So the GP won't sign my legal aid form

[TtipParty]

Basically he says there isn't enough evidence to prove i've experienced physical, sexual and emotional abuse from h. I suppose I should've expect this because I never actually went to the police when he tried to suffocate me, or all the times he groped me without my consent, or when he used to take me by the arms and shake me, pushing me against the wall. GP says he only has my word to go on, and that's not enough.

I've filed a complaint, but not sure if I should hold out any hope of it being upheld or acted on? To be more specific, he said he could agree that my anxiety (or 'only anxiety' as he put it) was consistent with domestic abuse, but he couldn't agree that he was satisfied it wasn't due to 'something else'. I asked him what else he thought it could be caused by, and he said he didn't know, could be anything, and his job had to be evidence based.

This reminds me of the philosophical thought experiment in which the doctor says,'show me your pain'. I'm going to walk away now as I'm not feeling any less hopeless reading these responses.

OP, don't give up. Get back onto Women's Aid and ask if there are any solicitors offering free half hour sessions. There are also firms that will give reduced rates to women in your position, those with a special interest in the area of DV.

The loss of Legal Aid is devastating for women as a class, but that is not your GP's fault. Blame the fucking politicians with the woman-hating agenda.

Do GPs in general sign these forms though?

Information here as to who can assist in documenting evidence in support of an application for Legal Aid.

I, sadly, agree. I don't know what the wording on the form says, but the GP has to be able to sign it as true.

If the wording says 'I confirm that the patient has informed me that she has suffered from physical/mental/sexual abuse and is currently showing signs of anxiety' then the GP can sign.

If the wording is anything to do with the GP's professional opinion as to the origins of your anxiety, he/she can't claim that it is due to abuse if it's the first he/she has heard of it.

It's a bit similar to education appeals where people ask the GP to provide evidence that the school appealed for is the only suitable school. Many people end up with a letter that says 'X tells me that this school is essential because.....' rather than 'in my opinion this school is essential because....'. The latter counts. The first doesn't.

That said, it doesn't mean that you can't keep going. It doesn't mean that you can't make an appointment to talk about how the abuse is affecting you and asking for help.

It won't take long to build a paper trail.

Yes, a GP (or other HCP) can provide documentation but they must have seen you within the last 2 years with health problems directly related to the emotional or physical abuse.

On reading that form linked to by AnyFawker, the GP need only confirm that you suffer from a condition consistent with domestic abuse. I would go back to him and point out that he needs only word the letter that your mental anxiety is consistent with domestic abuse. He doesn't need to state that abuse took place.

And if he won't sign it, ask to be referred to another GP in the practice.

It's worth a try, Alpha, I agree

That was my original assumption. He seemed to agree that my symptoms were consistent with what I was saying, but couldn't say he didn't have a reason to believe they weren't being caused by something else. But at the same time he didn't think they were being caused by anything else specific that he could see on my medical records. Arggh, semantics!

There is guidance from the BMA as to the provision of evidence in support of legal aid applications. The following is an excerpt from the BMA's website. It is made clear on there that the BMA were not comfortable with providing this evidence as it may compromise the doctor patient relationship. Doctors have to act with integrity and I think it was a bit of overkill on your part to complain.

BMA EXCERPT......

Where a patient has been examined by a doctor in the last 24 months, and there is clear information in the notes that the patient at the time informed the doctor they were suffering domestic violence, (whether physical or psychological), doctors would be able to sign the template letter as it is.

Where a patient has been examined in the last 24 months, but there is no clear information in the notes that the patient at the time informed the doctor they were suffering domestic violence, but are doing so now, doctors are advised to state the facts as they understand them and avoid interpretation.

In this situation we would advise members to state that the patient did not disclose at the time of the origin of the injuries but is doing so now.

Well I guess if overkill is me trying to get justice for myself and my kids, that's what it is. Guilty as charged.

I think you're directing your anger in the wrong direction.

The whole point of certification is to enable legal aid to be allocated to people who meet the criteria. The criteria (the merit of which is for another thread) states that to be eligible for legal aid for divorce there must be abuse present.

In order to allocate the legal aid to those who met the criteria, there has to be some objective judgement of whether abuse has taken place. Rightly or wrongly, it has been decided that the evidence of that will be in the form of some professional body certifying that an incident, or incidents, have taken place which has resulted in 'injury' ('injury' including mental distress).

Otherwise, if it was a matter if self-certification, everyone could tick the box so they were eligible for legal aid, circumventing the rule.

If you read the contributions of posters, they're trying to help.

Oh, and I'm also trying to act with integrity, and just rolling over and letting h get off Scott free would show a huge lack of integrity as far as I can tell.

Trip, no one is saying that. It's an awful situation. I would second approaching the police. They can and do investigate historival reports. By all means talk to the/another gp again, ask wa if they have anything you can show them to support your request, speak to a solicitor, don't give up. All anyone is saying is that the gp isn't wrong in a definitive manner.

It's wrong that you need to fight so hard for support as a victim of do. There should be better systems in place.

Sorry about the typos, my phone is determined it knows best

Yes, I've read the posts. Some were helpful, some less so. Walk a mile in my shoes and then tell me what I can and can't get angry about. Apologies for not being the perfect victim.

We are not the enemy, love

Did I say you were?

I'll leave you to it. Good luck

Looking at things from a purely evidence base, he could say that you report domestic abuse and have been diagnosed as having anxiety, for which you are undergoing counselling/receiving medication etc. He could allude to a known link being present generally, between domestic abuse and anxiety.

No doctor would have 'evidence' if that's what he wants- what was he expecting? To go to your house and watch?!

Fgs nobody is actually present at the time of the abuse occurring. That's why this absurd legal aid qualification is so fucking stupid. As a social worker I can assess whether I believe that DA has occurred and write a risk assessment which is used as evidence for legal aid. I don't see it occurring but my professional judgement is sufficient. Likewise DA charities do the same. So why can't a GP? The requirement for professional evidence is based on the notion that professionals can make judgements based on other factors rather than simply witnessing the abuse first hand.

Ehric I think a social worker would be trained to look at a variety of things before giving their opinion. Things that are wider than a doctor would be comfortable with.

Evidence for a GP would normally be medical in nature.

What do you think we base our opinion on? The client's own account and her presentation tends to be the main evidence. Both of which a GP can assess.

It's not true that your GP needs 'proof' of abuse, he just needs to have been informed of the abuse. He should be writing a non-template letter simply stating what you told him. He does not have to attest as to whether what you say is accurate, he is simply required to confirm that you said it.

There is very rarely 'proof' of emotional abuse, and no GP can ever be sure of the cause of anxiety and depression, and yet GPs still write letters supporting legal aid applications in such cases.

This has nothing to do with 'evidence-based medicine'.

What you have is a GP who won't play ball.

You could try and switch to a female GP and see if you get someone who understands better, but that will cause issues in itself.

This is why it is vital to report all abuse to police and doctors at the time.

A GP, like any other doctor, will only give an account based on what's in the records Ehric i.e. multiple attendances with DV related injuries or stress/anxiety over a period of time before being given the form. If the OP has suddenly presented the GP with the form when there have been no medical attendances related to DV prior to this, it's quite understandable they have little reason, regrettably, to sign the form.

If social workers are prepared to sign off on these things with no evidence, effectively based on uninformed opinion, that's their lookout. It's certainly not how your average GP is going to act.

Sympathies for your experience, OP, but your complaint against the GP is unfair and a misdirection of your anger and I feel sorry for your GP (complaints are very stressful).

It's ridiculous how many organisations simply direct people to their GP for all manner of notes which have little medical relevance.