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Work and Health Program

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Pintel
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Ginger
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Post by Committed Claimant Wed Dec 18, 2019 3:34 pm

Following on from my last post let us now remind ourselves of the present state of affairs as they apply to the claimant in the case currently under discussion here.

Ginger was told by his coach at a routine signing on appointment that he was being referred to the Work and Health Programme. No details or discussion of any significance was forthcoming except that Reed would be the Programme Provider. He was not even informed whether the referral was voluntary or mandatory, nor was he given any opportunity to comment, remark or question this sudden and unilateral decision.

He was told by this coach that she would be sending him a letter very shortly. That is where the matter lays and, as we now know, remains as far as interaction between Ginger and JCP on the subject of referral is concerned.

It would be reasonable to anticipate, as Ginger did, that the promised letter from his coach would be winging its way to him ere long and that it would contain a more comprehensive description of the process by which he was selected for referral, the expectations and the implications of this referral, answer some of the questions he might have and give him the basis for deciding, one way or the other, if it was right for him in his circumstances.

This, and no hint was given that it would not be, would be the formal notification letter inviting him to attend a referral interview with his coach, stipulated as the next step in the referral procedure.

No such letter was forthcoming.

In the meantime, and within a couple of days, he receives a letter from Reed, the WHP Provider. Here again there was a dearth of detail, as prescribed by the referral procedure, merely an invitation to attend an interview at their premises and to bring some ID documentation with him.

This letter from the provider, unsolicited, was not what the claimant was expecting, nor is it the next step in the referral procedure.

In my view, this letter should be ignored totally. Reed was able to send it as a result of the claimant’s personal information being illegally transmitted to them by JCP without his consent, which is required by law.

This is now the current position, so far as we know.

It is anticipated that if the claimant does not turn up at the interview with Reed they will notify JCP sharpish. JCP will then try to contact the claimant sharpish, initially by phone. They will seek an explanation for why he did not attend and try to ‘encourage’ him to re-arrange or accept another appointment with Reed.

If this is what indeed transpires, I would urge the claimant to seek a face to face interview with a JCP coach, where a full account with written submissions if appropriate will be forthcoming, rather than go into specific details and explanations over the phone. Remember, the objective is to get a face to face interview with the JCP coach.

On the other hand, the claimant’s routine appointment might come around before the above scenario can kick in, in which the face to face interview will happen naturally. The subject of the WHP referral is bound to crop up, coach is going to ask how it is progressing if nothing else.

Either way, the imperative is to get that face to face interview with the work coach.

In the course of the face to face interview the coach will doubtless do her best to make the claimant accept the referral with a lot of waffle and perhaps threats of punitive actions.

The claimant, in turn, will be able to explain why he didn’t attend the Reed appointment as he was given to understand that he would be contacted by her, his work coach, with more details of the referral and that he felt he could not adequately interact with Reed until he was in possession of the promised details. He felt he might be acting irrationally and in contravention of JCP instructions had he done so.

He could add that the realisation is now dawning on him that the whole process has been designed so that he could be damned if he did and damned if he didn’t attend the Reed interview.

By the way the claimant should make it clear and impress on the work coach that he wants that statement to be added to the ES48 form to the Decision Maker should a sanction doubt be initiated.

When, or if, the discussion turns to the actual referral selection and process and suitability all the points we have already discussed in the preceding posts can be properly addressed.

If the work coach attempts to terminate the interview without the claimant being fully satisfied with the information/answers he gets, or if sanctions are threatened, in which case the claimant may ask that the interview be terminated to allow time for him to consider and seek advice on these new developments of which he was thitherto unaware.

If no time is allowed to reconsider and the threat of imminent sanction becomes real then the claimant is in an ideal position to hand a letter such as the one transcribed above to the work coach for his manager.

