BenefitsAdvice
Would you like to react to this message? Create an account in a few clicks or log in to continue.

Daily Signing /Attendance

Go down

Daily Signing /Attendance Empty Daily Signing /Attendance

Post by Guest Thu Dec 05, 2019 8:04 am

DWP guidance:

https://www.whatdotheyknow.com/request/382448/response/928358/attach

https://www.whatdotheyknow.com/request/382448/response/928358/attach/5/190%20Response.pdf?cookie_passthrough=1

Unreasonable Directions and the Wednedsbury Principles 
1.    Another problemwe have observed from our casework is the issuing of unreasonable directions which cannot be fulfilled by a claimant or act to undermine their ability tofind employment. The following case study illustrates this well. 
2.    ‘Dr Kay’, aclient of ours, was instructed, without explanation, to begin daily signing.This was despite the fact that his JCP advisor had told him that they had novacancies suitable for him, nor practical suggestions appropriate to his jobsearch. Whilst daily signing has sometimes been reported as a requirement for homeless, young or long-term unemployed claimaints Dr Kay was a well-qualifiedmiddle aged man who had only been claiming JSA for a matter of months.      
3.    This was not onlyan irrational direction but one which effectively undermined Dr Kay’s daily search for work, since many key contacts for him were with staff at academicinstitutions who could only be contacted during lunch-times. After notice of anappeal was served at the JCP they hastily withdrew this direction while failing to provide a proper explanation for it. 
4.    This case, andother similar ones, is of importance because it demonstrates that JCP staffregularly make unreasonable decisions, unlawful following the Wednesbury principles. During the passage ofthe Welfare Reform Bill Z2K organised a seminar at which we explained the needfor JCP officials to apply the Wednesburyprinciples when making all their decisions, particularly about sanctions.There is of course nothing new about these principles as they are the heart of all administrative law yet officials have often never heard of them. Following the seminar Lord Freud said the following in the House of Lords[1]: 
5.    “We spoke about the Wednesbury principles atour seminar, and I can reassure noble Lords that the decision-making process isand will continue to be consistent with these fundamental principles of publiclaw… Decision-makers clearly have a general duty under public law to make decisions in accordance with the Wednesbury principles, to consider relevant matters raised by a claimant and to explain their decision to claimants. Our training and guidance is designed to ensure that decision-makers adhere to these duties.” 
6.    Itwould be interesting to discover therefore whether the Wednesbury principles are included in JCP staff training and if so why they are flouted with alarming regularity.    
[1]http://www.publications.parliament.uk/pa/ld201212/ldhansrd/text/120125-0001.htm

https://respectfulbenefits.forumotion.com/t122-daily-attendance-voluntary-group-sessions

Guest
Guest


Back to top Go down

Back to top

- Similar topics

 
Permissions in this forum:
You cannot reply to topics in this forum