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        dmhef - MALG
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1.     the Finance and Leasing Associations Lending Code  the Credit Services  Association   s Code of Practice     It is recognised in The Financial Conduct Authority   s Occasional Paper No 8     on  Consumer Vulnerability     No agency or individual from the creditor  advice  or health social care sectors  is obliged to use the DMHEF  It has been designed as a voluntary tool to improve  the collection of information     1h  Is the DMHEF copyrighted    MALG and the Royal College of Psychiatrists hold the copyright to the DMHEF   However  you are encouraged to use  photocopy  or disseminate the DMHEF in its  entirety  as long as this is for non profit making purposes only  If you wish to  revise  alter  or reproduce questions from the DMHEF for any purpose  you will need  to obtain the permission of MALG and the Royal College of Psychiatrists     How should creditors use the DMHEF     2a  Overview  the ten steps    There are ten steps involved in a creditor using the DMHEF   a mental health problem is identified  the creditor finds out more about this    the creditor decides  a  whether medical evidence is needed and  b   whether the customer can collect this evidence    the creditor explains to the customer how the evidence will be used   and gets their explicit consent to collect evidence for this purpose    the creditor sends the customer a blank DMHEF  a blank Consent Form   a stamped addressed envelope  with the creditor s address on it   and a covering letter  template le
2.   sends the customer a photocopy of the  completed DMHEF and signed Consent Form for their records and   b  discusses the action they are now going to take with the  customer    The creditor should send a photocopy of the completed DMHEF and the  signed Consent Form to the customer as soon as possible  as they will  want to see what has been written about their mental health problem     When doing this  the creditor should always strongly recommend to the  customer that they send a copy of the completed DMHEF and a copy of the  signed Consent Form to any other creditors they may have     The creditor should also discuss with the customer the action they intend  to take     The Data Protection Act 1998    Sa  Overview  creditor responsibilities    Creditors should be familiar with their responsibilities under the Data Protection Act  1998  These include  but are not limited to        obtaining explicit consent from the individual to collect evidence    e ensuring that record management is compliant with the Act   before using  medical evidence that has been previously stored  you must check this evidence  is still accurate  relevant and timely      destroying any medical evidence that is no longer accurate  relevant or timely    3b  Explicit consent    A key responsibility for creditors under the Data Protection Act 1998 is ensuring  that an individual has received an explanation of how their information will be  processed  and that they have given their explicit consent for t
3.  6    form  and a stamped addressed envelope  with the creditors  address on it     The creditor will need to send the customer the following      ablank DMHEF version 3     a blank Consent Form  creditor version      stamped addressed envelope  with your organisations    address on it     The creditor should always attempt to write the customer   s contact details   the name of their organisation  and if appropriate any reference number   on the front of the DMHEF in the boxes provided     the customer reads and signs the Consent Form    By reading and signing the Consent Form the customer is giving their  explicit consent for the health or social care professional to complete the  DMHEF     Unless the Consent Form is completed and signed  the health or social  care professional should not complete the DMHEF     The creditor should be aware that before signing the Consent Form  the  customer may want to ask the creditor further questions about the  DMHEF  including what will happen to their information  or with whom it  might be shared     It is important for creditors to remember that the Consent Form can also  be completed and signed by a third party authorised to act on their behalf     Step 7 the customer approaches a health or social care professional of    their choosing to complete the DMHEF  and gives them the blank  DMHEF  the signed Consent Form  and stamped addressed  envelope     The customer should decide which health or social care professional to  approach for
4.  creditor decides  a  whether medical evidence is needed and   b  whether the customer can collect this evidence    By this point  the creditor should have spoken with the individual to  establish how their ability to manage money has been impacted by the  reported mental health problem      a  If despite this conversation  unanswered questions  concerns or doubts  remain  or the individual   s situation is complex and needs further  exploration  the creditor may consider that medical evidence needs to be  collected     When taking this decision  the creditor should check whether the customer  has recently collected any medical evidence about their mental health  problem  e g  in response to a previous request from another creditor   either using the DMHEF or another method  If so  there may not be a  need to collect    fresh    medical evidence      b  The creditor should then assess whether the customer will be able to  collect this evidence from a health or social care professional  If the  customer is       able to collect this evidence  please continue to follow steps  4  10 in this Guide  These steps describe how the customer and  creditor should work together in order for evidence to be collected from  a health or social care professional      unable to collect this evidence  please do_not follow steps 4 10 in  this Guide  Instead  the customer will need to get help from an  independent debt adviser  see P16 P17 for contact details   and they  may need to be given addi