Any constructive comments on the above, or suggestions for improving the prospects of a satisfactory outcome would be very welcome.
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Post by Admin Thu Dec 19, 2019 12:20 am

Ginger wrote:Hi, would greatly appreciate if someone will give me an advice.
During last signing my work coach told me that she is referring me to the WHP. I've been claiming JSA for more than 2 years. I know that after 2 years you can be mandated to take part in the program, but she didn't give me any letters that say it is mandatory. Few days later I received a letter from the provider for the initial appointment. Nothing was mentioned about this being mandatory. Although it did say that if I don't attend JC will be informed. It also states that I have to bring proof of identity so that they can confirm I am eligible to work and live in the uk.
I am wondering, do I have to attend this initial appointment or not. And if I need to bring my passport which I guess they would want to photocopy. If I don't attend on the basis of not having mandatory letter I suspect they might say that it was sent to me
Thank you for the help.

id actually ignore the letter and wouldnt go

not forgetting dwp are supposed to provide you with details at the jobcenter and who you will be contacted by

from what you are saying is that you wasnt issued with anything

therefore using the postal reference did you recieve the letter the answeer would be no

if you are asked by the dwp advisor have you recieved the letter ?

? what do you mean all that was mentioned last time was a referal to the whp

i havent seen anything at all ( play the game postal service dont always deliver letters its also xmas weeks not all the post arrives on time or is actually sent to the addressee )

wait for them to tell you whos contacting you then you have every right to ask for info on the placement

oh and no passport or driving license needed for one of these programs just your letter of enrolement thats it

if they ask you havent got one
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Post by Committed Claimant Thu Dec 19, 2019 2:40 am

Following on from the previous explanatory post:

At the face to face interview, if it develops into the initial referral interview, or at the initial referral interview if one is subsequently arranged, here are some suggestion for questions to the coach.

The following procedural guidance can be found at this link:

https://www.whatdotheyknow.com/request/460415/response/1110039/attach/10/8.WHP%20Referral.pdf

Perhaps it could be printed out and brought along to the interview.

The first part, as far as I can figure it out, is about the so-called automated selection process.

1. When the Labour Market System (LMS) queue review date matures, you must access the Digital Claimant Activity Messaging Service (DCAMS) and view the result of the Gatekeeper actions and random allocation.

2. Access DCAMS using the icon on your desktop.

3. Enter the National Insurance Number (NINO) on the opening screen.

4. You can view the Gatekeeper and random allocation outcomes from the:
• ‘Summary’ tab
• ‘WHP selection tool’ tab

5. Expect to see either:
• Not selected (the date is when the Gatekeeper made their selection for random allocation)
• allocated to the Work and Health Programme (WHP)
• allocated to the Public Sector Comparator (PSC)
• allocated to the Random Control Group (RCG)

6. Example: Potential participant 'Not selected' displayed on the summary screen.

7. Example: Potential participant 'Not selected' displayed on the 'WHP selection tool' screen.

8. The table below shows the text outputs for the other possible random allocation results.
‘Summary’ tab text ‘WHP Selection Tool’ tab text
Allocated to the WHP on <date>
WHP referral outcome
<Name> was allocated to the Work and Health Programme
Next steps
Please refer <Name> to the provider through the appropriate referral system (LMS / WSP / DPT)
Allocated to the PSC on <date>
WHP referral outcome
<Name> was allocated a place with the Public Sector Comparator
Next steps
Please refer <Name> to the provider through the appropriate referral system (LMS / WSP / DPT)
Allocated to the RCG on <date>
WHP referral outcome
<Name> was allocated a place in the Random Control Group
Next steps
Please continue to provide Work Coach support for <Name>
A new referral can be made for <Name> from <date – 2 years after GK action>

9. Record the result of Gatekeeper actions and random allocation in Labour Market System (LMS) conversations.

10. ‘Not selected’ means the potential participant was not selected by the Gatekeeper to go through to random allocation. They can be resubmitted to the Work and Health Programme (WHP) again after 6 weeks, but only if the work coach believes they are still suitable.

