EXCL: ATOS forces doctors into Secrets Act
3:57 pm - April 12th 2012
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The company ATOS Healthcare – which is contracted by the Department for Work and Pensions to carry out medical assessments for welfare claimants – is gagging its doctors from speaking out by using the draconian Official Secrets Act, Liberal Conspiracy can reveal today.
A doctor, who currently works with the company and chose to stay anonymous, told us there was “no justification” to sign this kind of document.
He said the demand for doctors to sign the OSA was recent and he hadn’t been asked to do so when he previously worked at the company.
In an interview, he estimated that the form was introduced late last year, after the company faced a barrage of criticism online.
He sent us documents that proved ATOS Healthcare forced doctors to sign the OSA, putting a blanket ban on whistle blowing.
He said it was a direct violation of General Medical Council’s Good Medical Practice guide.
ATOS Healthcare has come under increasing fire in the last few years for forcing disabled welfare claimants into ludicrous and difficult medical assessments.
The chair of the Work and Pensions select committee, Dame Anne Begg MP, criticised the company last July, saying: “There have been failings in the service Atos Healthcare has provided, which has often fallen short of what claimants can rightly expect.”
It has also used legal threats to silence online criticism from disability rights campaigners.
Our source told us:
There is no scientific or medical basis for these assessments. But that is entirely a different matter.
There is no justification for a healthcare practitioner assessing a person suffering from back pain or depression to sign this kind of document.
Atos Healthcare is owned by Atos Origin, a French company. It has also been criticised for running tests in assesssment centres that do not have disabled access, even though a significant proportion of their visitors are disabled.
UPDATE: The Guardian have done a very important follow-up on the story.
@BendyGirl on Twitter points out that: When it was DWP medical services who did benefits medicals none of the Doctors had to sign OSA.
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Sunny Hundal is editor of LC. Also: on Twitter, at Pickled Politics and Guardian CIF.
· Other posts by Sunny Hundal
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Reader comments
This is more evidence of this Tory Led Coalitions deceitful, corrupt way of doing things unlawfully for gain (Cutbacks to the most vulnerable).
This Tory Led Coalition cares not for the poorest and most vulnerable in society and appear to have what seems like a deep feeling of gratification for inflicting misery to this group of people in society.
This Tory Led Coalition have rewarded the most wealthy with a healthy tax break at the last budget in March by taking from the poorest and most vulnerable in society and giving it to these people in that tax break.
I’d have been very surprised if ATOS hadn’t been bound by the same duties of confidentiality as the DWP: they share information so you can hardly expect some asymetry here.
The Official Secrets act is draconian because it is meant to protect the Government from being embarrassed by whistleblowers as much as protect clients, information. It is in real need of reform.
But as long as the DWP is sharing information with ATOS the State isn’t going to trust in the Hypocratic Oath.
Only the state or a body the state has authorised in its name can oblige someone to sign the OSA so the question is, does ATOS, a private organisation, have the authorisation of the state (in this case the DWP and IDS himself) to oblige its employees to sign?
This is appalling and just shows the power that ATOS and similar govt contractors have been granted. No doubt it will be used to prevent whistle-blowing in the public interest and the result can only be continuing and increasing abuse of sick and disabled benefit claimants.
Shatterface, this doesn’t explain why the company, which will obviously have been sharing info with the DWP for some years now, have only recently started asking participating medics to sign the Act. What’s changed?
To be fair to Atos, they are using DWP information, and all DWP staff sign the OSA. It can’t be expected that the information would just be handed over without legal safeguards.
Is it just doctors or all “healthcare providers” and what date did this new regime start please Sunny?
From the Guardian:
“Atos has said that it has contracts with other public bodies including the Ministry of Defence which require its employees working with those bodies to sign the OSA.
Atos added that it has one blanket security policy across the company and this was why doctors working with the Department for Work and Pensions’ assessment process were also being made to sign a statement saying they were aware of the terms of the Act.”
Maybe what the Doctors need here is to be better informed by ATOS, or their professional bodies, about what signing the OSA means for them (i.e. nothing if what they’re talking about is about ATOS’s health assessment processes).
