Home visit request Mobility issues
Under the Equalities Act 2010 (Formerly the Disability Discrimination Act) and the Health and Safety at Work Act 1974 employers and businesses are required to provide safe access and egress to and from their premises or the workplace. ATOS and the DWP are not exempt and must comply, this is clearly highlighted by the case of Croydon couple Alan and Sharon Prince.
http://www.bbc.co.uk/news/uk-england-london-15411928
21 October 2011 Last updated at 22:32
Croydon disability assessment centre ‘inaccessible’ by wheelchair
Allan Prince and his wife Sharon visit the disability assessment centre in Croydon
Wheelchair-users said they are being forced to try to climb a flight of stairs at a disability benefits assessment centre in southLondon.
The centre onCherry Orchard Road, Croydon, is on the first floor and wheelchair-users say they were told they were not allowed to use the lift.
Allan Prince from Croydon Disability Forum said it was “unacceptable”.
Atos Healthcare said it warns customers in advance and offers appointments at another centre or a home visit.
“Why on earth would you have an assessment centre in a building that excludes wheelchair-users or people with very poor mobility”
End Quote Carol-Ann Peakin Chairwoman, Croydon Disability Forum
The next closest disability assessment centre is 14 miles away in Balham, said disability campaigners.
Mr Prince, who has reduced mobility, said the centre in Croydon is on an incline and navigating the road up to the centre is a “struggle” for him and his wife Sharon who uses a wheelchair.
He said: “It was frustrating having to walk that far plus watch my wife struggle up these badly constructed drop kerbs before she even got to the doorway.
“It’s totally unacceptable and I hope something is done very very soon to rectify the problems in these buildings.”
Carol-Ann Peakin, chairwoman of Croydon Disability Forum, said: “Why on earth would you have an assessment centre in a building that excludes wheelchair-users or people with very poor mobility.”
A spokeswoman from Atos Healthcare said the centre is approved by the Department for Work and Pensions.
She said: “The assessment centre is not on the ground floor and when making an appointment by telephone or post customers are advised that in the event of an emergency, when the lift would be out of use, they would need to be able to use the stairs.
“If they cannot, Atos Healthcare schedules an appointment at an alternative nearby assessment centre or a home visit is arranged.”
End
This brings the issue of safe egress rather safe access to the fore, in that although to facilities within the premises in most of the ATOS Medical Examination Centres (I hasten to add external access is never easy and often inaccessible by vehicle and therefore the visitor must travel on foot or other means to get into one of these M.E.C.’s) is generally acceptable, a safe means of egress is not provided.
ATOS and the DWP are aware of this potential danger and I am reliably informed it has been pointed out to ATOS Health & Safety managers. Now that they are aware and thus culpable and responsible for any ensuing deaths or injury during an emergency evacuation ATOS must rethink their attitude to carrying out home visits.
If you have mobility issues which would mean you would have difficulty in evacuating from the first floor of and ATOS M.E.C. then you must make them aware of this in your ESA50 and in any telephone or other form of communication with them regarding an appointment. It is essential you give them this information whilst requesting a home visit. Remember, ATOS are at liberty to offer you an alternative ground floor venue, however there are rules in their own contract regarding time and distance travelled to an examination.
Note: It is essential you complete the ESA50 form and return it with your request, be sure to give full and accurate supported comments on your level of mobility. If you do not complete the form the HCP reading it will have nothing to make their decision on and will be forced to ask you to attend a medical examination centre.
hi to every body my name is Marie i went to the department of health and social security at five ways about a month ago how long does it take them to get all the evidence that they need to re examine my case of mobility problems what i have dropped foot , osteoarthritis , walking problems
Comment by marie williams — January 7, 2012 @ 1:16 pm
Hello Marie.
First of all just to keep you right, they no longer call themselves the DHSS they go by the name of the DWP that’s the Department of work and pensions, some say the Department of witches and pickpockets.
Anyway to answer your question regarding how long it takes for them to gather or get all the evidence they need to re examine your case, the answer is ”They do not gather or get evidence on your behalf” their remit is to get you of benefits not to help you stay on them.
So any evidence you need you need to gather yourself, they have no interest whatsoever in helping you, this isn’t a joke you need to understand this as quickly as possible, one organisation who will help you is your local welfare rights office, they can help with advice on your next moves, you can also get help here at the forum http://dwpexaminations.blacktrianglecampaign.org/phpBB3/
Comment by dwpexamination — January 7, 2012 @ 1:58 pm
Hi all out there suffering the nazi like Cameron/Atos pogrom to wipe out the disabled and sick,
firstly thanks for this wondeful blog which I will be no doubt soon be adding my horror story to as I have a Atarse assesment coming up. My heart breaks when I read these stories and my anger knows no bounds. Unfortunately I’m too ill to take the sort of action I would like to take against the Atos scum! Lucky for them!