11. Three outcomes will present from random allocation and there’s a different process to follow for each:
• potential participant allocated to the Work and Health Programme (WHP)
• potential participant allocated to the Public Sector Comparator (PSC)
• potential participant allocated to the Random Control Group (RCG)

12. PSC is only available in 4 districts. These are:
• Lincolnshire, Nottinghamshire and Rutland
• Leicestershire and Northants
• Dorset, Wiltshire, Hampshire and the Isle of Wight
• Devon and Cornwall

Note: Individuals allocated to the Random Control Group (RCG) will be told they were not successful in getting a place. Unless an individual asks directly, do not inform them that they have been allocated to the control group as this can change behaviour and could undermine the evaluation. Although not able to take part in the WHP for another 24 months, they will be treated in every other way the same as those not selected for the programme. Potential participants on a work coach caseload only will continue to receive the business as usual Job Centre Plus offer. Caseloaded and non caseloaded potential participants can be referred to the programme again after 24 months if eligible.

13. Individuals who do not want their data processed as part of the evaluation can ask for it to be removed from the analysis. You must email this request to the evaluation email inbox.

14. If you identify that the claimant has a Special Customer Record (SCR) or is a Multi Agency Public Protection Arrangements (MAPPA) case, do not open an interview on LMS and follow the relevant process.
See: Special Customer Records
See: MAPPA
 

The coach could also be asked to confirm whether or not this is how the selection is made. If it is not, or if it’s been updated ask for the appropriate or updated version.

It does appear to depend to some extent on work coach input into the system. If I am right, then it would be fair to ask on whose authority was the coach acting and what was the criteria used.

Ask to have it all explained. I wouldn’t mind sitting in on that one myself.

The next part deals with the procedure to be followed by the coach in preparation for and during the initial referral interview, the one that you were not offered and not invited to attend:

1. Once the random allocation results are known, you must contact the potential participant and invite them in for a meeting. This will allow you to explain next steps.

Use the WHPL006 'Your meeting details' invite to interview letter.

Note: If potential participant is SCR, you must follow the SCR instructions to conduct the clerical referral interview.

2. You must use interview types ‘WHP Voluntary’ and ‘WHP Signposted’ (these can be 1 to 60 minutes long)

3. This meeting must take place within 10 working days of being selected. The appointment must be entered into your diary.

4. In the Work and Health Programme (WHP) referral meeting, you must take the following action:
1. Access your diary.

2. Start the interview on Labour Market Screen (LMS).

3. Explain they have been selected for the WHP.

4. Explain the referral process.

5. Explain that the potential participant should expect to be treated fairly by the provider and that the provider will explain their minimum standards of service. If they are not happy, the referral letter explains how to make a complaint.

6. Explain the potential participant's responsibilities whilst on the WHP.

Note: These are set out in the referral letter.

7. Remind the potential participant of the benefits of taking up the provision. You may want to include the following:
• WHP can help them into employment and help keep the job
• WHP can help them if they have problems finding work for example, if they are disabled or have barriers to finding a job
• WHP will help them improve their skill set and provide the right kinds of training to get a job
• WHP will provide that extra help and support that they cannot get from DWP
• WHP will help them write an action plan mapping out the manageable steps to take to help them move towards employment
• WHP will continue to support them through the early stages of employment

8. Explain DWP needs to share information about them with employers, WHP providers and work placement hosts. Explain that some of this is explained in the referral letter. If they want to know more, they can visit www.dwp.gov.uk/privacy-policy .  

9. Remind the potential participant that the provision will last for 456 days with the possibility of it being extended to 639 days.

10. Explain to the potential participant that if they reach 24 months unemployment and disengage from the WHP, they will be mandated for the remainder of the time on the programme if they are on Jobseekers Allowance (JSA). This is when the participant meets Long Term Unemployed (LTU) eligibility criteria.

11. Check the Labour Market System (LMS) ‘HIST’ tab to prevent duplicate referrals.
Note: Some Labour Market System (LMS) processes incorrectly remove the marker.

12. Identify if the potential participant needs support in understanding or accessing Jobcentre Plus (JCP) services and complete the free text box on the referral opportunity quoting: ‘May require reasonable adjustment or additional support’.

