We have a client who was taken off incapacity benefit because he failed to attend a medical; examination.
We wrote to JCP explaining the reasons for non attendance and that he should not have been sent for a medical in the first place under reg10. We supplied evidence from his consultant psychiatrist to this effect.

JCP replied accepting the reasons for non attendance but then went on to say

"I will forward the case back to our medical services who will look at the file with the further evidence submitted and decide if **** is required to attend a medical examination or not. It is the health care professionals decision if **** is exempt form a medical examination, not the decision makers so we must comply with whatever decision they give."

(Please note this is word for word, so the bad grammar and spelling mistakes are real)

Since when have health care professionals been given decision making powers?

note the letter also goes on to say

"If you fail to attend any further appointments due to illness of any kind you MUST provide medical evidence FROM YOUR DOCTOR DATED ON THE DAY OFTHE MEDICAL (ie not at a later date) to confirm you could not attend on the day in question."

I have phoned JCP and asked that a senior member of staff ring me to discuss this.

I will post their response

I think they have confused a decision under reg 10 which, as you say, falls to be made by a decision maker and the power to call a person for a medical which falls to be exercized by or on behalf of a HCP.

I think a decision under reg 10 negates the power under reg 8 until the reg 10 decision is superseded by a dm, with or without medical advice.