Several points, which I’ve already made in the article.
Firstly – doctors were only recently asked to sign this, not when they started working with the DWP. Coincidentally, it was around the time that criticism of them online ramped up.
Secondly, doctors are already covered by GMC guidelines – its not clear why they have to sign OSA too.
Third – when Atos did this work previously, they did not force doctors to sign up.
Who needs the Stalin state when you can have the corporate state instead.
But, but if these corporations have nothing to hide they will have nothing to fear. Oh wait……….,,,
not many whistleblowers have broken out ” Rightthewrong ” in Guardian CIF who said he was under orders to fail 75% come hell or high water which just happened to “coincide ” with Daily Diana headlines based on survey by Sheffield Hallam Polyversity ” ” conveniently ” carried in the London / South East service sector not in the Midlands , North and Scotland , he stated that the assessments were already draconian …then there was that nurse in Scotland that blew the whistle – some doctors have gone to ” Private Eye ” or indirectly via a ” friend of a friend ” …hence the none too complementary ” In the Back ” articles
It’s a vicious and paranoid company , apparently staff are encouraged to look out for anything that is ” slanderous ” or ” libellious ” and pass it on ….probably without knowing what those words really mean …according to the Graun’s Jon Ronson
The irony is that ATOS have been used by the DWP as a stick to beat their own staff as ” Occupational Health Service ” providers for years ………..medical evidence provided by consultants is ignored and staff are passed ” fit for work ”
…..a DWP JCP+ manager with ME was medically retired , then passed fit for work when she then later claimed benefits from the DWP ………there’s an interesting blog by ” Humphrey Cushion ” where the ATOS Doctor allegedly said that the LIMA software is purposefully set up to give a negative response to CFS / ME etc….this apparently ties in with the ” Bio – Psychosocial ” or ” all in the mind ” behaviorial / ” deviancy ” model that UNUM lobbied for to be worked into UK Government Policy .
…….this appears to date back to the UNUM Provident ” days when these conditions were to be ignored and ” aggressively managed ” …UNUM Provident were later outlawed after a class action and a intense internet campaign over the pond . Let’s just say the links with UNUM as they now are and ATOS Origin are very organic .
There’s also been too many similar horror stories about staff being disciplined over absence to be a coincidence , a cancer patient in remission was allegedly frog marched out of her office . The PCS union try and get representation for their members if they are sent to ” medicals ” held by ATOS .
ATOS also have a bad reputation with Royal Mail CWU members …again at Conference …delegates wanted representation for members on sg
“using the draconian Official Secrets Act, Liberal Conspiracy can reveal today”
I don’t think you understand what draconian means. Also, there’s nothing wrong with the official secrets act when it’s used in relevant situations (which this clearly isn’t.)
Everyone appears to be running scared and there seems to be a frantic effort to cover things up . I strongly suspect that Chris Grayling already knew about this and has been very economical with the truth at best in Parliament in his dealings with Tom Greatex Labour MP .
That a private firm arrogates to itself the functions of the state, AND tries to cover that up as well, is preposterous, in itself criminal, and a resigning matter both for the minister and the board of the firm.
ATOS Origin are in the Daily Mirror again – Andrew Peninon and Nick Summerlad usually cover dodgy ticket agencies , crooks running bogus home working schemes etc in that regular feature …it’s ” interesting ” .
Surely the Official Secrets Act only covers Official Secrets? Fraud, mistreatment etc are NOT official secrets and the Act would not compel people to keep such things confidential. Also, I am not aware of the Official Secrets Act ever being weighed up against the Public Interest Disclosure Act, which states any agreement between an employer and an employee is void in so much as it seeks to prevent a protected disclosure.
There’s no justification and no need to sign the OSA to protect patient data, as that’s covered by a Doctor’s standard obligations on patient confidentiality.
But then the Official Secrets Act is not about protecting secrets – it’s about protecting officials.
When I worked for the DSS I never had to sign the Official Secrets Act so do the staff at DWP now have to sign it then.
