MAN ( mandatory activity notifications.) Appointments law please

[trebormoinet]

I have an issue with a work program provider regarding MAN ( mandatory activity notifications.) Appointments.

 

I am using as my source :

 

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/417141/wp-provider-guidance-chapter-3a-cpa18-v2.pdf

 

the relevant section :

Annex 1 –Appointment MAN (JSA ONLY)

 

 

The pdf has this section highlighted in red

[Please Note: the following template must be used and the structure must not be altered

or added to]

 

The section where my issue lies,

 

At: (Start and Finish time)

 

 

Further on the guidance states.

 

"Consequence

The Labour Market Decision Maker (LM DM) will make a decision based on an

assumption that the MAN meets requirements. If you fail to mandate correctly any

sanction imposed would not be underpinned by the legal framework."

Now this document is a recently revised edition, I believe, updated to reflect the amendment made to

"THE JOBSEEKER’S ALLOWANCE (SCHEMES FOR ASSISTING PERSONS TO OBTAIN EMPLOYMENT) REGULATIONS 2013 "

 

http://www.legislation.gov.uk/uksi/2013/276/pdfs/uksiem_20130276_en.pdf

 

This amendment I believe was the result of an application for judicial review in the case of

Reilly and Wilson v DWP, although DWP won the case my point lies in section,

 

"4.3 However, the Court of Appeal found against DWP on two grounds:

 

Specifically this is the relevant part.

 

b) The Court upheld the High Court’s ruling that letters sent to claimants when

they were mandated to an ESE Scheme did not comply with the regulations. "

 

So it seems to me work providers when mandating an appointment have to stick to the legal framework and use the template provided as highlighted in red due to this ruling.

 

So from this I have rightly or wrongly come to 2 conclusions.

 

If I failed to comply with the MAN for whatever reason, I am on solid ground, because they failed to provide a “finish time” (If you fail to mandate correctly any

sanction imposed would not be underpinned by the legal framework.) the case would be thrown out, as in, I would have nothing to appeal against.

 

Secondly if I have taken the correct complaints procedure, adviser , office manger , head office and they still refuse to include a finish time then my next step would be the Independent complaints examiner (ICE) again taking into account the above they would have no choice other than to uphold my complaint on the grounds of maladministration.

 

I know it might only seem like a small thing but apart from the technicalities of my argument and sticking it to the man, my primary objective and all that I ask at this point is, when I am mandated to attend an appointment I am given a “Finish time”, for example say I am mandated to attend at 9:00 AM without a “Finish time” they could keep me at the offices 5 seconds or until who knows how late into the night, if I did receive a “Finish time” I could plan my time more effectively and know if I should take a packed lunch or not, not make any other arrangements for that day and so on.

 

I am flexible, just a rough indication of the length of time would help, surely it is just plain common courtesy regardless but it seems like they only road they are leaving open to me is to take my complaint to ICE.

 

If anyone can pull me up where I might be going wrong here regarding the legal side of my argument before I begin the fight or point to other resources that might be useful I would be most grateful.