5.  evidence  This should be someone who knows the customer  in a professional capacity such as a general practitioner   psychiatrist     nurse  psychologist  occupational therapist  social worker or another  worker    The customer should provide this health or social care professional with a  completed and signed Consent Form  a blank copy of the DMHEF to  complete  and a stamped addressed envelope with the creditor s address  on it     Step 8 the health or social care professional completes the DMHEF     and returns this  and the Consent Form signed by the customer   inthe stamped addressed envelope    The health and social care professional completes  signs and stamps the  DMHEF  and then returns this to the creditor in the stamped addressed  envelope  along with a copy of the Consent Form signed by the customer      Step 9 the creditor receives the completed DMHEF and the customer    Step 10    Consent Form  and decides what action they will now take    On its receipt  the creditor should read and check the DMHEF  ensuring it  is signed and stamped by the health or social care professional to  authenticate its completion and combat fraud      The creditor should take into account the information in the DMHEF to help  it make a decision on what action to take next  For credible information on  a range of mental health problems  please visit www rcpsych ac uk debt    The creditor may also wish to store in its records the Consent Form signed  by the customer     the creditor  a
6. MHEF  and has  approved it as keeping to the Data Protection Act 1998  BOX 2      BOX 2 Information Commissioner   s Office statement  The following statement has been provided by the Information Commissioner s  Office about the DMHEF        It is important that creditor organisations and debt advisers have up to date  relevant  and accurate information about consumers who have mental health problems     It is equally important that users of such information remain aware of the sensitivity of  the data they are collecting  keep it secure  and use it only for the stated purpose     The DMHEF version 3 is a tool that enables the collection of this information  and it is  clear that careful thought has gone into its design     We welcome the opportunity to have reviewed the form and accompanying Guidelines  and we are sure that the form can be used in a manner consistent with the principles of  good data handling as set out in the Data Protection Act 1998           1f  Who developed the DMHEF    The DMHEF has been developed by the Royal College of Psychiatrists and the  Money Advice Liaison Group  in collaboration with creditors  debt advice agencies   mental health and social care professionals organisations  people with experience of  mental health and debt problems  and carers     1g  Which creditors recognise the DMHEF    The DMHEF is recognised in the Lending Code  sponsored by the British Bankers     Association  Building Societies Association  and The UK Cards Association
7. THE DEBT AND MENTAL HEALTH  EVIDENCE FORM V3  DMHEF     USER GUIDE  CREDITORS    It is strongly recommended that this guide is read by creditors  or their agents before the DMHEF is used for the first time     Summary  This guide introduces creditors and their agents to the Debt and Mental Health  Evidence Form  DMHEF  Version 3 and the Consent Form that is used with it     In Section 1  the guide covers the following questions     1a  What is the DMHEF  1e  How should the DMHEF be used    1b  Why was the DMHEF created  1f  Who developed the DMHEF    1c  What evidence does it collect  1g  Which creditors recognise the DMHEF   1d  Who can use the DMHEF  1h  Is the DMHEF copyrighted     In Section 2  the guide describes in detail the ten steps that creditors should take  when using the DMHEF and its accompanying Consent Form     In Section 3  the guide considers creditors    responsibilities under the Data Protection  Act 1998 when using the DMHEF to collect medical evidence     In Section 4  the guide provides answers to a series of other    Frequently Asked  Questions        Resources  The DMHEF V3  the accompanying Consent Form  this User Guide  and a one page     user flowchart    can all be downloaded at     www malg org uk  www rcosych ac uk debt       1a  Whatis the DMHEF     The DMHEF is a standardised form that can help creditors or debt advisers collect  high quality and relevant medical evidence  It is used most effectively when     A  an individual reports a mental 