I do not believe the type of information DWP holds is relevant to the Official Secrets Act and would think that ATOS are trying it on
I don’t think you understand what draconian means.
“Throws you in jail for whistleblowing”. Ask Sarah Tisdall.
Although I agree the Atos is a dreadful company, and while I think asking doctors to sign the Official Secrets Act is weird, this article is a bit alarmist at the expense of the facts. Asking Doctors to sign the OSA is not “a blanket ban on whistleblowing”, as it just relates to “Offical Secrets” relating to national defence etc. (hence the name).
In fact, signing the OSA doesn’t confer any more legal obligations on someone than they had already; the only difference it makes, as far as I know, is that signatories can’t later claim ignorance of the law.
You can just about read the text in the document reproduced above, and there’s nothing there that would contractually prevent Doctors from drawing attention to how bad Atos is. Acting like it does could well have the adverse effect of scaring doctors into silence.
Which leaves the question of why Atos is doing this at all. Maybe it is as an attempt to scare doctors into silence, even if that doesn’t hold water legally. Or it might be exactly what it says – to remind doctors that they mustn’t divulge official secrets that they might hear from people they’re assessing. I imagine, for example, they’re seeing a lot of veterans of Iraq and Afghanistan, who might, in explaining how they became disabled, unwittingly divulge operational details. Bit of a stretch, I know, but just about plausible?
A few seconds ago · Like
Never mind, our personal medical records are now easily accessible by many.
Please read this post
http://forums.moneysavingexpert.com/showpost.php?p=52439731&postcount=75
The official secrets act is mentioned in numerous places in the contract (dated 2005) – even mentions things that are ‘top secret’ and matters of national security etc – this cleary is something that has been in the contract for years, so grayling appears clearly to be lying, as do the dwp.
[18] “I imagine, for example, they’re seeing a lot of veterans of Iraq and Afghanistan, who might, in explaining how they became disabled, unwittingly divulge operational details” – hang on let’s get this straight – are you suggesting the wily ATOS yes-men, sorry, I meant doctors, will be wringing all sorts of official military secrets from delirious ex-serviceman?
Why on earth didn’t Chilcot adopt such a dastardly approach?
Grayling should instruct ATMOS to cease this immediately, or had have ATMOS and Grayling got something to hide?
RE ATOS HCP’s being forced to sign the Official Secrets Act leak
Everyone appears to be running scared and there seems to be a frantic effort to cover things up – given all the negative coverage that ATOS Origin has recieved recently .
That a private firm arrogates to itself the functions of the state in a manner not unlike the extreme corporatism in Fascist Italy under Mussolini during World War II AND THEN tries to cover that up , is preposterous ; in itself criminal and a resigning matter for the Minister’s responsible and the Board of ATOS ? .
There is no justification for it and no need to sign the OSA as that’s covered by the Hypocratic Oath which incidentally states …Do no harm and the interests of the patient not customers as they are refered to by ATOS Origin ….in reality the customer is the DWP .
There’s also the ” little matter ” of the counter balancing Public Interest Disclosure Act and said act makes an agreement between an employee and the employer null and void . Only the state can force people to sign the OSA .
This is a atypically deceitful , unlawful and corrupt way of doing things . You can bet your bottom dollar that Messrs Duncan – Smith , Miller and Grayling will be taking up directorships with these spivvy poverty pimp firms when they leave politics . Someone will be scapegoated and hung out to dry to cover them against conflict of interests allegations to make it ” look straight ” .
ATOS use very ” similar ” methods to that used by UNUM Provident ( now rebranded UNUM ) in America . Insurance Industry methods and illegal definitions are employed …it doesn’t matter how vague , curious , obscure , contentious and contradictory the ” justification ” is for denying benefits . UNUM’s system was for claims for the likes of ME and CFS to be denied , they also use a system called Evidence Based Medicine ….the bitter irony is that there is often very little to no evidence to support their recomendations .
