How to avoid the Work & Health Programme - Template

First Draft

Example letter:

[Your full address]
[NI Number]
[The date]

[Name and address of your Jobcentre]

Dear Sir or Madam

Unsuitable mandatory referral to the Work & Health Programme

I wish to complain about the referral to [add provider details] on [date].

My reasons are as follows:

1. Suitability

I have not been provided with sufficient information about the scheme to determine suitability.
The work coach [name] told me [add full details].

The law requires as laid down that the Secretary of State is under a common law duty as a matter of fairness to ensure that claimants have access to sufficient information about a scheme before they are referred, to enable them to make representation about its suitability.

JCP staff are required to get things right by following processes correctly and they must take into account all of my circumstances.

References:
• The Supreme Court in R(Reilly and Wilson) v SSWP [2013] UKSC 68, AC 453; [2014] AACR 9  
• DWP Customer Charter

2. Selection criteria

I do not meet the criteria for the following reasons:

Examples below, add as much detail as possible…
• I have completed the 2-year work programme and other courses [specify]
• I have achieved/possess X qualifications, skills and experience ...
• I am knowledgeable about the local labour market ...
• I am motivated and proactive in my efforts to find work [examples] ...
• My work coach has not identified any specific support I need or how the W&HP will help me find work...
• I have identified [specify the course/training etc.] which can be provided via other available sources/provision…
• I have not been unemployed for 24 months.

References:

Policy Guidance:
https://www.whatdotheyknow.com/request/work_health_programme_procedural#incoming-1110039

Selection of Claimants - Mandatory Referrals:
https://www.whatdotheyknow.com/request/selecting_claimants_for_mandator#incoming-1108125

Linking
https://www.whatdotheyknow.com/request/linking_periods_work_health_prog

Outcome

1. To ensure I have all the information held by DWP, please supply the data I am entitled to under the Data Protection Act 1998 relating to my DMCAMS report [dated] including all associated LMS data i.e. conversations, MORE box, Action Plans.

It may be helpful for you to know that a request for information under the Data Protection Act 1998 should be responded to within 40 days. If you do not normally deal with these requests, please pass this letter to your Data Protection Officer.

2. Due to the nature of my complaint the requirement to participate in the W&HP is suspended immediately, so that my reasons as well as my circumstances are investigated thoroughly.

I look forward to a reply in line with your complaints policy.

Yours faithfully

[Wet signature]
[Name in full]

Optional
CC
MP: [Name]

Notes:
Personally deliver to your Jobcentre and obtain a receipt.

Alternatively, email to your JCP Customer Resolution Team:
https://www.whatdotheyknow.com/request/complaints_and_responses

Send a copy of your letter to your MP http://www.theyworkforyou.com/ (optional)

https://respectfulbenefits.forumotion.com/t1329-how-to-avoid-the-work-health-programme

I watched a program on ITV last week about the Pluss Employment Agency.  Pluss is one of the W&HP contractors.

https://www.pluss.org.uk/about-pluss

https://www.pluss.org.uk/news/work-and-health-launches-north-west

The programme was specifically about supporting people with disabilities.  However, the W&HP is also aimed at other disadvantaged groups including (LTU) in DWP's opinion.

JCP staff cannot source tailored work placements, or provide intensive one to one support as well as mentoring.

From memory all the participants of the program were offered paid employment!  I imagine this will be a key "selling" point of the W&HP.

Thanks for the posting Non-Def   , if I might add under the "Suitability/Selection" criteria, would it be worth while to have a copy of the 'DCAM' report to add fuel to the fire?

https://respectfulbenefits.forumotion.com/t1329p25-how-to-avoid-the-work-health-programme

El-dudeareno wrote:Thanks for the posting Non-Def   , if I might add under the "Suitability/Selection" criteria, would it be worth while to have a copy of the 'DCAM' report to add fuel to the fire?  

https://respectfulbenefits.forumotion.com/t1329p25-how-to-avoid-the-work-health-programme

Hi El-D

I have already included the FOI request in the template.

Some people may prefer to send a separate letter or to exclude it altogether.

Example letter:

[Your full address]
[Phone number]
[The date]

[Name and address of the organisation]

Dear Sir or Madam

Subject access request: DMCAMS

[Your full name and address and any other details to help identify you and the information you want.]

Please supply the information about me I am entitled to under the Data Protection Act 1998 relating to:

My DMCAMS report [dated] including all associated LMS data i.e. conversations, MORE box, Action Plans.

If you need any more information from me, or a fee, please let me know as soon as possible.

It may be helpful for you to know that a request for information under the Data Protection Act 1998 should be responded to within 40 days.

If you do not normally deal with these requests, please pass this letter to your Data Protection Officer. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you and can be contacted on 0303 123 1113 or at ico.org.uk

Yours faithfully
[Signature]

https://ico.org.uk/for-the-public/personal-information/

Thanks for the posting Non-Def. As it is good to get as much information to fight in your corner?

Another point I would assume that there is some communication between the DWP & WHP Provider's. Can claimants have any access/copies to these communications aswell???

El-dudeareno wrote:Thanks for the posting Non-Def. As it is good to get as much information to fight in your corner?