8. and those working with them   Since 2006  we have run a research and intervention programme addressing the  relationship between financial difficulties and mental health  including information for  creditors and debt advisers     www rcosych ac uk debt    Samaritans  Support 24 hours a day  www samaritans org    UK08457 90 90 90  Republic of Ireland 1850 60 90 90    17    SANELINE    National  out of hours mental health helpline providing support and information   0845 767 8000 www sane org uk    StepChange Debt Charity  formerly The Consumer Credit Counselling Service     Charity helping people who are over indebted through free  independent  and realistic  support     0800 138 1111 www stepchange org    18    Appendix 1 standard template  letter    STANDARD TEMPLATE LETTER FOR CREDITORS TO USE  WITH THE DEBT  amp  MENTAL HEALTH EVIDENCE FORM    DRAFT    Dear   1     Case reference Number  Outstanding Balance    We understand that you are experiencing mental health problems that  are affecting your ability to manage your money     To help us take the best course of action  we would like you to obtain some  further information about this     Who should you collect this information from    The information should be provided by a health or social care professional who  knows you  This person can be a doctor  e g  GP  clinical psychologist  or psychiatrist    a nurse  including mental health nurses   a social worker  an occupational  therapist  or any other qualified health or s
9. e customer   s mental health problem   they should ideally ask the customer to provide this information  However  if there is a  need to obtain medical evidence  e g  the customer incurs a new debt   and the  customer   s situation has changed  then the DMHEF may be used to collect this medical  evidence  Due regard should be given to the Financial Conduct Authority  FCA    s  Consumer Credit Sourcebook on    Mental Capacity CONC Rule 2 10 see also P12      We strongly recommend that creditors refer to The MALG Royal College of  Psychiatrists    Briefing Note 4 that covers the issue of    explicit consent    under The Data  Protection Act in depth  It was issued on 3  April 2013 and is entitled    Appropriately  processing data from individuals with mental health problems under the Data Protection Act  1998      http   www malg org uk briefing htm     1  In such cases relevant information about the mental health of the individual should be retained throughout the period of the debt  only     11    Frequently Asked Questions  FAQs    4a  What should happen if the customer refuses to give their  explicit consent     If a customer is unwilling to give their explicit consent  including explicit consent to  complete the Consent Form   then the process cannot continue     The only exception may be if a third party is legally authorised to give consent  on the behalf of a customer  for example  in cases where the customer lacks the  mental capacity to make such a decision      Healt
10. e customer  or a third party with the authority to act on their behalf      By doing this  the customer is giving their explicit consent for a health or social care  professional to complete the DMHEF  This is explained in more detail on P6 P9     If the Consent Form is not  a  completed and signed by the customer and  b  shown  to the health or social care professional  they are highly likely to refuse to complete  the DMHEF     1b  Why was the DMHEF created     The DMHEF has been created in response to reports from creditor and advice  organisations about difficulties in       collecting relevant and high quality medical evidence from health or social  care professionals    e which could help the creditor or advice organisation identify better and fairer  decisions on what action to take when an individual reports that a mental health  problem is affecting their ability to manage their money    The current version of the DMHEF is Version 3  It was launched on the 28  of  November 2012  Previous versions of the DMHEF should no longer be issued   although creditors receiving older versions of the DMHEF should continue to  accept these  as some people will not be aware that Version 3 of the DMHEF is  now available  A common sense approach is needed     ic  What evidence does the DMHEF collect    The DMHEF asks eight basic questions  BOX 1   When completed by a health or  social care professional who knows the individual  the DMHEF can provide relevant  information about       
11. eir own process of obtaining explicit consent from the customer     It should always be remembered that the Consent Form that accompanies the DMHEF  even if  returned to the creditor with the completed DMHEF   only gives the customer   s consent for the health  or social care professional to complete the DMHEF  It does not give the customer   s explicit consent  for anything else  In short  the creditor will need to go through their own process of obtaining explicit  consent from the customer  including an explanation of how that customer s data will be used  stored   shared  and ultimately disposed of     15    5  Useful Sources of Information    Useful resources  Advice UK    UK network of advice and information agencies  020 7469 5700 www adviceuk org uk    Advice NI    Leadership  representation and support to independent advice organisations in  Northern Ireland   028 9064 5919 www adviceni net    Citizens Advice    Independent charities providing advice and information across the UK  Details of  individual bureaux are available at   England and Wales  www citizensadvice org uk    Scotland  www cas org uk  Northern Ireland  www citizensadvice co uk    Money Advice Service    Telephone advice for clients eligible for Legal Aid  and hosts national directory of  advice providers     0845 345 4 345 http   moneyadviceservice org uk    StepChange Debt Charity  formerly The Consumer Credit Counselling Service     Charity helping people who are over indebted through free  indepe