Also the ” assessments ” are called ” Non Medical Medicals ” as it’s essentially a tick box administrative process . ATOS like UNUM Provident use the Bio – psychosocial model or in plain english the all in the mind one ……..basically you are assumed to have a ” good doctor ” who according to the Tories is to be trusted to run his / her budget but on ESA claims is lazy and colluding with the claimant to overstate his or her case .
A class action was taken out in the States and UNUM Provident were outlawed in many states and in New Zealand .
The Bio – psychosocial psuedo science model treats illness and injury as ” deviancy ” …….this is dabbling with eugenics ……..the neo con dogma is that no one or thing has the right to exist unless a profit can be made in some way …again it’s shades of 1930′s Nazi Germany …especially with the inflammatory media coverage based on dubious , deceptive and disingenuous statistics from tabloid friendly DWP press releases .
The ultimate aim is a US style two tier Health and Welfare system …UNUM in the UK have lobbied for the benefit system to be as tough as possible as it’s in their interests to sell insurance premiums . Basically ATOS take the flack for them and it’s ” trebles all round ” as they say in ” Private Eye ” magazine . The links between both firms are apparently ” very organic ” .
ATOS appear to be on the run and fear the same consequences as UNUM Provident hence the bullying and instuitionalised paranoia .
* The LIMA computer says no ! software was developed by UNUM for ATOS Origin , it’s apparently set up to give a negative response to ME / CFS etc and to ” coincidentally ” ignore medical options in other instances .
As for the Nuremborg style – ” We are only obeying orders ” stance from ATOS …it’s BS …ATOS insisted from the outset that they would use LIMA …also it’s a selling something they haven’t got in order corporate BS to comply with their profit driven contract as regards to their grossly inadequate ” assessments ” .
Grayling, (and others) there’s a blog post here on a very similar subject, the way role reversal is now being practiced http://www.therainbowblog.co.uk/physiotherapists-banned-from-touching-patients/
This story discusses much about nothing.
ATOS-employed doctors are being asked to sign the OSA, in case they hear or read about something that is an official secret. Essentially doctors employed by ATOS are being asked to sign up to the agreement that a doctor employed by the DWP would have signed in former times. The only difference is the employer.
If you look at it from a civil liberties or data disclosure angle, nothing much has changed. Acts proclaim that breaching OSA is completely prohibited; precedence and common law acknowledge that citizens may breach the OSA if the cause is justified. See Clive Ponting.
As I said before DWP staff did not have to sign the Official Secrets Act in the past as they had nothing covered by it in their work. Obviously Departments like Treasury or Home Office would have to sign due to the nature of their work.
The only thing they had to be mindful of was the Data Protection Act
If this has changed in recent times you have to ask why as what official secrets do they know. They know very little except about us as individuals and our information does not come under Official secrets Act.
They’l have to know tax information at the DWP for the new Universal Credit so that’s new. Maybe that has some bearing. Not that there’s ever going to be any UC of course as the system’s far too complex to ever devise and implement especially with a budget of about threepence!
The OSA is a law – it affects everyone whether they’ve signed it or not. Requiring people to “sign” is a fatuous, meaningless pantomime.
When I worked for the DSS I never had to sign the Official Secrets Act so do the staff at DWP now have to sign it then.
I worked for the Employment Agency for a few months in 1993 and I had to sign it.
