Source · SPSO (Scottish Public Services Ombudsman)

A Medical Practice in the Tayside NHS Board area

SPSO (Scottish Public Services Ombudsman) Upheld Reference 201806950 Sector Health Category policy / administration Decided 01 May 2019

Full decision

Summary

Mr C complained about the information which a GP entered on a form for Employment Support Allowance (ESA). The GP had included historical information in Mr C's medical records, which Mr C felt was not relevant.

We took independent medical advice from a GP. We found that although the information was contained in Mr C's medical records, it was not relevant to the reasons why Mr C was unable to work at that time. The form does not ask for a summary of a patient's past medical history but rather about the patient's current medical conditions which may be a barrier to them being fit for employment. We upheld the complaint.

Recommendations

What we asked the organisation to do in this case: Apologise to Mr C for including information which was not relevant to his current medical condition. The apology should meet the standards set out in the SPSO guidelines on apology available at www.spso.org.uk/leaflets-and-guidance.

What we said should change to put things right in future: The GP concerned should ensure that in future only relevant information regarding the patient's current medical condition is entered in the ESA form.

Related reading

View Decision Report 201806950 as a PDF (25.27 KB) Updated: May 22, 2019

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