12. est for  the completion of the DMHEF from a number of creditors and  at different times   how could this be avoided     Creditors should check with the customer concerned whether any medical evidence  about their mental health problem has  a  already been recently collected or  b  is  about to be collected for another creditor  a debt adviser  or a different organisation     The creditor is also strongly recommended to advise their customer to send a copy of  the completed DMHEF and the signed Consent Form to all their creditors  However   this may not happen in reality     4f    am a creditor who has received a photocopy of the DMHEF  from a customer  but no other documentation     what should  I do     Customers may send photocopies of completed DMHEFs to their creditors  This is  most likely to happen in situations where the customer has had a DMHEF completed  at the request of another creditor  and the customer has then decided to send  this to all their creditors     Creditors are advised to review the submitted DMHEF  consider its contents  and to  use this as the basis for a conversation with the customer about their situation     In some situations  creditors who receive such a photocopied version of a completed  DMHEF may not receive a photocopy of the signed customer Consent Form  It is  vital to remember that this customer Consent Form only represents the consent  that a customer gives to a health or social care professional to complete the  DMHEF   it therefore re
13. h and social care professionals should not complete the DMHEF unless the  consumer has given their explicit and written consent for this to happen     The Information Commissioners Office has made it clear that the responsibility  rests with the health professional who should not complete the DMHEF without the  consent of their patient     4b  What  if any  bearing does the Financial Conduct  Authority  FCA    s Consumer Credit Sourcebook CONC Rule 2 10     Mental Capacity    have on the processing of the DMHEF     Much of the Office of Fair Trading   s Guidance    Mental Capacity  Guidance for Creditors    has been  transferred to the FCA Credit Sourcebook     The law relating to mental capacity differs across the UK  In England and Wales  advisers  should be familiar with the Mental Capacity Act 2005  In Scotland  the Adults with Incapacity   Scotland  Act 2000 applies  Northern Ireland does not have specific legislation relating to mental  capacity and common law applies     4c  Why doesn   t the DMHEF contain a question asking the health  or social care professional to estimate when an individual is  likely to recover return to work     We understand that information about when a customer is likely to recover from their  mental health problem return to work would be valuable to some creditors and  advisers     However  estimates or    prognoses    of such recovery return to work are extremely  difficult for health and social care professionals to provide     1  Making a u
14. health problem  to a creditor or debt adviser    I    B  and the individual says that the mental health problem has  impacted on their ability to manage their money    C  a debt adviser or collector has spoken in detail with the individual  to establish how their ability to manage money has been impacted  aE  D  but where despite this conversation  unanswered questions  concerns  or doubts remain  or the individual   s situation is complex  and needs further exploration    E  and additional information therefore needs to be collected from a health or    social care professional who knows the individual in order to help creditors  decide what action they should take  a  F  and where the customer has given their explicit consent  for such an approach to be made    The DMHEF should not automatically be used every time an individual reports a  mental health problem  Instead  before making the decision to use the DMHEF   creditors and advisers should stop and consider whether      a      b     they could collect the information they need simply by talking in more detail  with the individual about the reported situation     the time and resources it will take for the information to be  collected is proportionate to the potential action being considered  e g  if a  relatively minor action is being considered  does this really require medical  evidence to be collected       The Consent Form  The DMHEF is accompanied by a Consent Form     this must be read  signed and  completed by th
15. his processing to  take place     Explanations given by creditors to customers about how their information  will be processed should cover why their data is being collected  and how  and  when  their data will be recorded  used  shared  stored and deleted     To confirm that they  a  understand this explanation and  b  agree to their data being  processed in this way  the customer should be asked by the creditor to give their  explicit consent     There are numerous ways in which your organisation may wish to record this  explicit consent for your own internal purposes  see below   However  the  customer should always be asked to read  complete and sign the Consent  Form and ensure it accompanies the DMHEF when the documents are  submitted to the health or social care professional     This Consent Form is always sent with the DMHEF to the health and social care  professional  and indicates to the professional that the customer has given their  explicit consent for the professional to complete the DMHEF  Unless the Consent Form  is completed and signed  the health or social care professional should not complete  the DMHEF     As noted above  your organisation needs to record the customer   s explicit consent for  internal purposes  Provided you receive it from the customer  you may indeed do this   Sometimes this is obtained by telephone  sometimes it is received in writing   Whatever the method  organisations should have evidence to demonstrate that  explicit consent was give