Another point I would assume that there is some communication between the DWP & WHP Provider's. Can claimants have any access/copies to these communications aswell???

Absolutely!  

To save costs send your FOI to DWP and not the provider!

Bill banning unpaid work:

http://www.stewartmcdonald.scot/news/worktrialsontrial/bill-banning-unpaid-work-trial-shifts-published-by-glasgow-south-mp/

I hope it succeeds!

Most of the eligible groups join the W&HP on a voluntary basis and cannot be forced to undertake any activity.

The people in the ITV show mentioned above were very disabled and were keen to find out what they could do. The work trials were a couple of days in length.  

Non Deficere wrote:Bill banning unpaid work:

http://www.stewartmcdonald.scot/news/worktrialsontrial/bill-banning-unpaid-work-trial-shifts-published-by-glasgow-south-mp/

I hope it succeeds!

Most of the eligible groups join the W&HP on a voluntary basis and cannot be forced to undertake any activity.

The people in the ITV show mentioned above were very disabled and were keen to find out what they could do. The work trials were a couple of days in length.  

Is it possible for a person who is just unemployed on JSA/UC to join WHP on a voluntary basis?

Jara wrote:

Non Deficere wrote:Bill banning unpaid work:

http://www.stewartmcdonald.scot/news/worktrialsontrial/bill-banning-unpaid-work-trial-shifts-published-by-glasgow-south-mp/

I hope it succeeds!

Most of the eligible groups join the W&HP on a voluntary basis and cannot be forced to undertake any activity.

The people in the ITV show mentioned above were very disabled and were keen to find out what they could do. The work trials were a couple of days in length.  

Is it possible for a person who is just unemployed on JSA/UC to join WHP on a voluntary basis?

Yes if the work coach agrees and the person meets the early entry criteria:

Voluntary Cohort Customer Journey (Disabled People and Early Entrants) Disabled people can be referred at an appropriate time in their claim on a targeted voluntary basis, when all of the following criteria are met:
• they have a disability as defined under the Equality Act 2010; • the individual can be helped by the offer;
• that JCP has already helped the individual with their core job-search activity where applicable;
• the claimant needs more support than can be provided within the standard JCP offer (or through other available services and provision); and
• the claimant has committed to the goal of finding employment within a period of one year.
(Disabled people and Early Entrants) (2)

• ‘Early entrants’ will be able to access the WHP on a targeted voluntary basis (the same basis as the disability group) at the discretion of the Work Coach, before they have been unemployed for 24 months. This takes into account the needs of claimant groups who have specific additional barriers to employment.
• The early entry groups identified are:
• an ex-offender or offender;
• a carer on JSA;
• an ex-carer;
• a homeless person;
• a former member of HM Armed Forces;
• a member of the HM Armed Forces reserves;
• a partner of current or former HM Armed Forces personnel;
• a person with drug/alcohol dependency presenting barrier to employment;
• a care leaver;
• a refugee;
• victims of domestic violence; and
• young people in gangs

http://www.legislation.gov.uk/uksi/2017/1020/pdfs/uksiod_20171020_en.pdf

Non Deficere wrote:

Jara wrote:

Non Deficere wrote:Bill banning unpaid work:

http://www.stewartmcdonald.scot/news/worktrialsontrial/bill-banning-unpaid-work-trial-shifts-published-by-glasgow-south-mp/

I hope it succeeds!

Most of the eligible groups join the W&HP on a voluntary basis and cannot be forced to undertake any activity.

The people in the ITV show mentioned above were very disabled and were keen to find out what they could do. The work trials were a couple of days in length.  

Is it possible for a person who is just unemployed on JSA/UC to join WHP on a voluntary basis?

Yes if the work coach agrees and the person meets the early entry criteria:

Voluntary Cohort Customer Journey (Disabled People and Early Entrants) Disabled people can be referred at an appropriate time in their claim on a targeted voluntary basis, when all of the following criteria are met:
• they have a disability as defined under the Equality Act 2010; • the individual can be helped by the offer;
• that JCP has already helped the individual with their core job-search activity where applicable;
• the claimant needs more support than can be provided within the standard JCP offer (or through other available services and provision); and
• the claimant has committed to the goal of finding employment within a period of one year.
(Disabled people and Early Entrants) (2)

• ‘Early entrants’ will be able to access the WHP on a targeted voluntary basis (the same basis as the disability group) at the discretion of the Work Coach, before they have been unemployed for 24 months. This takes into account the needs of claimant groups who have specific additional barriers to employment.
• The early entry groups identified are:
• an ex-offender or offender;
• a carer on JSA;
• an ex-carer;
• a homeless person;
• a former member of HM Armed Forces;
• a member of the HM Armed Forces reserves;
• a partner of current or former HM Armed Forces personnel;
• a person with drug/alcohol dependency presenting barrier to employment;
• a care leaver;
• a refugee;
• victims of domestic violence; and
• young people in gangs

http://www.legislation.gov.uk/uksi/2017/1020/pdfs/uksiod_20171020_en.pdf

So this could be a way to get a sentence of WHP done without too much hassle from the provider? (MANs or unpaid work)