Using secretly recorded medical assessments?

So I have a client at the moment who managed to record their PIP assessment surreptitiously. I’ve listened to the recording and it runs from arriving into the assessment centre to leaving it at the end so captures the whole assessment (obviously it is possible it’s been edited but it certainly sounds complete).

Having listened to it it clearly blows large holes in the HCP report (for instance the client clearly fails twice to calculate the change sum before finally answering it at the third attempt when the HCP made it even simpler). But I’m just wondering about using it at appeal?

We’d obviously need to create a transcript alongside submitting a copy to the Tribunal which is perfectly doable on our end. And I am also obviously conscious that it’s important not to lose sight of the main objective of the appeal which is to show how my client satisfies the criteria not just rubbish the HCP (though personally I think the recording certainly helps to establish the clients entitlement!). But is there anything I should be wary of if we do decide to make active use of it?

I’ve read JB v SSWP (PIP) [2019] UKUT 179 (AAC) which seems to suggest that such a recording is admissible and should be considered by the Tribunal. The only major concern raised within was around not ambushing the DWP with it and so far a copy has been sent to IAS as part of a complaint the client raised and the client has told me they also sent a copy to the DWP with their MR. I would obviously submit it well in advance of the hearing with my submission most likely again giving the DWP plenty of warning that it was out there so I don’t think they could claim surprise.

Am I missing anything else? Should I be more cautious about this than I’m currently being? Anyone have any direct experience of such a thing themselves?

All comments gratefully received!

If the client sent a copy with their MR request and it is not in the appeal response, ask the tribunal to issue direction for them to provide it and a transcript. It is evidence and the DWP should disclose it.

other than the complaint, if there are specific issues about the assessment you’d raise with the Tribunal I’d be asking Capita to comment on them in advance; they’re not going to have a representative at the eventual hearing.

Whilst it may be helpful to produce a transcript it’s by no means compulsory. Providing it on CD in sufficient numbers and to all parties should more than suffice.

I’ve advised numerous people on this but only had one which became my case. In that instance I took my usual approach to discrediting the HCP. This is to identify maybe 2 or 3 headline and irrefutable issues with the report and then leave it at that so as to keep the focus on “which points; why and what evidence”.

I provided the whole thing on CD but gave some edited highlights with details of the timing e.g. “At 6:58 the HCP can be heard skipping over a sight test when they realise the claimant has no vision and yet their report clearly records a visual acuity of 6/30” and so on.