16. how an individual   s mental health problem affects their ability to manage  their money    e any communication  support  or other relevant needs that the creditor  and debt adviser should take into account     BOX 1 The eight DMHEF questions  The DMHEF invites the health or social care professional to answer eight questions     Q1  what is your relationship with the person reporting the mental health problem   Q2  does the person have a mental health problem   Q3  whatis this mental health problem  If it has a name or diagnosis  what is it     Q4  does the person have a mental health problem that affects their ability to  manage their money     Q5  if the person is receiving treatment or support for this mental health problem   does the treatment or support affect their ability to manage their money     Q6  when communicating with the person  are there any special circumstances that a  creditor needs to take into account     Q7  what was the approximate date when  a  this mental health problem first started    b  the first treatment was given   c  the most recent episode took place  and   d  is the episode on going     is there anything else we should know about the person        1d  Who can use the DMHEF     The DMHEF can be used by creditors in situations where their customer agrees to  collect medical evidence from a health or social care professional  and to then  share this with the creditor     The DMHEF can be used by debt advisers  a  in situations where the adviser 
17. is  working on behalf of a client  case work  or  b  where the adviser is guiding an  individual who is managing their own debt situation  including the communication  and negotiation with creditors  assisted self help      The DMHEF is usually always given to a customer by a creditor  or a client by a  debt adviser  However  members of the public may become independently  aware of the DMHEF  and may arrange for a completed DMHEF to be submitted     If this happens  the creditor or adviser should  a  check that the DMHEF is  correctly completed by a health or social care professional  including a    service  stamp    or equivalent to verify its authenticity  and  b  use the completed DMHEF  to start a conversation with that individual about their situation     The DMHEF has not been designed for independent use by individuals who are either  not receiving the assistance of a debt adviser  or who have not been issued a DMHEF  by their creditor  We would recommend that individuals in this situation should always  get the help of a debt adviser  see P16 P17 for contact details      1e  How should the DMHEF be used   There are ten steps that need to be taken when using the DMHEF  These are  described in detail on P6 P9     When using the DMHEF  creditors need to be aware of their responsibilities under  the Data Protection Act  1998  in regards to processing health data  These are  discussed in detail on P10 P11     However  the Information Commissioners Office has reviewed the D
18. n  and that this was acquired in a fair and lawful manner     10    Finally  once explicit consent has been obtained this will authorise you to store  information about the individual on the basis that  a  this information will be securely  stored and  b  it will be destroyed when no longer relevant     3c  Record management    To comply with the Data Protection Act 1998  information should be kept on file for  no longer than is necessary     In practice  you must judge each case individually  For some individuals  episodes of  poor mental health  which affect their ability to manage their money  may last for  several months  while for others this could be longer  Consequently  you need to     e review the information you hold about a customer   lt  assess whether that information still needs to be held       e assess the likelihood that the information is still relevant and accurate    If information is no longer relevant or accurate  it should be either updated or  securely destroyed or archived for future destruction  We are strongly recommending  debt advisers to proactively notify creditors or their agents of any changes in the  nature of their customers    mental health as promptly as possible  since creditors who  are also lenders are permitted to use relevant and accurate existing information on file  to assess applications for further credit     We recommend to creditors that rather than using the DMHEF to routinely or  automatically update their information about th
