Recording In Secret

[Scarlett]

I have an Atos interview (at home) this week. Last time I had one, they wrote that I could stand up for half an hour, walk 500m etc, all things that I haven't been able to do in years. They stopped my benefits and I appealed, and won. I had to jump through hoops and get a zillion letters from GPs and specialists to take to court to try and show that their assessment was not just inaccurate, but was completely made up, compared with what I was telling them. I want to record my interview with them, so that I have clear proof of me telling them my capabilities. Then, if they change what I have told them, I have proof of this too. (After all, how can someone I have just met possibly know how I cope on a daily basis?). Is this illegal, and would I therefore have to ask their permission to record my interview?

[NOX]

that was not what you said Murray- for sure a judge etc COULD decline to hear the evidence- in reality they rarely do.

[murraymints]

I can only relate official policy in this matter in my experience...I have seen such proffered evidence binned by tribunal at the offset . many many times

[murraymints]

I am talking of government dept tribunal pertaining to benefits...which would be your redress..not a criminal court unless fraud were to be pursued..

[stewey]

Scarlett, just go ahead and do it, and deal with any consequences, if any, later.

[NOX]

I'm not going to argue the point because we are approaching it from different angles and have differing experience so in essence we are both right, BUT the point of this question was that Scarlett felt that her last interview had been fabricated- therefore we are here to help Scarlett, not ATOS, therefore because recording them is NOT illegal and cannot possibly do any harm it's worth doing. If at a later date there is a difference of opinion she has considerable leverage against them- she can produce it at a tribunal who may or, in your experience, may not accept it, if they don't she can threaten to flog it to The Sun and make a big hoohaa, in either event it gives her more of a chance against them not less of a chance, which is, I assumed, what we were trying to facilitate.
So once again- it's not illegal but they may or may not accept it at a tribunal- in either event you do not need to ask their permission first if you do not wish to, but if you do and they agree it might make them more careful about the way they handle your case in the first place.

[murraymints]

you would be much better advised to have witness to interview as I suggested..not family...

[Buenchico]

To get some actual facts in here:

There is no criminal offence committed by covert recording by a private individual in the UK. There might be relevant issues where a recording is made by an organisation which is required to register under the Data Protection Act but that simply doesn't apply to private individuals.

Theoretically the permission of the owner of the property (where the recording is to be made, if not in a public place) is needed but failing to get such permission is only a civil matter, not a criminal one. (Civil action could only occur if, for example, a record producer took a group into a cathedral to record a track without the cathedral's permission. It's simply not relevant in the type of circumstances referred to here).

As NOX says, you can legally record (via audio, still photographs or video images) anyone or anything while you're in a public place, on your own property or in a place where you have permission to make such recordings. So, for example, I can video people in their front gardens (or even through the windows of their homes) from a public footpath perfectly legally. Even if I walked into their garden to make such recordings it would only be a civil matter and not a criminal offence. [There are few limited exceptions, such as sexual voyeurism, but they're not relevant here].

I used to be a union rep and I always covertly recorded meetings with employers. It was amazing how often my recordings had to be used to discredit the official records of those meetings!

[jackthehat]

By what method are you considering recording the meeting?

I suggest that you start recording the minute that the doorbell rings, advise the interviewer that you will be recording the meeting throughout and do *not* switch it off at any point (so make sure you have 60 minutes, or so recording time available to you) and then agree, at the termination of the interview, that you have been speaking for 45 minutes, or whatever. That should ensure 'continuity' of recording and be sufficient, on forensic examination (should it ever get to that point) that there are no breaks, pauses, etc. where the recording should have been subject to alteration.

[NOX]

Murray for further clarification on this please see for one example:-
In Dogherty v Chairman and Governors of Amwell View School [2006] All ER (D) 112 (Sep)

where a covert recording was admissable, listing legal reasons why this was the case ( essentially it proved the other side lied).

[murraymints]

again...I am speaking of government dept tribunal pertaining to benefits...whole different scenario..and what would be Scarlett redress..no other type of court..

[NOX]

The same admissability procedures apply to any form of tribunal as well Murray- all tribunals have to tick these boxes, whether employment, disability - whatever- they are not exempt from the need to decide if the evidence is admissable or inadmissable and they use this ' check list' if you like to decide- it's purely proceedural.

[murraymints]

I can only give you my practical working experiences of these matters over many years..

[woolleysheep]

when its been done on the telly i don't think the told them first