I was protected by some sort of confidentiality clause and also that for anyone other than myself to access my records I would need to provide consent? Are DWP exempt from such legalities (because this is the impression I have now been given by said DWP decision maker.....)???
Thanks in advance for any advice and information,
Kindest regards, Jo

[enaid]

Re: Jobcentreplus & DWP access to medical records

Hi and welcome,
I do believe the decision maker can write to your GP for information regarding a specific illness you may have.
Also if you filled in a ESA50 form there would be a tick box to give permission to see your medical records if they need to,
The only thing they can do is send the GP a ESA113 questionnaire which you can have a look at here https://www.gov.uk/government/public...-practitioners

[stevemLS]

Re: Jobcentreplus & DWP access to medical records

It really is very straightforward, your medical records can only be accessed with your consent [except in very limited circumstances which do not include DWP investigations].

The big caveat, however, is if the DWP say they need to make these enquiries to fully consider your appeal, and you decline to give consent, you will lose the appeal.

You are able to give conditional consent, that is to say you are able to say you authorise your doctor to release information relating to appointments you attended on xxxx and xxxx dates (and no more), that will be binding on your doctor.

I don't think ESA50 is relevant as we are talking about JSA. Plainly, though, if you are claiming inability to work for medical reasons, that is a different question and medical evidence will obviously be required. The same principle applies though, the records can only be accessed with consent.

[wales01man]

Re: Jobcentreplus & DWP access to medical records

Whats the problem with them seeing the Records what does anyone think they will do with the Info?

If you are claiming any Benefits the DHSS must be aware of the full facts

[Kati]

Re: Jobcentreplus & DWP access to medical records

DLA claimants are asked to give their written consent for the Department to contact their GP or other people or organisations involved with them for information (including medical information) about their claim. The consent declaration is separate from the claim declaration to ensure that consent is compliant with the Data Protection Act. There is therefore no need for the Department to have legislative authority under an Act of Parliament to request the medical records of a claimant from a GP, for example by the issuing of a GPFR (General Practitioner Factual Report).

There is no legal requirement for a claimant to give consent for DWP to seek information from GPs and other parties. Claimants are free to withhold their consent and if they do, decision makers cannot seek information from (or send a GPFR to) their GP. If consent is withheld DWP still has the legal right to arrange for a medical examination by an Examining Medical Practitioner using the Department’s contract for medical services with ATOS under section 19 of the Social Security Act 1998.

From FOI request (attached)