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- Pamela Heywood
Exclusive leak: Atos forces doctors to sign Official Secrets Act http://t.co/KCUYPoiO
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ATOS make doctors sign the Official Secrets Act to prevent whistleblowing. Unethical, and a breach of GMC guidelines. http://t.co/BOYFCH6y
- Bob Farrell
ATOS make doctors sign the Official Secrets Act to prevent whistleblowing. Unethical, and a breach of GMC guidelines. http://t.co/BOYFCH6y
- Tim Gluckman
ATOS make doctors sign the Official Secrets Act to prevent whistleblowing. Unethical, and a breach of GMC guidelines. http://t.co/BOYFCH6y
- BroughtonLass
ATOS make doctors sign the Official Secrets Act to prevent whistleblowing. Unethical, and a breach of GMC guidelines. http://t.co/BOYFCH6y
- Mark
ATOS make doctors sign the Official Secrets Act to prevent whistleblowing. Unethical, and a breach of GMC guidelines. http://t.co/BOYFCH6y
- Colin Smylie
ATOS make doctors sign the Official Secrets Act to prevent whistleblowing. Unethical, and a breach of GMC guidelines. http://t.co/BOYFCH6y
- Fiona
ATOS make doctors sign the Official Secrets Act to prevent whistleblowing. Unethical, and a breach of GMC guidelines. http://t.co/BOYFCH6y
- Jomentium
ATOS make doctors sign the Official Secrets Act to prevent whistleblowing. Unethical, and a breach of GMC guidelines. http://t.co/BOYFCH6y
- Chris Neale
ATOS make doctors sign the Official Secrets Act to prevent whistleblowing. Unethical, and a breach of GMC guidelines. http://t.co/BOYFCH6y
- John J Marachuk
ATOS make doctors sign the Official Secrets Act to prevent whistleblowing. Unethical, and a breach of GMC guidelines. http://t.co/BOYFCH6y
- Karen Peterson
ATOS make doctors sign the Official Secrets Act to prevent whistleblowing. Unethical, and a breach of GMC guidelines. http://t.co/BOYFCH6y
- Private sector medical staff assessing benefit claimants told to sign Official Secrets Act | Black Triangle Campaign
[...] doctors who work for Atos raised their concerns with the Guardian and online political blog Liberal Conspiracy after the company asked them to sign a document pointing out their obligations under the [...]
- Private sector medical staff assessing benefit claimants told to sign Official Secrets Act | Property Cloud | PropertyCloud
[...] doctors who work for Atos raised their concerns with the Guardian and online political blog Liberal Conspiracy after the company asked them to sign a document pointing out their obligations under the [...]
- Jackie Holden
ATOS forces doctors into Secrets Act
http://t.co/l1hgOd68 - Benefits cut for disabled man too ill to go to test … | Atos Victims Group News
[...] Exclusive leak: Atos forces doctors to sign Official Secrets Act(liberalconspiracy.org) Share this:PrintFacebookEmail (function(d, s, id) { var js, fjs = d.getElementsByTagName(s)[0]; if (d.getElementById(id)) return; js = d.createElement(s); js.id = id; js.src = "//connect.facebook.net/en_US/all.js#xfbml=1&appId=245029885604957"; fjs.parentNode.insertBefore(js, fjs); }(document, "script", "facebook-jssdk")); This entry was posted in Atos, Atos Assessments, Benefits, Disability, DLA/PIP, DWP, ESA, Poverty, Welfare Reform and tagged Atos, Atos Healthcare, Batley, Department for Work and Pensions, Disability, Disability Living Allowance, Huddersfield, Leeds by admin. Bookmark the permalink. [...]
- Andy S
EXCL: #ATOS forces doctors into Secrets Act | Liberal Conspiracy – http://t.co/PMYjexQV (via @exracer99)
- endaaaaaaaa
This is crazy "@andy_s_64: EXCL: #ATOS forces doctors into Secrets Act | Liberal Conspiracy – http://t.co/TsR2OwhP (via @exracer99)"
- CWaC Council Watcher
EXCL: ATOS forces doctors into Secrets Act | Liberal Conspiracy http://t.co/cyv8Sv9a
- John Murray
EXCL: ATOS forces doctors into Secrets Act | Liberal Conspiracy http://t.co/cyv8Sv9a
- John COYB Syme
ATOS is gagging its doctors from speaking out by using the Official Secrets Act http://t.co/lrAnC8TV
- Lunarteddy
ATOS is gagging its doctors from speaking out by using the Official Secrets Act http://t.co/lrAnC8TV
- andrew ohara
ATOS is gagging its doctors from speaking out by using the Official Secrets Act http://t.co/lrAnC8TV
- TheGirlLuvShoes
"@ligomersall: ATOS is gagging its doctors from speaking out by using the Official Secrets Act http://t.co/99mZiGkC" Are Labour gagged too?