19. nd mental health situation     Consequently  the DMHEF does not include a    prognosis question        4d  What about people with debt and mental health problems  who are not in contact with a health or social care  professional     The DMHEF relies on information being collected from a health or social care  professional  However  not every customer may be in contact with such a professional     In these situations  a creditor may wish to recommend that an individual either  registers or re establishes contact with a General Practitioner     It is important to remember that although an individual does not have  contact with a health or social care professional  they may still have a mental  health problem     If a customer needs urgent assistance  or is in crisis as a direct result of the current  state of their mental health  they  or the person working with them  should contact  the Samaritans  Saneline  or the Rethink Advice Line  numbers under Part 5   If they   or anyone else  are in immediate danger of harm  the police emergency number  999   should be called     If the need is less urgent  the individual concerned or the person working with them  can still call the above organisations or call NHS Direct  Alternatively  the person can  visit their General Practitioner     Creditors or their agents should also consult and become familiar with their own internal  policies on dealing with such emergencies     13    4e  It is possible that the Customer could receive a requ
20. ndent  and realistic  support   0800 138 1111 www stepchange org    Law Centres    Independent organisations that employ lawyers and specialist advisers to assist clients  in court   www lawcentres org uk    Money Advice Scotland    Can provide details of advice agencies in Scotland providing free  independent   confidential advice     0141 572 0237 www moneyadvicescotland org uk    16    National Debtline    Free  confidential and independent telephone advice on how to deal with debt  problems   0808 808 4000 www nationaldebtline co uk    NHS information helplines   24 hour nurse advice and health information service  providing confidential information   on what to do if you or your family are feeling unwell  particular health conditions  local  healthcare services    England  amp  Scotland  NHS 111  is the non urgent number for out of hours care and information  www nhsdirect nhs uk    Wales   NHS Direct  0845 46 47 www nhsdirect wales nhs uk      Northern Ireland web based information service    http    www nidirect gov uk check ups appointments and emergencies       Payplan    Provides a free debt management service to people with debt problems   0800 280 2816 www payplan com    Rethink National Advice Service    Advice for people with mental health problems   0300 5000 927 www rethink org advice    Royal College of Psychiatrists    The Royal College of Psychiatrists delivers programmes which make a difference to the  everyday lives of people with mental health problems  
21. ocial care professional     How should you collect this information   To collect this information  please     A  READ the enclosed Consent Form    B  SIGN the enclosed Consent Form if you agree that medical evidence can be  collected    C  DECIDE which health or social care professional to ask for evidence    D  GIVE your chosen professional a signed copy of the Consent Form  a blank  Debt and Mental Health Evidence Form  and the envelope that came with this    If the health or social care professional completes the Debt and Mental Health  Evidence Form  they will send this to us together with a copy of the signed Consent  Form  We will use this information to make a decision about the best course of action  to take about your debts     We will send you a copy of the completed Debt and Mental Health Evidence  Form and the signed Consent Form  If you owe any other organisations money  you  should send a photocopy of these forms to them        U We strongly recommend that the customer is named at this stage rather than the use of sir madam  As we know  if the customer  is named at the beginning of the letter it should close with    yours sincerely     which we have allowed for  If sir madam is used at the  beginning  then    yours faithfully    would be appropriate     19    What will we do with this information   We will accept receipt of the completed Debt  amp  Mental Health Evidence Form from you  as your consent to us holding your health information on our records     We w
22. ould like to hold this personal information about you on our records as it will be  very much for your own benefit  It will enable us to be immediately aware of your  condition when contacting you and save you having to tell us about your health each  time we make contact     We may share the information with companies that we employ to collect debts on our  behalf  or a debt purchase company that we might sell the debt to     The information from the completed Debt and Mental Health Evidence Form will be  deleted from our customer records once it is clear that the information is no longer  relevant  or if it is likely to be out of date     Finally   please tell us if anyone helps you    If you have someone else who helps or assists you manage your money  please let us  know who that is     This could be a carer  a family friend  or someone else who has the legal authority  to act on your behalf in relation to your money matters  We will need a copy of this  authority so that we can safely deal with this third party rather than yourself  if that is  your choice    We look forward to being of further assistance to you     Yours sincerely    A named individual with position    20    