I have severe long term ME/Chronic Fatigue Syndrome. I was long ago abandoned by the NHS and told many years ago to “go home and hope you get better” by a sympathetic Consultant who could only offer CBT and pacing. When I recently asked my GP for referal to a specialist in Birmingham I was told there isn’t one! So I have no recent medical reports and as there are no pills/treatments to help me I am not on any medication/treatment plan specific to my condition. I have complmentary treatments to help ease symptoms temporarily. Should I mention this? Or will it be twisted to show somehow that I’m capable of work?!!
MY QUESTION: As I am 90% housebound with severe mobility problems and feel very ill all the time I have asked for a home visit. I have been told to get a GP letter giving reasons why I should have a home visit. He is very sympathetic. Is there anything particular he should or shouldn’t say to ensure a home visit?
(all typed by my husband!)
Many thanks
Comment by redrosa — January 28, 2012 @ 1:20 pm
Hello Redrosa.
Just get across that you have severe mobility problems and is the reason you are housebound, you may find they will send a letter saying you must attend or else (There’s always a threat with these letters) so you must stick to your guns and insist on a home visit, when they see how determined you are they give in.
Let us know how you get on, and how many points you get etc, if you need help then it is available with us, and don’t forget the local welfare rights as well, they can even represent you if the worst comes to the worst, but lets hope you get good news and there is no need for all that..!!
Comment by dwpexamination — January 28, 2012 @ 2:38 pm
Can anyone help with any advice? I asked for a home visit. Atos sent me a date for the assessment centre examination and told me to get my GP to fax them a letter. My GP sent a fax supporting my request for a home visit. I spoke to an Atos worker who said they had the fax and someone would contact me. I rang them when I had heard nothing and was told as I hadn’t attended my medical at their assessment centre my claim had been stopped. Apparently my GP had “not put enough detail” for them to agree to a home visit. It sounded as if they had used some sort of point scoring system?! As I receive DLA mobility at the highest rate it would seem obvious I can’t get to the centre!The worker I spoke to said it was their error for not contacting me and that the DWP would send me a form asking why I hadn’t attended the medical. I have that form and would appreciate any advice. I will also be getting my GP to do another more detailed letter as it’s impossible for me to get to the assessment centre. Is there any furhter action I should look into such as taking legal action for disability discrimination?
Thanks
Comment by Anonymous — February 18, 2012 @ 11:58 am
Hello Anonymous.
What else can you do ? you can’t get to the assessment centre, you have made that crystal sparkling clear, I’m afraid the only way to get that home visit is to stick to your guns and do what you are doing, you can also send a letter of complaint to ATOS reminding them again that a visit from them is mandatory and also mention that your benefits have been stopped because of their intransigence.
Once they see that you have lost your benefits then they know you are in a no win situation unless they give you that home visit.
Legal action is fine, it’s just that you will not get legal aid, ATOS know this and play on it, so any legal action has to be either a lawyer conceding pro bono or paying for any legal action yourself, of course if you did pay for it yourself and a lawyers letter dropped on their door step the reader would burst his sphincter.
Comment by dwpexamination — February 18, 2012 @ 12:22 pm
Thanks for your reply. You say “a visit from Atos is mandatory”. Is there anything I can quote at them? Under what rules is it mandatory? I know exactly what they are trying to do – everything they can to stop me getting my benefits. My best mate is a solicitor. I’m sure she’ll do me a letter for free. I’ll let you know if it goes that far! Redrosa
Comment by redrosa — February 18, 2012 @ 3:32 pm
Hello Redrosa.
Perhaps the word compulsory rather than mandatory would be more appropriate, morally it’s mandatory but ATOS don’t see it that way and unfortunately as far as I know there is no actual law that says they have to attend a persons home for a domiciliary visit, but it’s easy to see that it breaks the EHRA the European human rights act because their decision to deny you a home visit has lead to your benefits being stopped, that in itself is a form of torture, and don’t ley anyone tell you that it’s the DWP that makes the decision that’s rubbish because the DWP decision maker cannot possibly make a decision on peoples health because they are not Drs, the so called decision maker is a mindless drone who hides in the shadows and basically a front for ATOS decision making.
As far as actual British law goes ? I may be wrong though, but in the past I’ve tried in vain to find something to pin them down, you can’t force your GP for instance to attend your home if you have a health issue, and have always ran in to the old chestnut ”GO TO THE COURT OF HUMAN RIGHTS” which leads to the following problem, before anyone can take a case to the human rights court they are obliged to jump through every hoop, this means a complaint to ATOS, then if you are still not happy with their response they will tell you to see such and such, usually the Independent complaints commission (ICE) who are about as useful as a chocolate teapot, then they will tell you that you have to contact a certain Member of parliament if you are not happy, and on and on it goes, the human rights court is a very difficult court to take a case to, and it was meant to be, or every Tom Dick and Harry would be demanding they look at their case.
