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Under the new tribunal rules the Tribunal Service are now frequently writing to appellants' GPs for copies of medical records. Because the new TS enquiry form has no provision for the appellant to indicate their consent, they write out to them requesting it. My concern is that they get back the full unedited GP records including much irrelevant and potentially sensitive information and then circulate it. In a recent case my client is at appeal regarding DLA high mob. The TS obtained the GP records and circulated them to parties including me as rep, and they included in detail information on her sexual activity including number of partners, tests for STIs, etc. The tribunal clerk tells me that a district chair reviews what comes back and decides whether to include it as evidence, but then we're into the situation of them selecting or editing evidence to the possible detriment of the appellant. In this case they circulated it anyway. My inclination is to advise client's to withold consent, but then would a tribunal draw a negative inference?
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