Access to information

Hi,
I am trying to complete a revision on behalf of a client and need a copy of the medical assessors notes to do it properly.  The decision not to award my client any points was based on the assessment and the questionnaire. I contacted JCPlus and asked for a copy 3 weeks ago and despite regualarly chasing this I still haven’t received them.  I am almost out of the one month time for a revision. I am still going to do the revision but I am sure there is something written down somewhere that says that the client has the right to all information used to make their decision; I just can’t find it. Can anyone help?

You can request a written statement of reasons if this is not already provided in the decision notice, which they must provide as soon as practicably possible, or you can request an explanation of the Decision Maker’s decision, though the appeal time limit is not extended whilst awaiting this.  Re the report itself I’m not sure they must provide this, perhaps someone else may have the answer to this.  Perhaps a subject access report can be requested under the Data protection Act, for them to release the report.

Normally, however, it is better to appeal a WCA decision than requesting a revision, as client will not receive ESA (at assessment phase rate) pending a revision, but will pending the outcome of an appeal.  The medical report will then have to be disclosed in the appeal papers.  I would advise you get the appeal in outlining at least some of the reasons why client meets the descriptors in order to meet the LCW test; you do not need to wait to see the report to do this.

Thanks for your reply, the appeal has already been lodged so that the client isn’t missing out financialy but it is still possible to ask for a revision which is the route we’re going down.  Written reasons and the report were asked for but we’re getting the run around.  I just thought this would be handy to know as we have had a similar situation where a decision was made before we received the written reasons we had asked for.
Cheers,

Since the early nineteenth century, at least, there has been a common law right of access for any citizen to see government records (with exceptions, of course, to records concerning national security, commercial sensitivity, legal proceedings, confidentiality or parliamentary privilege).  A remedy for refusal, not so easily granted unless you had a personal interest, was court action.

The right of access to your own personal information is, as Domino said, now enshrined in the Data Protection Act.  The only issue there is that the Act allows a charge for the administration.  However, that has not become an issue so far.  It raised its head once but quickly went away.  So, the right is there.  You just need to chase them.  I’ve never known it to be a problem.

nevip - 22 May 2012 10:43 AM

Since the early nineteenth century, at least, there has been a common law right of access for any citizen to see government records

Is that true in Scots law?

Yes, good question.  I was, of course, referring to the position in England and Wales.  The position in Scotland I’m less sure about.  The judicial decisions of the House of Lords (and its replacement the Supreme Court) have had considerable influence on the common law of Scotland but I don’t know of the particular decisions of the Scottish courts (if indeed there are any) on this matter but I’d be surprised if there were any marked differences on such a fundamental principle of a democratic society.