23. presents a    nice to have    rather than a legal requirement  and  does not remove the legal responsibility of the creditor to obtain the customer   s  explicit consent for their health information to be processed by the creditor  as  described on P6 P10 of this document      4g  What happens if the client  having sight of the completed  DMHEF from their health or social care professional  wishes to  make a personal comment or statement about the information  given     The client can write a personal comment or statement that they supply to their  creditor     There is no longer any actual space allowed for such comments on the DMHEF   but this should not discourage individuals to comment if they wish     4h  A creditor receives a completed DMHEF from the health professional of one    of their customers  without any prior contact with the customer or any  14    previous knowledge of the health problems their customer may have been  experiencing  A copy of the Consent Form that their customer supplied to  the health professional may or may not accompany the completed DMHEF  returned by the health professional  What action should the creditor take  under such circumstances     A creditor should always use the completed DMHEF as an opportunity to engage with the customer  directly  There is no reason not to accept the medical information received on their customer     For the creditor to record the medical details of the customer on their files  they will need to go  through th
24. seful and accurate prognosis can be very difficult     consequently   health and social care professionals may be reluctant to make a statement about  the likely progression of a person   s mental health problem  This may particularly  be the case if they do not know the patient  or their wider medical or social  circumstances  well     12    2  Individuals often experience mental health problems in different ways     for  example  even though clinical guidelines might indicate that depression usually  lasts up to a certain number of months  with the chance of repeated episodes  afterwards  there will be large numbers of people who do not have this  experience     3  The inter relationship between mental and physical health can complicate  reaching an accurate prognosis     this adds an additional factor to the  consideration  It also could involve an examination of the patient  which would  require time  resources  and possibly payment      4  There will be other social and economic factors  often unknown to the health  or social care professional  that will impact on a person   s recovery from a  mental health condition  and which are difficult to incorporate into a prognosis     Overall  making an accurate and useful prognosis can be very challenging for health  and social care professionals  Furthermore  there is the probability that such a  prognosis could be inaccurate  which would not help the creditor recover the debt or  the individual get on top of their financial a
25. tional time to arrange this  This adviser will  work on the customer   s behalf  and will approach the nominated health  or social care professional to complete the DMHEF     Step 4 the creditor explains to the customer how the evidence will    be used  and gets their explicit consent to collect evidence for  this purpose    Firstly  the creditor will need to explain to the customer how the medical  evidence collected from the health and social care professional will be  used  This includes an explanation of why the creditor wishes to collect  this data  what the data will be used for  who the evidence might be  shared with  e g  the creditors agent   how it will be securely stored   and how long it will be stored for  Without this explanation  the customer  cannot know what they are consenting to  and consent therefore cannot be  properly obtained     Secondly  the creditor will need to ask the customer if they understand  this explanation  and allow them to ask questions if necessary to clarify  any points    Thirdly  after doing this  the creditor should ask the customer for their  explicit consent to process their information in this way  There may be  additional steps or actions that your organisation requires you to take to  record this explicit consent  see P10   However  you should _ always  ask the customer to read  complete and sign the Consent Form  that accompanies the DMHEF  Step 6      Step 5 the creditor sends the customer a blank DMHEF  a blank consent    Step
26. tter provided on P18  amp  19  Appendix 1     the customer reads and signs the Consent Form    the customer approaches a health or social care professional of their  choosing to complete the DMHEF  and gives them the blank DMHEF   the signed Consent Form  and stamped addressed envelope     the health or social care professional completes the DMHEF  and returns  this  and the Consent Form signed by the customer  in the stamped  addressed envelope    the creditor receives the completed DMHEF and customer consent  form  and decides what action they will now take    the creditor  a  sends the customer a photocopy of the completed DMHEF  and signed Consent Form to the customer for their records and  b   discusses the action they are now going to take with them       2b  The ten steps  detailed description    Step 1 a mental health problem is identified  The customer tells the creditor that they have a mental health problem  that is affecting their ability to manage their money   Step 2 the creditor finds out more about this  The creditor discusses with the customer     how the mental health problem affects their ability to manage money      how the mental health problem affects their ability to communicate with  their creditors      whether anyone helps the customer manage their finances  Such as a  family member     Step 3    By asking a range of questions  not just limited to the above   the creditor  should aim to develop a good understanding of the customer   s situation   the
    
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