NWEF September 2017 Meeting Minutes

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NWEF September 2017 Meeting Minutes

Post by Beachcomber on Fri Nov 03, 2017 7:11 am

Latest from NWEF

NWEF Minutes 1 Sept 2017

Of particular interest to IOD's :-

8. Legal Updates

IOD Awards

Kevin Mckernan (KM), Northumbria Police, updated members of some current developments being experienced with injury award cases, a discussion from the group took place on the following points:

1) Audio Recording
The SMPs in attendance advised they would not refuse the recording of their consultations but they would want to know in advance, they would want a copy of the recording and would expect the recording to made of evidential standard, recording the consultation on a smart phone would not be acceptable. The SMPs highlighted that recording the consultation ultimately would not change their decision so were unsure as to the reason for the recording, unless it was to assist the pensioner to recall what they had said during the consultation.

2) Limitation to Disclosure of Medical Records
The general view was that it is the SMPs process so it is up to the SMP to direct what information or evidence they require, if an individual is refusing a step of the SMP process then it could cease.
The Federation disagreed with this view as it was felt medical records were personal and confidential and the individual could choose whether to consent to disclosure or not.

3) Refusing to complete a questionnaire for the purposes of Reg 37(1)
It was felt the exchange of information between the pensioner and SMP is essential to identify substantial change.

There was comment that the case of Laws set the principle that a case cannot be referred for degree of disablement to be reviewed without evidence of substantial change; the questionnaire assists with the gathering of evidence.

The Federation highlighted inconsistencies with questionnaires nationally and gave the view that some are more intrusive than others. KM suggested to the Federation whether it was possible that a set of questions could be agreed; Federation agreed this was a possibility with the involvement of NARPO. However it was raised that the process belongs to the SMP and if a standard questionnaire was to be set nationally then all SMPs would also need to agree.

Pending GDPR
It was highlighted that the new General Data Protection Regulations would be coming into effect from May 2018 which would have an impact on consent. Draft guidance notes are on the Information Commissioner’s website, members were encouraged to view these guidance notes.

Overview of GDPR – Click Here
Detailed draft guidance relating to consent – Click Here

Notes on other relevant cases would be circulated with the minutes.

9. Updates from Home Office
Kimberley Reed (KR) introduced herself as a new representative of the Home Office responsible for health policy including mental health, she provided the following updates:
a) Withdrawal of HO Guidance
An outstanding action from the previous meeting was regarding the review of existing HO guidance which was in contradiction to case law and exploring whether this could be changed or withdrawn. KR advised the HO Pensions unit required clear identification of the guidance in question where it is published and the issues being caused.

ACTION: Northumbria Police to continue to liaise with the Home Office
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