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Post by Pintel Mon Jun 24, 2019 2:34 pm

I was just wondering if anyone can give me some advice about an FOI I have applied to the DWP. However, they have replied in a general vague way that has not answered my question Evil or Very Mad .  When I emailed them I made sure to keep it simple and be very clear of the information I wanted, and yet I still get the run around from the DWP. My point is what should I do next, as I have asked them again what exactly I wanted them to enlighten me with, and still no reply. As I have asked them twice now and no nearer to get an answer from these people what is my next step, so any advice would be helpful.  
FOI Requests 3228069604
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Post by Caker Tue Jun 25, 2019 7:46 am

Did you make the request through whatdotheyknow?
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Post by Non Deficere Tue Jun 25, 2019 10:28 am

You could ask for a review:

https://ico.org.uk/for-organisations/guide-to-freedom-of-information/

You could pose your question on RB
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Post by Pintel Tue Jun 25, 2019 10:46 am

Caker wrote:Did you make the request through whatdotheyknow?

Yes I did use 'What do they know' @Caker, i'll message you the link to it.
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Post by Caker Wed Jun 26, 2019 10:32 am

I have now looked at that. TBH, the question was not as clear as it might have been and their response was that information is not held.

It looks like someone has raised a very similar query, so perhaps that might provide the information.

https://www.whatdotheyknow.com/request/mandating_claimant_to_login_to_p
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Post by Pintel Wed Jun 26, 2019 11:50 am

Thanks @Caker. You wonder how simple you have to speak to these people at the DWP to get an straight answer...  cyclops

Any tips/advice you would word on how to ask for FOI's?
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Post by Guest Wed Jun 26, 2019 1:24 pm

There's nothing in the sanctions chapters for UC that says that one could be sanctioned for not logging in their email in front of a work coach; therefore, one can simply refuse and won't be sanctioned. It's also common sense that nobody should ever show personal emails to anyone, unless they decide to forward them or maybe print them to pdf. An email can be used as evidence, and the WC can ask for evidence, but definitely can't demand anybody to log in front of them.


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Post by Caker Thu Jun 27, 2019 8:37 am

Pintel wrote:Thanks @Caker. You wonder how simple you have to speak to these people at the DWP to get an straight answer...  cyclops

Any tips/advice you would word on how to ask for FOI's?


When asking about 'mandated' activity, I would usually request copies of the legislation/regulation which 'the WC would rely upon when seeking to mandate a claimant' to do that activity (insert mandated activity here).

This wording is plain and simple for them.

I suspect that the other person, who raised the FOI, will get the same answer of 'information not held'. We will see. cyclops
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Post by Caker Thu Jun 27, 2019 8:41 am

Miguel1975 wrote:
There's nothing in the sanctions chapters for UC that says that one could be sanctioned for not logging in their email in front of a work coach; therefore, one can simply refuse and won't be sanctioned. It's also common sense that nobody should ever show personal emails to anyone, unless they decide to forward them or maybe print them to pdf. An email can be used as evidence, and the WC can ask for evidence, but definitely can't demand anybody to log in front of them.



That makes perfect sense.

For those who feel more intimidated by coercive JC staff, just pretend that you cannot remember your login details. If the WC then insists that you forward emails to their DWP email address, ask them to put that in writing (I doubt they will). Twisted Evil
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Post by Non Deficere Thu Jun 27, 2019 9:17 am

Legislation does not specify the evidence claimants must supply. The extract of instructions attached as Annex 1 explains this, although claimants should be encouraged to keep clerical records of their Work Search Activity. For example, print outs of email responses or acknowledgements from employers, or screen prints from their Universal Jobmatch account.

https://www.whatdotheyknow.com/request/526836/response/1259747/attach/3/Work%20Search%20Reviews.pdf

The claimant can consent to accessing their email account in private and produce redacted email address emails.

Corroboration
It is for the Decision Maker to obtain corroborative evidence, but only if the evidence is contradictory or inherently improbable.  Ref. Decision Makers’ Guide – 01390 – 01392.

The same rules apply to UC claimants.


Last edited by Caker on Thu Jun 27, 2019 12:28 pm; edited 2 times in total (Reason for editing : typo)
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Post by MrFrankZola Thu Jun 27, 2019 3:39 pm

Hi ND,

Do you have a link to "For example, print outs of email responses or acknowledgements from employers, or screen prints from their Universal Jobmatch account."?

Plus when you post links to a WDTK foi response, it is better not to include a direct link to a pdf. As a pdf is often undated and often removes all history of the FOI request and associated comments and disclosures. For the example above the full FOI reply includes 35 documents related to the foi request:

"Work search review guidance
Please provide me with copies of the official guidance used by work coaches when conducting work search reviews for UC and JSA claimants."
https://www.whatdotheyknow.com/request/work_search_review_guidance#outgoing-827541

Link to 35 DWP foi docs on "Work search review guidance"
https://www.whatdotheyknow.com/request/work_search_review_guidance#incoming-1259747

And when citing likes of

Ref. Decision Makers’ Guide – 01390 – 01392.
Might be better to provide links and details of the chapter/doc to the information. Again not direct to the PDF but to the page the info/docs/chapter is in. > https://www.gov.uk/government/collections/decision-makers-guide-staff-guide

If anyone finds a WDTK direct link to a PDF, like
https://www.whatdotheyknow.com/request/526836/response/1259747/attach/3/Work%20Search%20Reviews.pdf
copy all of the link up to the numbers after "/request/", so you end up with the link
https://www.whatdotheyknow.com/request/526836/
which will go to
https://www.whatdotheyknow.com/request/work_search_review_guidance

When viewing an foi reply on https://www.whatdotheyknow.com/ links to a PDF include a "HTML version". Is is far better to share the "HTML version", like:
https://www.whatdotheyknow.com/request/526836/response/1259747/attach/html/3/Work%20Search%20Reviews.pdf.html as it includes a link to the original request and the PDF

"The claimant can consent to accessing their email account in private and produce redacted email address emails."
This sounds like a pro DWP approach, how does a claimant provide access to "their" email account "in private"? Or put another way, if a claimant does not consent and does not provide "redacted" emails they risk sanctions*, so should just 'consent'? In essence this is not consent.
*Or a JSA claim being closed ('disentitlement') and having to claim UC
.
PDF links

With regards links to a PDF, a pragmatic approach is to link to the PDF and include a link to it's source, like:
pdf  https://www.whatdotheyknow.com/request/526836/response/1259747/attach/3/Work%20Search%20Reviews.pdf
Via https://www.whatdotheyknow.com/request/work_search_review_guidance from FOI request "Work search review guidance"

This post is based upon being about FOI requests. IE: Full disclosure of information held.(cited)


Last edited by MrFrankZola on Thu Jun 27, 2019 4:26 pm; edited 1 time in total

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Post by MrFrankZola Thu Jun 27, 2019 4:16 pm


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Post by Pintel Thu Jul 11, 2019 3:41 pm

Here is the DWP response to the FOI:

DWP Response:

There is no legislation that supports either JSA or UC claimants being mandated to share details of their personal email account specifically, regardless of the reason.


https://www.whatdotheyknow.com/request/585149/response/1395850/attach/html/2/FoI%2023848%20Response.odt.pdf.html

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