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GPs refusing to give reports because they are employed by the Tribunal Service
I had a client this morning who we had sent to legal aid to get a report from her GP as there was no medical evidence in the papers from a GP or consultant, jus the EMP report. He refused to do this. He said that it would be a conflict of interest because he sits on the panels at tribunals.
Has this happened to anyone else?
Shouldn’t his first loyalties be to his patients? Or maybe he should just do tribunals outwith his catchment area?
We also asked the tribunal to ask the GP for a report but they said they couldn’t force him to either. They would not postpone to allow us to try to get further medical evidence as their job is to “expedite appeals” so unless we had grounds for a postponement it wouldnt happen.
When you say the tribunal refused to postpone, do you mean that the appeal has been heard (and that the tribunal refused to adjourn for a report on the day) or is there a pending date (and postponement request was refused)? If appeal was heard (and failed) you’d need to do the usual (request SOR, see if you can idenfity grounds for requesting appeal to UT/set aside, etc- the refusal to postpone could well be amunition for this). If appeal has yet to be heard, I would explain what GP has said to the tribunal direct on the day (or include it in your sub if you aren’t attending). They may agree adjournment is necessary but they may not- the client’s own evidence is just as important (and should be accepted as long as it is credible and not contradictory).
In addition, are there any alternative sources of evidence? (OT assessments, physiotherapists, CPN#s health visitors, support workers, etc, etc). As has often been said, these are frequently every bit as useful as GP letters (if not significantly more so). There’s also the client’s close family/friends who are likely to be far better placed to comment on your client’s day to day difficulties in relation to the functional areas than the GP is.
DWP guidance suggests that the GP is within his rights to refuse to comply, unless the request for evidence comes from JCP or TAS.
A patient has asked for a report to support his appeal after having his Incapacity Benefit withdrawn. Do their GP have to provide a report?
No. GPs, as certifying medical practitioners, have a statutory obligation to provide statements of incapacity to patients on their list and certain information to a healthcare professional working for Atos Healthcare on behalf of DWP when requested. However, under their NHS contract there is no requirement for GPs to provide reports or offer an opinion on incapacity for work to anyone else unless requested to do so by Jobcentre Plus.
Claimants should contact Jobcentre Plus or the Appeals Service, where appropriate, if they think that further medical evidence is necessary to support their claim or appeal. They should state clearly their reasons for believing that further evidence is necessary.
If Jobcentre Plus or the Appeals Service consider that further medical evidence is necessary, they will seek it. They will be responsible for paying any fee to the doctor providing the report.
So NHS GPs are under no obligation to provide such evidence to their patients nor to provide it free of charge. If a GP does not agree to provide additional evidence for their patient then it is a private matter to be resolved between the GP and their patient.
It seems strange reason for the GP to give - that there is a conflict of interest. It is one thing if a GP’s professional judgement is not to provide supporting evidence but I can’t quite get my head around where the conflict of interest is in a situation such as the one described.
...perhaps the DWP would think the GP - as a panel member - would “side” with appellants? Would that be the conflict?
Oh dear, replying to my own posts. Am off to get my stuff ready for tomorrow…...
There is no conflict of interest. It’s just shorthand for “my patient is an exaggerating g*t and if you think I’m going to do a report you’re out of your mind.”
I remember, many years ago, a client telling me, for an ICB appeal, that he had an active and aggressive form of inflammatory polyarthritis (in exactly those words), one of the exemptions at the time. I wrote to his G.P who wrote back in no uncertain terms that he absolutely did not have an active and aggressive form of inflammatory polyarthritis. After I told him this I never saw him again.
Slightly off point, but if GP’s for whatever reason refuse to make a report, what about making a request for access under Data Protection Act 1998 - all patients have a right to access their notes. (Subject accesss request.)
http://www.nhs.co.uk has details of how medical records may be accessed.
Depending on the nature of access, the cost could be free, or for as little as £10 for a computer copy.
Whilst a bundle of notes may not be as eloquent as a GP’s letter, details of all appointments which might eg be in relation to falls, continuing infections, monitored peak flow or blood pressure etc may actually give a more robust picture of the claimant’s illness?
Also, if particular GP’s are always recalcitrant at making a report, if Subject access requests are made from several patients with benefit claims, the particular GP, possibly via his receptionist who no doubt will provide the actual copy, might soon realise that despite any fee, it may well be easier and less time consuming, and more-environmentally friendly just to write a letter in the first place?