13. Review and/or update the Claimant Commitment or action plan.

14. Tell the potential participant that if they find work prior to them engaging with the provider, they must notify Jobcentre Plus (JCP) immediately in order for them to consider any in work support that may be available (depending on benefit being claimed). Once they engage with the provider, it becomes the provider’s responsibility for any in work support.

15. Make the referral to the WHP using the WHPL003 referral letter.

Note: If potential participant is MAPPA, follow the current MAPPA instructions to consider if it is necessary for the provider to be made aware of the restrictions contained in the MAPPA J  notification form.

If it is, you must update the potential participant's 'Action Plan' in Labour Market System (LMS) with the relevant details.

The information in the action plan is transferred to the provider automatically via Provider Referral and Payment system (PRaP).

Note: The above steps are essential to ensure that WHP providers get full relevant information, especially around any restrictions to availability, caring responsibilities.

5. Throughout the referral interview, you must consider whether the potential participant needs that little bit of extra support.

See: Claimant requires support in understanding and accessing WHP services

The next part explains the procedure for actually making the referral:

1. Before making the referral, make sure the potential participants:
• understand what’s been discussed
• have no questions or concerns

2. After these initial actions, you must take the following action:

1. Update the Claimant Commitment (JSA) or action plan (ESA and IS) to show they have been referred to the Work and Health Programme (WHP) where appropriate.

2. Make the referral in Labour Market System (LMS).

3. Access the 'LMS Office' tab to select the appropriate opportunity.

4. Access the 'LMS Office' tab in LMS to select the appropriate opportunity.

5. Use the appropriate opportunity type:
• WHP Disability Condition
• WHP Early Entry
Note: You must use the free text box to input the early entry group chosen.
Use the free text box to add 'This is a non-benefit claimant'.
See: Austistic Spectrum Disorder chapter for the appropriate opportunity type if you are aware the potential participant has this condition.

6. If the potential participant is not on a work coach caseload, you must tell them to take ID and relevant evidence with them to the initial provider interview.

7. If the potential participant requires extra support in accessing or understanding our services, complete the free text box on the referral opportunity with: ‘May require reasonable adjustment or additional support’ and ensure a review and update of the 'Reasonable Adjustment' field is undertaken.
Note: The 'Reasonable Adjustment' field can be found in the DIsabled Person (DP) hotspot in Labour Market System (LMS).

8. Explain they’ll be contacted shortly by the provider to book an initial interview.

Note: This initial interview must be conducted within 10 working days of the referral.

9. Explain they’ll have a fuller explanation of the provision by the provider when they start.

10. Issue the clerical, voluntary WHPL003 referral letter.

11. Encourage the potential participant to share their Claimant Commitment or action plan and their copy of the letter detailing the outcome of the Work Capability Assessment (WCA) with the provider.

12. Encourage them to share any personal information or documentation related to finding employment including any limitations they may have.

13. Record the issue of the letter in LMS conversations.

14. Update Labour Market System (LMS) by recording the interview outcome as ‘Allocated to WHP’.

15. Close the interview.

16. Complete a final check that all information is complete and accurate in order to ensure a smooth referral to the provider.

At some time during this initial interview the coach should have asked for consent to pass personal information to the Programme Provider. Without said consent freely given it is illegal for her to give out personal details.

There’s plenty there to be going on with, more than enough one may well say.
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Post by Committed Claimant Sat Dec 21, 2019 12:03 pm

Latest update post from Ginger, posted on another thread.

In the interest of continuity, I have copied it on here to the thread you started yourself on the matter.

Just an update on the situation.
I didn't attend my initial assessment appointment with the provider that was meant to be today. Later in the day received a text message from them saying that it is rebooked for next Friday. Not a word mentioned about it being mandatory or if they have contacted JC about today.


It is a courageous step that you have taken and respect to you for taking it.

If you mean to go on as you’ve started ignore any attempts by the provider to contact or engage with you.

JCP will doubtless be on to you ere long, probably formulating their strategy as we speak.

Be firm with them over the phone if they try to put you on the spot.

