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No requirement to sign provider documents and forms

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No requirement to sign provider documents and forms Empty No requirement to sign provider documents and forms

Post by Welfare-Champion on Sun Mar 31, 2019 11:09 am

https://www.whatdotheyknow.com/request/557766/response/1339163/attach/2/FOI%2009023%20C%20Allan.pdf?cookie_passthrough=1

Dear Mr Allan,
Thank you for your Freedom of Information (FoI) request received on 2 March 2019.
You asked:
“I am seeking an update to a Freedom of Information request I made over three years ago.
Your reference: VTR FOI 152.
In your reply, you stated: (a) It is not a mandatory requirement for claimants to fill in or sign any provider forms or documents when participating in a provider led mandatory activity or programme; and (b) Because it is not mandatory, there is no recorded data held detailing any action the DWP or a provider can take against those who have declined to sign said forms or documents.

That was over three years ago. Can you confirm that these statements still apply, please”.

DWP Response:
I can confirm that it is not a mandatory requirement for a participant of a provider led mandatory programme to sign provider documents and forms.
A mandatory participant is expected to comply with any mandated activities set out in their action plan, but no legislation compels them to sign or provide reasons for refusing to sign.
There will not be any recorded data held by a provider or the Department for Work and Pensions detailing any actions taken as a consequence of declining to provide a signature, as that situation should not arise.
Please note, whilst action will not be taken against a participant if they refuse to sign any documentation, a failure to adhere to any mandated actions set out in the participant’s action plan may lead to a compliance doubt referral being raised.
If you have any queries about this letter, please contact me quoting the reference number
above.  
DWP Central Freedom of Information Team

request@dwp.gsi.gov.uk
Our Ref: FOI2019/09023
29 March 2019
Yours sincerely,
DWP Central FoI
Team
----------------------------------------------------

This also applies to non mandatory provision.

Very Happy Very Happy



Happy Mother's Day!

Welfare-Champion

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No requirement to sign provider documents and forms Empty Re: No requirement to sign provider documents and forms

Post by Pintel on Mon Apr 01, 2019 1:49 pm

Thanks for the posting #Welfare-Champion. No requirement to sign provider documents and forms 2035158131

I am confused a bit here thou. "I can confirm that it is not a mandatory requirement for a participant of a provider led mandatory programme to sign provider documents and forms. A mandatory participant is expected to comply with any mandated activities set out in their action plan, but no legislation compels them to sign or provide reasons for refusing to sign."

So if you don't sign anything from the provider, are you still enroled on the course etc? And secondly it says: "a failure to adhere to any mandated actions set out in the participant’s action plan may lead to a compliance doubt referral being raised.".

Does anyone know the rules of what can and can't be a "mandated action". As I though the provider will try to get around this clause by mandating the claimant?  scratch
Pintel
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No requirement to sign provider documents and forms Empty Re: No requirement to sign provider documents and forms

Post by Caker on Mon Apr 01, 2019 1:55 pm

@Pintel, my belief is that when you sign something, the ordinary intention of this is that it indicates that you 'accept' that thing. I doubt that you can be mandated to 'accept' something. I doubt that a signature can be mandated under threat of sanction, as that would be duress.

This is my personal opinion and I am interested in any information which contradicts it. confused
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No requirement to sign provider documents and forms Empty Re: No requirement to sign provider documents and forms

Post by Welfare-Champion on Mon Apr 01, 2019 4:27 pm

Pintel wrote:Thanks for the posting #Welfare-Champion. No requirement to sign provider documents and forms 2035158131

I am confused a bit here thou. "I can confirm that it is not a mandatory requirement for a participant of a provider led mandatory programme to sign provider documents and forms. A mandatory participant is expected to comply with any mandated activities set out in their action plan, but no legislation compels them to sign or provide reasons for refusing to sign."

So if you don't sign anything from the provider, are you still enroled on the course etc? And secondly it says: "a failure to adhere to any mandated actions set out in the participant’s action plan may lead to a compliance doubt referral being raised.".

Does anyone know the rules of what can and can't be a "mandated action". As I though the provider will try to get around this clause by mandating the claimant?  scratch

If you are participating in a mandatory programme/scheme, you may be mandated to carry out actions included in your action plan, but you cannot be sanctioned for failing to sign the AP.

A mandate must be reasonable for your circumstances. You can challenge a mandate if you can show good reason.

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Post by Caker on Wed May 01, 2019 7:31 am

Is 'action plan' separate to the cc, or would it be something referred to in the cc?

I am interested in exploring 'reasonable for your circumstances' as that looks like something with potential for different interpretations.
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