If you can arrange a letter of complaint from a solicitor outlining your Human rights have been abused then ATOS would usually concede, an ordinary letter of complaint usually works as well, the thing is ATOS do not want to arrange home visits because it is a waste of their resources and costs them money, every home visit takes a HCP (Health care professional) away from assessing clients in their centres and so cuts in to their profit margin.
So even though you have to jump through those hoops to get the attention of the Human rights court, a letter of complaint will/should convince them (ATOS) that you just might be one of these people who takes it upon themselves and makes it their lives ambition to go the whole hog and damn the torpedoes.
Comment by dwpexamination — February 18, 2012 @ 4:54 pm
Just to add – even without the Human Rights Act – I believe the Disability Discrimination Act requires the government and private companies like Atos to make ‘reasonable adjustments’ so that individuals wtih disabilities can access their services.
There is a letter from the DWP on the ‘what do they know’ website to someone complaining about Atos centres not being accessible in which the DWP have said that they feel Atos centres are compliant with the Disability Discrimination Act precisely because alternatives such as home visits are arranged if someone with mobility problems can’t access an Atos centre. If Atos do not in fact provide home visits I think there might be a case that they are violating the Disability Discrimination Act
Comment by GS — April 14, 2012 @ 3:50 pm
Also see http://www.shoosmiths.co.uk/news/2732.asp
Even private companies like banks have to make ‘reasonable adjustments’ to make sure customers can use their services. I would have thought that with private companies which are contracted to perform public services – it is all the more important that they are DDA compliant
Comment by GS — April 14, 2012 @ 3:53 pm
ATOS use the home visit or alternative venue excuse as a way in which to flaunt Health and access issues. The real crux of the matter is egress! the HSWA1974 and the Equalities Act both say safe access and egress to and from the premises and this means everything from a field to a multi story block of flats. ATOS avoid home visits like the plague because it puts the client in control and takes away the intimidation their premises has, there are several interesting stories re home visits on the forum and blog. So no, they aren’t being altruistic in any way, just devious.
Comment by dwpexamination — April 14, 2012 @ 6:53 pm
ATOS think they are above the Law, they even get their assessors to sign what they say is the Official Secrets Act a blatant abuse of crown copyright because if they had permission to use it, it would carry the Royal Crest. The Government have also failed to monitor a 100 million pound contract.
Comment by dwpexamination — April 14, 2012 @ 6:55 pm
My wife won a minor victory in terms of getting a home visit. How she got it may be useful to others.She has a severe chronic illness which means she is housebound and often bedbound. When she first applied for ESA ( having had IB for a number of years) she asked for a home visit and was told to fax a letter from her GP supporting it which we did. She heard nothing until I rang after the date of her medical assessment and was told her claim had been stopped as her home visit was refused – “not enough details in her GP’s letter” – and she hadn’t attended the examination centre. The DWP then rang to ask why she hadn’t gone to the assessment centre. When she explained, her benefits were re-instated. 2 months later Atos wrote again with a date for an assessment at their centre. I got in touch with the CAB who said Atos will only do home visits for claimants who are bedbound (i can think of plenty of conditions which mean you are housebound but not bedbound eg agrophobia so this needs to be challenged). Atos demanded another letter from my wife’s GP who was away and would not be able to meet the deadline. I wrote a very strongly worded letter to Atos which attached the original GP letter and another one which reiterated his support for a home visit (sent when my wife’s claim was stopped – but ignored by Atos). I said we would be contacting our MP ( Labour – although as Labour bought this in in the first place…), various advice and disability agencies, that their reasons for refusing a home visit were outrageous and said that unless she received a date for a home visit we would take whatever action was necessary against Atos in terms of campaigning/complaining. This letter was faxed and sent in the post. A few days later we received a call from Atos saying they would write with a date for a home visit. In the meantime the CAB said if she was refused a home visit they would intervene on her behalf so it is well worth contacting them and any othe local welfare rights/legal agencies to help you fight. As a result of the stress of dealing with Atos my wife’s condition has deteriorated and she is on increased medication. Bastards.
Comment by redrosa — April 15, 2012 @ 7:30 am
Another carefully calculated change in tactics by ATOS. Housebound is housebound, it means just that and ATOS need to be taught this as they are obviously too callous and sly (its not stupidity as they were clever enough to figure this out). Their HCP’s are worried about themselves on home visits, it has nothing to do with the client, this is self preservation on their part lets push for home visits every time. The way to do this is to tell your GP what ATOS are up to and ask for a detailed account of your request for a home visit to be sent rather than a few words briefly describing your situation. We need our GP’s to grow a backbone too otherwise they will get away with this.
Comment by dwpexamination — April 15, 2012 @ 8:00 am