Insist that you have no idea what those people want, you didn’t invite them to harass you. As far as you’re concerned, they should not be in legal possession of your personal information and would like enquire as to who gave it to them without your consent.

You are still awaiting the formal invitation letter to initial referral interview at Jobcentre Plus as promised by your coach.

Tell them that you have complicated issues that need to be addressed and this can only be done at a face to face interview with your coach. Ask them to be so good as to arrange such an interview as their legal procedures stipulates and their Code of Conduct obliges them.

PS.
When is your next scheduled appointment with your Jobcentre coach by the way?


Last edited by Committed Claimant on Sun Dec 22, 2019 8:38 am; edited 1 time in total
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Post by Committed Claimant Sun Dec 22, 2019 8:14 am

Ginger wrote:

My next appointment is on Monday 6th January. It should've been on the 23rd December but they are closed.


This gives you 2 weeks to go over the information already posted, prepare your case and how you are going to present it at the interview.

In the meantime if JCP call you try to avoid conducting a lengthy interview over the phone or making any commitments to agree to anything until you see your coach at your next scheduled appointment on the 6th January.

Feel free to ask if something is not quite clear or you think we've missed something.
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Post by Ginger Tue Jan 28, 2020 11:48 pm

An update on what's happening with WHP. Three weeks ago when I went to my signing appointment the first thing WC asked was why I didn't attend interview with the provider. So I said that she didn't send me a letter as promised.
-The system shows that they the provider send you one and gave you a phone call.
-Was this appointment mandatory?
-Yes, it was because you are a long term unemployed and you were selected.
-If it was mandatory you should've send me a MAN letter and there are certain procedures to be followed, and you can't pass my details to the third party without my permission.
-I've done everything correctly, I don't want to lose my job and you gave your consent. The provider will contact you again to arrange another appointment.
The next day someone from the providers office left me a voicemail asking to call back and later during the day called with out leaving messages.
I wasn't sanctioned and received my money as usual.
Last week was my another signing. From now on I have a new WC. And of course she started straight away from why didn't I attend/ get in touch with the provider again. I explained to her the situation, that procedures were not followed and no MAN were sent to me neither by JC or provider. She told me that I am a long term unemployed, was randomly selected, my attendance is mandatory and that in our day and age things are done electronically or by phone and they don't have to send me a letter. And if it's the letter that is stopping me, then I shouldn't wait for one because they contacted me by phone and that's enough. She is giving me a chance to get in touch with the provider until my next appointment otherwise she will have no choice but to refer me to the decision maker.

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Post by Pintel Wed Jan 29, 2020 12:38 pm

I am sorry to hear about this @Ginger No  . Well to the work coaches reply: "in our day and age things are done electronically or by phone". The first thing I would do is to ask to have your phone number removed from there IT systems, as an email will at least give you some written evidence and a data/time stamp of what was typed.
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Post by Gallazz Wed Jan 29, 2020 4:30 pm

Ginger wrote:An update on what's happening with WHP. Three weeks ago when I went to my signing appointment the first thing WC asked was why I didn't attend interview with the provider. So I said that she didn't send me a letter as promised.
-The system shows that they the provider send you one and gave you a phone call.
-Was this appointment mandatory?
-Yes, it was because you are a long term unemployed and you were selected.
-If it was mandatory you should've send me a MAN letter and there are certain procedures to be followed, and you can't pass my details to the third party without my permission.
-I've done everything correctly, I don't want to lose my job and you gave your consent. The provider will contact you again to arrange another appointment.
The next day someone from the providers office left me a voicemail asking to call back and later during the day called with out leaving messages.
I wasn't sanctioned and received my money as usual.
Last week was my another signing. From now on I have a new WC. And of course she started straight away from why didn't I attend/ get in touch with the provider again. I explained to her the situation, that procedures were not followed and no MAN were sent to me neither by JC or provider. She told me that  I am a long term unemployed, was randomly selected, my attendance is mandatory and that in our day and age things are done electronically or by phone and they don't have to send me a letter. And if it's the letter that is stopping me, then I shouldn't wait for one because they contacted me by phone and that's enough. She is giving me a chance to get in touch with the provider until my next appointment otherwise she will have no choice but to refer me to the decision maker.

