Posted By Sarah Sahc
I actually think they are a good thing .... However, I have just finished a call from a client that I did some work for about a year ago. They have completed a national assessment scheme questionnaire independently and they have been referred on a number of points.

Before I extended the conversation too far, I asked who this client had put down as their competent Health & safety advisor as they have not retained me, & had no training themselves, and thought that they could ask their appointed person for help - they replied that they left this section blank - but considering the detailed points that the assessor - quite rightly pulled up, I can not accept that they left the whole section on Access to Competent advice blank and 'got away with it'.

I feel that considering he has come back to speak to me, it may be the case that he has put me down for his Access to Competent Advice Section and therefore misrepresenting me and my organisation. It then follows that if the assessment schemes thereby records my information on to a public forum or even a forum with a restricted membership, such as a clients forum - say a database of successful applications, and my details are on there in this capacity, I and in fact my company are being being misrepresented. I therefore believe I would have legal claims under the Misrepresentations Act 1967. As far as I can tell, I would be able to claim for fraudulent behaviour against the applicant (the guy that phoned me)as I have not agreed to enter into a contract with him, and for negligence against the assessment scheme, as, by not checking that I have agreed to enter a contract with the applicant, am thereby being misrepresented, and they can not counter-act my claim as being the innocent party as they can not prove due-diligence.

I need to look into this further but was wandering whether anyone else had any thoughts.

Posted By Sarah Sahc
Hi Pete,

I am not quite sure what you are getting at. The only assumption I have made is the applicant has put my information on the form, without my consent - as from the information supplied to me - he would not get away with leaving it blank. The rest is factual. I was looking for someone that could actually offer an informed opinion as opposed to confused conjecture!

Posted By holmezy

Sarah,

you seem to be taking this whole matter a little toooo personally, both the origional post and the responses.

Forget about legal action via the "Misrepresentation doodah Act of whenever" and if you feel that strongly about it, write to the client informing them that you have no association with the contractor. This, hopefully would cause more than enough embarassment and hassle than having to go throught he courts, which incidentally, from what you have said, I dont think the case would ever get there, and if it did, the only winners w=ould be the legal eagles, or should that be vultures?

Chill out chicken!!

Holmezy

Posted By Tabs
Write to the scheme with your concern that you have and ask them to check their records and ammend if necessary.

If you are wrong, expect a nasty letter from the person that phoned you, and no further business from them.

Or ... next time you are chatting with the person who rang, simply ask them outright and explain your reason for asking - keep it simple and frank. Cloak and dagger never works.

Posted By Ron Hunter
I wouldn't assume that this level of detail is available for scrutiny, even restricted to members only.
All that said, there has to be scope for others to act in good faith?
Can't see why this would be a particular concern to you whilst you are comfortable with having your thoughts and opinions published on this forum in the public domain! ;-)

Posted By Sarah Sahc
Hi Ron,

Thanks for your comment but not entirely sure what you are getting at in the last sentence - it is a public domain predominantly, I suspect, visited by those with an interest in Health & Safety.

Considering this, if there is a perceived issue with any assessment scheme recognised by the government, and I am well aware that this information is available on the databases (as the whole application form is scanned in) then it needs to be addressed. This situation has arisen on numerous occasion for me, and the HSE has contacted me to ask me what I have done about the accident on X site. Never even heard of the contractor - never mind the site! There is no crime in arguing a point if you consider it of value and as a means of raising questions and awareness of potential problems and pitfalls - that's a democracy!

Arran,

Yes - good idea. It must be happening everywhere! Mind you I would rather argue with the scheme provider/government then a client. A control measure to prevent it happening in the first place and stop the ripple effect is always a good thing!

Posted By Sarah Sahc
Ron

The one I am referring to does - how else would/could they argue that the level 2 assessments are the responsibility of the client to check the validity of access to competent health & safety advice? It would otherwise be impossible and therefore fuel my argument further!