Ivalidity appeal

T

tina4

Registered User
Messages
98
Hi all i know there has been tons of threads lately regarding appeals but i have a question.
Im on my third appeal since september im still waiting on a reply to the last one which i sent in 7th december.
After reading various threads here and on other sites and talking to people im not holding much hope.
So i know the next step is the ombudsman.
But is that the end can i take them to court?
Also after getting advice here i asked for my file under the freedom of info, i got 2 letters back from 2 different addresses.
One said im not entitaled.
And the other one sent me part and said i wasnt entitaled to copies of the doc report or the form my gp had to fill in ect, as these containe personal info regarding the whoever filled it in!!!!!!!!!
Thanks in advance.
 

You are entitled to copies of the medical form that your GP filled in. The GP fills in this form and it relates to your condition. The GP signs it. This records constitutes personal and sensitive data and you have the right to access pursuant to section 7. You also have the right of access under Section 7 of FOI to the medical form that the medical assessor completed when you attended the DSFA for examination. What was the reason given why you are being refused access to this record?

You can appeal the FOI decision internally, and if they still refuse you can bring the matter to the FOI commissioner.

You are entitled to receive copies of all records that the department has on you whether those records are held in hard or computer format. That right is stated under Section 7.

Under the Data Protection Act 1988 and the Data Protection Act 2003 the Data Subject also has the right of access to all records that a department holds on them whether those records are in hard or computer format. The relevant section is section 4.

On the other matter if you can only bring a case to the ombudsman if you make a complaint to the Department. You can however bring a judicial review of the decision however that would have to be on a point of law, policy or practice be it administrative or medical.

There are legal advisors working in Free Legal Advice Centres who are specialised in social welfare law. They are also involved in taking cases for judical review.

I would talk to them in relation to getting access to your records under FOI and your options vis a vis ombudsman vs. judicial review.
 
Did you ask under the Data Protection Act? That sounds like a response to such a request.
 
Hi, I sent a letter in asking for all files regarding my invalidity to include any medical reports under the freedom of info act.
The letter i received back said they were granting it in part only.
record a is being refused on the grounds that it relates solely to personal info about other persons. I dont get that!!!
then under it it says
Section 28(1) of the foi acts 1997 and 2003 states that personal information held by a public body may only be disclosed to the person to whom the information relates.
Under section 28 i am obliged to consider whether the public would be best served by granting or refusing access to these records
It also said
on balance i have decided that the greater public interest lies in the right to privacy of the third party.
The only things they gave me was the forms i filled in in the begining and some other offical papers that i cant make head nor tale off.
They didnt give me any dr reports or the forms that they fill in when reveiwing.
Hope this makes sense.
Thanks for your help
 
Hi i have no idea what that means about a third party.
I assumed it was the gp or the medical assessor but sure there
would be nothing personal about them on MY file.
Im baffled, and the time its taking is a joke this is going on since september and i sent my last appeal letter in 7th december.
 
I have done FOI requests in the past and I have received any documents relating to my claims including details of medical assessments. I have no idea why they would be witholding records from you. I would be appealing their decision if I were you.
 
Thanks very mush for your replies Bond i am going to appeal.
And thank you so much annet for all your help now and in the past the info has been invaluable, your a star.
Im still wondering has anyone ever taken the legal route and went to court. Anyone know anyone who has tried.
I intend on going to legal advice i just want to hang on and wait on their final decision im hoping beond hope that i wont have to go any further.
Thanks again.
 
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