What they're saying sounds very fishy. I know that by saying that I'm not offering a solution, but for one, you're on JSA not UC so they can't mandate you to activities verbally/without a JSD (the exception being jobs I believe), and to do that properly, they would have to inform you that you could be sanctioned for non-compliance. I suspect it's because there are no grounds that you haven't been sanctioned, and that you've got a new work coach because the last one knows s/he didn't follow the correct procedure. And they still haven't issued the mandatory referral letter.

You could ask your Jobcentre to put it in writing that your referral was mandatory. Other organisations put terms of purchase in writing for customers because it's common sense that you wouldn't just take some random employee's word for it.

Another option is to ask the provider if your referral is mandatory or voluntary and to put it in writing for you. They might collude with the Jobcentre I suppose. The best course of action may be to email the district manager and also say that you've made a Right of Access Request to the DWP. The last person who did that got quite a quick response. Good luck.

Edit: Just seen WC's letter:

https://respectfulbenefits.forumotion.com/t4335-failure-to-follow-proper-procedure-work-and-health-programme

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Post by Guest Wed Jan 29, 2020 5:32 pm

Sorry to hear all this too Ginger. Remove consent from roach shop and dwp contacting you by phone.

Tell these planks their sadly mistaken. You have a choice of how you want to be contacted and make it crystal to them.

Also there is a nice withdrawl of consent template letter on the forum to shaft WP if you have to end up signing up to that sham.

Pintel makes a good point on using email. I'd insist on post only. They like to play the game of `we did send you x letter `when choosing that option. If you do go the old fashioned route, remind them you know all about SARS. And not the virus 😊

Also, as they say contact by phone is enough I don't think that's correct procedure for referral. Can someone correct me?

Good luck Ginger


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Post by Welfare-Champion Wed Jan 29, 2020 6:16 pm

Unlike UC, JSA mandatory notices can only be issued by hand or post.

There are different consent rules if you are mandated to the W&HP.  I am too tired to check just now.

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Post by Guest Wed Jan 29, 2020 6:40 pm

Thanks welfare, look forward to reading that consent information when you have a moment.

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Post by Welfare-Champion Thu Jan 30, 2020 8:58 am

jobberpw wrote:Thanks welfare, look forward to reading that consent information when you have a moment.

Here you go j:
https://www.whatdotheyknow.com/request/454807/response/1102039/attach/2/FOI%200023%20Reply.pdf?cookie_passthrough=1

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Post by Guest Thu Jan 30, 2020 9:52 am

Thanks welfare champ.

After reading through all that not too sure as the last letter I gave to WP took note and did not proceed to share my data with anyone else. There are as I remember specific rules in the GDPR act which protects everyone from that. Even the unemployed. Will try and find that later.

How do you interpret that FOI request welfare champ?

Failure to comply would argue conscientious rights as they say we have some. 😊As the WP template letter states, don't want scumbag provider farming out details to just recieve a payment. For me and others to agree to that I would want a real job in place with real money. Not some poxy zero hour contract with minium wage. That FOI is a sure sign the state is trying to control people more than actually find them work. Will have a chat with ico about this.

Jobber


Last edited by jobberpw on Thu Jan 30, 2020 10:01 am; edited 1 time in total

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Post by Welfare-Champion Thu Jan 30, 2020 9:57 am

jobberpw wrote:Thanks welfare champ.

After reading through all that not too sure as the last letter I gave to WP took note and did not proceed to share my data with anyone else. There are as I remember specific rules in the GDPR act which protects everyone from that. Even the unemployed. Will try and find that later.

How do you interpret that FOI request welfare champ?

Jobber

The FOI is relevant to people mandated to the W&HP.

Volunteers can block consent more easily.

Perhaps another thread is needed to cover in more detail.

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Post by Guest Thu Jan 30, 2020 10:04 am

Welfare champ apologies, I am getting thicker it would seem.

