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civil service guide

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Post by Admin Sat May 06, 2017 3:08 pm

For serious complaints an investigation officer sometimes visits the complainant at home or a place of their choosing.

The JC official brings along the DWP guidance to assist in the identification of the failures. The process of handling a complaint is via a check list and is not too dissimilar to an appeal. You need to hang the grievance around the standards, which fall from a number of sources including the Civil Service Code of Conduct,.

Your feelings about what has gone wrong is the best place to start. When people post an issue on UM I usually find the first post provides the most relevant information and the thrust of what the complaint is all about.

A member produced a handy list.

1. Delays
2. Incorrect actions or failure to take any actions
3. Failures to follow procedures or the law
4. Failures to keep records properly
5. Failures to provide information
6. Inadequate record-keeping
7. Failures to investigate
8. Failures to reply
9. Misleading or inaccurate statements
10. Abuse of process
11. Inadequate liaison
12. Inadequate consultation
13. Failures to provide a service
14. Delays that could have been avoided
15. Faulty procedures, or failing to follow correct procedures, policies, protocols or processes
16. Unfairness, bias and prejudice
17. Advice given which is misleading or inadequate
18. The refusal to answer reasonable questions
19. Rudeness, intimidation, harassment and unacceptable conduct and behaviour from JCP Officers
20. Mistakes in handling my claim
21. Acting unfairly and disproportionately
22. Withholding information
23.. Failing to be open and accountable

In addition all JCP/DWP officers are duty bound to act within:

• The appropriate Civil Service Values and Codes of Behaviour.
• The 7 principles of Public Life, otherwise known as ‘The Nolan Principles’.

From experience, DWP defend vigorously every complaint and often ignore them for as long as possible. This has not always been the case.

Claimants must now present the law and/or internal procedure to get the attention they deserve, hence most give up.

I have seen the most ridiculous responses even to MPs.

Complaints are often far more frustrating and time consuming than an appeal, give me an appeal any day!

Tag: Maladministration criteria | Complaint
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Post by Admin Sat May 06, 2017 3:10 pm

The Civil Service code has been mentioned in a few threads pointing towards the fact that Civil Servants are also subjected to their own rules and regulations while they are working for the DWP or any other Civil Service department. I have some questions about that code and if anyone agrees with me that they don't actually apply those codes to themselves?

JC officials are acting on behalf of the Secretary of State! Ha!

All Civil Servants sign up to and agree to comply with the Civil Service code. Although they don't actually appear to follow the rules laid out in the code (rules being something other people must follow, not them), can we use those rules against them in the fight back against the verbal abuse and physical intimidation we have all been subjected to by one job centre lackey or another? Although we know they don't follow the rules, can it be useful to mention their own rules to them if they are getting out of hand? How much mileage is there in this tactic and has anyone been successful using it?

I have had a great deal of success with complaints, the main issues have been failure to follow the law and/or procedure.

Cases that have attracted compensation from DWP/WPP or via ICE include:
Failure to act sensitively and lawfully causing severe distress & anxiety.
Excessive delay and repeated errors.

Apology and removal of false statements - The Director General:
Falsification of records.

Once you receive the SAR you can start honing in on the specific breaches/failures. I can help you off-line if you prefer.. I did not intend to land here on UM for so long! Smile


https://www.gov.uk/government/publications/civil-service-code/the-civil-service-code

The CS code:
You must: deal with the public and their affairs fairly, efficiently, promptly, effectively and sensitively, to the best of your ability set out the facts and relevant issues truthfully, and correct any errors as soon as possible comply with the law and uphold the administration of justice You must [u]not[/u]: deceive or knowingly mislead ministers, Parliament [u]or others[/u] ignore inconvenient facts or relevant considerations when providing advice [u]or making decisions[/u] act in a way that unjustifiably favours or discriminates against particular individuals or interests wrote:You must:

deal with the public and their affairs fairly, efficiently, promptly, effectively and sensitively, to the best of your ability

set out the facts and relevant issues truthfully, and correct any errors as soon as possible

comply with the law and uphold the administration of justice

You must not:

deceive or knowingly mislead ministers, Parliament or others

ignore inconvenient facts or relevant considerations when providing advice or making decisions

act in a way that unjustifiably favours or discriminates against particular individuals or interests
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Post by Absolut Sat May 06, 2017 3:26 pm

Admin wrote:if anyone agrees with me that they don't actually apply those codes to themselves?
 

No, they don't apply any rules to themselves, including the Equality Act. As a disabled claimant on JSA I am routinely subjected to prejudice, comments of a personal and derogatory nature, and 10 out of the 23 rules have been broken over the last year. I believe that a formal complaint would simply result in my being moved to a different roach. There appears to be no personal accountability anywhere within the DWP.
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Post by ABC Sat May 06, 2017 4:49 pm

As a veteran of complaining to the Jobcentre and its associated management I can assure you that no matter how well crafted your complaint is and no matter how many guides, codes, policy documents and legislation you refer to, it all gets ignored. They literally ignore it and focus as much as possible on any point they think they can turn to their advantage, no matter how unfounded or ridiculous it is. The system is a joke.

It may be different if you address your complaint through a know welfare group as then they may take more notice but I've never done that.
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Post by Absolut Mon May 08, 2017 11:04 am

ABC wrote:focus as much as possible on any point they think they can turn to their advantage, no matter how unfounded or ridiculous it is.

I totally agree. In one complaint they did admit to adding a section to a letter that they had no legal right to add, but that was about it, and it was brushed off with an "apology".
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Post by ABC Mon May 08, 2017 1:41 pm

I should make it clear though, despite what I said above, that you should always include references to where they have gone against policy, legislation etc. because even if they ignore it (in fact especially if they ignore it) it will look bad on them later when it goes to ICE or tribunal.
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Post by Absolut Mon May 08, 2017 4:17 pm

Yes, possibly at a tribunal, but ICE is staffed by DWP employees.
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