ATOS Flouts Disability Discrimination Act - The Remedy

Thanks for the Link Click here to see BSS's post.

Concerning Benefits examination
The remedy is straightforward

First - it is essential to note the name and General Medical Council's (GMC) number of any doctor who assesses you for your benefits. All doctors are required to know their GMC number and to be able to provide it to any one who inquires. Request the doctor write down their full name and GMC number for you before consenting to an assessment

Second - request to see the report that the doctor writes prior to it being sent to the Benefits Agency. This again is your right and part of GMC's "Good Medical Practice" guidelines on confidentiality. You can directly request your report from ATOS.

If you disagree with the report, you must challenge it.

Third - if ATOS or other agency hold a file on you, you request to see a copy of all data held under Subject Access request, from the Data Protection Act - a simple letter requesting such data, together with a cheque for £10 is sufficient.

Fourth - if you have any concerns about the doctors behaviour in the assessment or competence in making the assessment, you immediately refer that doctor to the General Medical Council. Especially if you find evidence in the report of discrimination on the grounds of colour, race, gender, religion, disabilty, or sexual persuasion. Click here for the GMC website

I would not normally recommend referring doctors to the General Medical, however on this occasion these referrals are important

1 - It will discourage doctors from working for ATOS if they know that they will sooner or later be referred to the General Medical Council
2 - Since ATOS will not employ doctors who have been referred to the General Medical Council, this will deplete their workforce
3 - Those doctors whose practice falls below the level of competence expected of a reasonable medical practitioner will have to improve their standards if they are to continue practising medicine.
4 - Finally, it may make ATOS think twice before discriminating against disabled doctors in this way - which would be nice.