- BevR
EXCL: ATOS forces doctors into Secrets Act | Liberal Conspiracy http://t.co/Bxaq1o8d via @libcon
- Brian Tomkinson
EXCL: ATOS forces doctors into Secrets Act | Liberal Conspiracy http://t.co/Bxaq1o8d via @libcon
- Mary Palmer
ATOS is gagging its doctors from speaking out by using the Official Secrets Act http://t.co/lrAnC8TV
- Anthony Adshead
EXCL: ATOS forces doctors into Secrets Act | Liberal Conspiracy http://t.co/f6bZDoQa via @libcon
- Les Tricoteuses
EXCL: ATOS forces doctors into Secrets Act | Liberal Conspiracy http://t.co/0Rx6Py4n
- NORBET
RT @libcon: EXCL: ATOS forces doctors into Secrets Act http://t.co/oMWKEw1z #ATOS #OSA #WCA #DWP #Tories #Povertypimps
- Sue Bowyer
This shows how #Dispatches & #Panorama investigations into #Atos #ESA #WCA were a tremendous success in… http://t.co/WHcyjInS
- Michael Bone
EXCL: ATOS forces doctors into Secrets Act | Liberal Conspiracy http://t.co/yMMRe0q3 via @libcon
- Edward McGurk
EXCL: ATOS forces doctors into Secrets Act | Liberal Conspiracy http://t.co/yMMRe0q3 via @libcon
- jo
EXCL: ATOS forces doctors into Secrets Act | Liberal Conspiracy http://t.co/5cuOW3OU via @libcon
- Atos Victims
This shows how #Dispatches & #Panorama investigations into #Atos #ESA #WCA were a tremendous success in… http://t.co/WHcyjInS
- thats him!!
This shows how #Dispatches & #Panorama investigations into #Atos #ESA #WCA were a tremendous success in… http://t.co/WHcyjInS
- jim paterson
@DPMoffice @LauraTrott31 @JoannaRowsell @DaniKing1 http://t.co/oaQdZcu9 but what about this crap
- jim paterson
http://t.co/oaQdZcu9 The Condem scum just seem to let these abhorrent tossers do what they like
- jim paterson
@SirSocks http://t.co/oaQdZcu9 The Condem scum just seem to let these abhorrent tossers do what they like
- lally crumble
This shows how #Dispatches & #Panorama investigations into #Atos #ESA #WCA were a tremendous success in… http://t.co/WHcyjInS
- Me BALLET
EXCL: ATOS forces doctors into Secrets Act | Liberal Conspiracy http://t.co/nuoGUfLG via @libcon
- BevR
EXCL: ATOS forces doctors into Secrets Act | Liberal Conspiracy http://t.co/Bxaq1o8d via @libcon
- Magapanthus Smith
EXCL: ATOS forces doctors into Secrets Act | Liberal Conspiracy http://t.co/Bxaq1o8d via @libcon
- John McNeill
EXCL: ATOS forces doctors into Secrets Act | Liberal Conspiracy http://t.co/Bxaq1o8d via @libcon
- jayne coombes
EXCL: ATOS forces doctors into Secrets Act | Liberal Conspiracy http://t.co/zBjhy77s via @libcon
- neil lambert
- Kanjin Tor
Just a reminder — ATOS forces doctors into Secrets Act http://t.co/pqM7g4Hi
- Blackeyeddog
Just a reminder — ATOS forces doctors into Secrets Act http://t.co/pqM7g4Hi
- Craig Williams
Just a reminder — ATOS forces doctors into Secrets Act http://t.co/pqM7g4Hi
- Faith Clarke
Just a reminder — ATOS forces doctors into Secrets Act http://t.co/pqM7g4Hi
- Liz Allen
Just a reminder — ATOS forces doctors into Secrets Act http://t.co/pqM7g4Hi
- Samuel Miller
@BendyGirl I share your confusion. This is from April of this year:
http://t.co/cPbE7X5m - michelle maher
@griffglen @mgtmccartney http://t.co/cJZWAGaw This statement was made in April saying they didi not have to sign OSA before at ATOS
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