Can whp do what they like with people's data. I can't see just because someone is mandated to that sham of a circus that effectively bypasses all the GDPR rights and even more so allowing a business to infringe that right and gain from it for doing bugger all?

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Post by Guest Thu Jan 30, 2020 10:24 am

It's the blocking of consent under data rules that we all need clarification on 100% welfare champ. I wasn't kidding when saying I am a bit thick because I don't think they could have dressed that FOI up anymore if they tried.

It's obvious to me dwp are having problems here in making this stick and when reading through what EU courts rule on consent is not inline with that FOI imo.

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Post by Guest Thu Jan 30, 2020 10:25 am

I wonder if Frank Zola is reading these post's this morning as love his view.

After reading through that three times welfare as it did take me that to absorb it. Would appear their going to be stuffed until such time they change current laws and specifically on data protection. Will come back on this later.

J

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Post by Jara Thu Jan 30, 2020 12:28 pm

I just found the letter template I used to successfully withdraw consent when I was on the old Work Programme:

https://wwwrefuteddotorgdotuk.wordpress.com/2013/10/12/withhold/

It might need updating though as we now have GDPR.

Jara

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Post by Guest Thu Jan 30, 2020 12:47 pm

Nice one Jara, and gathered some extra pieces from that. As far as I know the GDPR is covering May 2018 onwards and before in certain instances.

I'd advise anyone who has to ultimately go on the WHP to use a letter like the template or seek professional legal advice as I certainly will be doing should they think their above the law.

One thing is for certain, we really need to put our foot down with these sharks.

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Post by Ginger Mon Feb 10, 2020 2:57 pm

Last week during my signing was told that I have problems because still didn't get in touch with the provider as advised. Straight away I showed printed out DWP legal procedures and policies.She agreed with everything, made a copy and told me that she will try to arrange something for me by next appointment. On Saturday I received two contradicting letters from the JC and an initial appointment letter from the provider. First letter from the JC was a notice to start WHP on voluntary basis. Second letter was a jobseekers direction to attend initial appointment with the provider and then on a different day attend meeting with the WC at a different JC to discuss what I've done.
Letter from the provider didn't say that attendance was mandatory.
All of this left me a bit puzzled and unsure whether I should go to the providers appointment or not and try to postpone inevitable for some more time.

Ginger

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Post by Gallazz Mon Feb 10, 2020 11:03 pm

How odd.

As you probably know, a Jobseeker's Direction means you can be sanctioned for noncompliance but it could have been issued unlawfully. I'm not sure what you should do - is there a CAB near you?

Perhaps you could go to the initial appointment and ask the provider if the referral is voluntary, and tell them that you don't want to join the WHP. Actually, others have got out of the WHP (voluntary referrals) just by refusing to sign the consent forms (I don't recommend signing them in any scenario).

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Post by Guest Sat Feb 15, 2020 1:39 pm

Hi Ginger,

Any latest news on roach shop situation.

Hope you got things sorted all OK?

Jobber

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Post by Ginger Sat Feb 15, 2020 9:41 pm

Update on the situation so far.
Attended initial appointment, provider confirmed that the referral was voluntary, couldn't provide any information about jobseekers direction I showed her. I told her that I don't want to join the WHP. She said it was fine with her and let me go.
On Monday is my signing day, so will see what happens next.

Pretty sure jobseekers direction was issued unlawfully.
Jobseekers Directions
When a Jobseekers Direction must not be used.
15. Therefore, a Jobseekers Direction must not be use to:
•refer a claimant to a program supported by separate legislation. For example, when referring a claimant to a Work Program, the relevant and legally required referral notification ( letter), must be used

Ginger

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Post by Guest Sat Feb 15, 2020 10:36 pm

Well done Ginger and as you say if the refferal was done incorrectly roach shop will have egg all over their faces. Nice of whp provider setting you free so easy.

Hope all goes smoothly for you on Monday. Good to follow your story as it is bound to help me and others as we navigate out way around this circus as good as we can.

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