how to respond to breaches in law policy committed by jcp/dwp

FlyingVisitor wrote:Following on from these posts:

I have tried to pull together the most common breaches committed by DWP officials.  I will add to it following feedback or changes I am made aware of.

Pick and mix complaint letter to be adapted to your situation

Email to "contact-us at dwp.gsi.gov.uk"

If you can identify your local complaints resolution team email them, see:
https://www.whatdotheyknow.com/request/complaints_and_responses

Your address

NI number

Date

Jobcentre Plus Address


Dear Sir/Madam

Formal complaint: Breaches in law and/or DWP policy

Evidence of work search (JSA & UC Claimants)

I cannot be required to provide my work search in any particular format.  

JC officials cannot retain a copy of my work search evidence without my consent.  

I shall corroborate the evidence submitted in the event it is highly improbable/unlikely or contradictory.  All decisions made by JC officials must be based upon objective reasoning and evidence based.

My claim cannot be closed nor can I be refused from make a signed declaration (JSA claimants) if I fail to provide my evidence as stipulated in my claimant or commitment or by a JC official.

References:
Equality Act 2010 (if you need to record due to a disability)
Data protection Act
Human Rights Act
DWP policy
Decision Makers’ Advice and Guidance
Social Security legislation/Case law
Fraud act 2006

Access to Universal Jobmatch (JSA & UC Claimants)

I cannot be required to give access to my UJ account or punished for not doing so, for example mandated to attend the Jobcentre more frequently.

References:
Data protection Act
Human Rights Act
DWP policy
Decision Makers’ Advice and Guidance
Fraud Act 2006

Supervision/use of DWP and its contractor computers (JSA & UC Claimants)

DWP official cannot supervise/monitor me while on-line without my consent.
The cookie fact sheet must be issued to me if I use DWP computers.
I cannot be required to use third party computers.

References:
Equality Act 2010 (if you cannot use IT or you in pain when using computers)
Data protection Act
Human Rights Act
DWP policy
Decision Makers’ Advice and Guidance
Social Security legislation/Case law

Daily attendance/other required activities to support me back to work(JSA & UC Claimants)

I cannot be mandated to undertake any activity which is punitive and/or not proven to be beneficial in light of all my personal circumstances as well as my relevant skills, experience and qualifications.   Additionally, I cannot be mandated to attend provision which I have recently attended and /or I hold the relevant skills, experience and/or  qualification/certification.

I must be provided with sufficient information such as leaflets and internal policy to enable me to make 'prior representation' regarding the unsuitability of any referral made.

References:

Social security case law

Evaluation of Supervised Job search Activity
“Benefit and work outcomes: Within the timeframe of the quantitative survey, there was no evidence of an impact on employment rates resulting from SJP”
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/539336/rr928-summary-supervised-jobsearch-pilots-trial-evaluation.pdf

Fraud’s Law
“Decision-makers will be required to follow guidance when applying the law to the facts of the case where they consider a decision about a claim, sanctions for non-compliance with work-related requirements, a civil penalty or the recovery of overpayment. We spoke about the Wednesbury [1] principles at our seminar; decision-makers will have to consider all relevant matters raised by the claimant within a particular time period, including information about a claimant’s health condition and financial circumstances. I accept that there is room for improvement here, and we will make that improvement.’ (Hansard, 25 January 2012, Col 1061)”

“Effectively, Lord Freud set out the legal principles for the lawful imposition of sanctions on benefits, whereby financial and other circumstances have to be considered. (This could be called’ Freud’s Law’.) The system has been very slow to follow Lord Freud’s direction – and the rise in sanctions over the last two years shows it must be being ignored altogether.”

All decisions reached by DWP officials must be reasonable as well as rational in light of all the facts and circumstances.

Provision of email and telephone number

I cannot be required to provide my telephone or email address for the purpose of claiming benefits.  I do not consent to this information being retained clerically or on DWP computers except, within my UJ and/or UC Digital Service account(s).

I prove my availability for work by, drawing potential employers’ attention to it via my active work search and attendance at the Jobcentre.  Employers are provided with my contact information and DWP holds my address.  

References:
Equality Act 2010 (if you cannot use IT)
Data protection Act
Human Rights Act
DWP policy
Decision Makers’ Advice and Guidance
Social Security legislation/Case law

Provision of CV(JSA Claimants) [checking out UC regs

DWP or its contractor cannot retain my CV or require me to email a copy of it. The JSA legislation requires the claimant to do the labour market activity (that is, create the CV). It does not require them to provide the evidence of doing this in any particular way.

References:
Data protection Act
Human Rights Act
DWP policy
Decision Makers’ Advice and Guidance
Social Security legislation

Work experience/voluntary work (JSA & UC Claimants)

I cannot be required to participate in work experience or voluntary work.  

References:
DWP policy
Decision Makers’ Advice and Guidance
Fraud act 2006

I cannot be required to participate in any form of group session/jobclub/group interview.  

References:
DWP policy
Decision Makers’ Advice and Guidance
Social Security Caselaw
Fraud act 2006

Expenses (JSA & UC Claimants)

I must be paid expenses if I am required to attend the Jobcentre except on signing days (JSA claimants) including required visits via my claimant commitment to use DWP computers to maintain my benefit claim.

“This guidance sets out the policy for the reimbursement of customers' travelling expenses for necessary visits in connection with benefit claims to and from Jobcentre Plus offices and delivery partner premises”

Reference:
DWP policy

In conclusion, DWP officials must treat me fairly and administer my claim in accordance with the relevant national policy and legislation(s):

“‘Getting it right’ includes acting in accordance with the law and with regard for the rights of those concerned. It also includes taking reasonable decisions based on all relevant considerations. In this context, of course, the Disability Discrimination and Equality Acts, together with the Human Rights Act, are of particular relevance, forming a specific element of the overall standard.”   Parliamentary and Health Service Ombudsman

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’.

I look forward to a response within 15 days and in line with complaint and maladministration policy.

Yours faithfully


? You decide.
Copy to:
MP www.theyworkforyou.com/

District manager for your area:
https://www.gov.uk/government/publications/local-partnership-opportunities-with-jobcentre-plus/jobcentre-plus-district-managers-contacts-for-partnership-opportunities