Issues with work programme - jobsearch record and victimisation

[sophie77]

I was basing my comments on recollections of reading the various bits of legislation when the Work Programme was introduced. If the DWP FoI team has given this advice in 2014, then it should be relevant in 2015. Print it out and slap a copy on the "adviser's" desk and tell them to supply something more recent.

 

most of them don't have the ability to play poker and/or fall to pieces if you call their bluff.

Hi, I did try this in the meeting but was told by the WP provider that the DWP information was incorrect, so I was hoping for some help for the next step, eg wording for a complaint to them/third party provisions manager/MP or anything else I should be doing.

 

Also is there anything in black and white confirming that WP providers must follow the same rules as JCP advisers concerning bringing in a companion?

[Chester6]

Do not listen to them with their claims of it being incorrect as they are wrong and stick to your position

[sophie77]

Where can I find the address (preferably email) of my local third party provision manager?

Also the "withhold consent letter" - do I send this to the WP provider only and is email sufficient?

 

Finally I am still not sure how to handle the issue with their refusing to allow me to take my partner in with me. Is there anything or combination of things that makes it clear that I can take my partner in, against their refusal, that is appropriate for WP providers?

 

Many thanks in advance, I hope I'm not becoming a nuisance

[trebormoinet]

In regards to the withhold consent letter Email or paper should suffice, I printed mine off and handed it to my advisor who then passed it on to the manager, it took 2 weeks to receive a response to each point raised,unfortunately I do not have an electronic copy of the response else I would upload it.

[antone]

With regard to your partner, the issue here is that the WP provider either doesn't know the rules, or is willfully ignoring them. They should be aware that, as agents of the DWP, they are bound by the same rules as JCP staff when it comes to interviews and companions. The Edinburgh case I mentioned above makes it explicitly clear that you are entitled to have a companion of your choice attend with you.

 

So, depending on how hard you wish to push things, you could take the following approach. Show up to the appointment with your partner. If they refuse to admit him or her, explain that you are entitled to a companion and that the matter is not negotiable. If they refuse to allow it, then the interview will not proceed and, should they send a referral to the Jobcentre for noncompliance, you will explain exactly what happened: that you showed up prepared to attend and participate in the activity, but were denied your right to be accompanied.

 

If you don't wish to risk that approach, then write to the manager of the WP provider's office. Refer to the Edinburgh case and explain that it is your understanding that the provider is bound by the same rules that apply to the Jobcentre. Tell the manager that, if his or her undertanding is different, you require that they explain their position to you in writing, including any rationale as to why they are not bound by these rules. You can then use the response, if you get one, to discuss the matter with the WP liason person at your Jobcentre. Add at the end of your letter that if you do not receive a response within, say, 14 days, you will take that as an acceptance on their part of your position, and that in such a case, you will expect your companion to be admitted to any interviews or other appointments you are required to attend.

[sophie77]

Many thanks for the helpful reply

 

If they refuse to allow it, then the interview will not proceed

 

If I was to do this (I haven't decided if I am brave enough yet!), would I still be entitled to be reimbursed for travel money (I have to travel some distance using public transport)? If so and they refuse to pay it how would I go about getting this reimbursed?

[trebormoinet]

Regarding the withhold consent letter, Email or paper should suffice.

 

As already been mentioned in an earlier post they should have given you a copy of the grievance procedure.

 

I printed off a copy of the withdraw consent letter and handed it to my WP advisor who then passed it on to the WP manager, it took 2 weeks to receive a response to each point raised, unfortunately I do not have an electronic copy of the response else I would upload it.

 

You are entitled to be reimbursed for travel costs if you have to travel to an appointment and personally I have never had a problem, just make sure you keep your travel ticket as they ask for evidence unless you travel by car then they pay by the mile.

[antone]

Many thanks for the helpful reply

 

 

 

If I was to do this (I haven't decided if I am brave enough yet!), would I still be entitled to be reimbursed for travel money (I have to travel some distance using public transport)? If so and they refuse to pay it how would I go about getting this reimbursed?

 

I'm not 100% sure. My personal view (which should not be taken as an authoritative statement of the rules ) is that you should be entitled, but that it's highly likely that the provider will refuse to pay you. As to how to extract the money from them, I really don't know. I think that you should keep all tickets/receipts and, should the DWP find in your favour, make the request for reimbursement to the provider in writing.

[Mr.P]

the issue here is that the WP provider either doesn't know the rules, or is willfully ignoring them.

 

All providers and subcontractors supplying services to the DWP are required to operate to the Merlin Standard. Part of this requirement is to operate to the same standard as the DWP. Note: It is a requirement, not an option that they can pick and choose depending on phases of the moon or some random day of the month.

 

There is also the standard Work Programme provider guidance notes that the DWP have issued (along with a generic framework and regular memos). These notes form part of the provider's contract which they are required to adhere to. Chapter 1, paragraphs 19 & 20 state that:

Travel Costs, Additional Costs and additional Costs

19. Participants should not be worse off by virtue of attending the Work programme.

20. Providers are responsible for travel, childcare, replacement caring costs and additional support costs whilst the participant is on the Work Programme. (See ITT for further information)

Travel expenses should be refunded in full and without strings attached (apart from providing receipts/tickets).

[sophie77]

All providers and subcontractors supplying services to the DWP are required to operate to the Merlin Standard. Part of this requirement is to operate to the same standard as the DWP. Note: It is a requirement, not an option that they can pick and choose depending on phases of the moon or some random day of the month.

 

Many thanks, this looks very helpful. I am currently putting together a letter of complaint detailing these issues and will use the Merlin Standard to support the more dwp-related links already posted. Would the WP guidance link also be relevant or was that related to my reimbursement question?

 

Once I have finished my letter (later tonight hopefully) I will do as you suggested - follow the WP compaint route and also send copies to the third party provision manager and MP. I have emails addresses for all but the third party provisions manager, how do I find the email address (or regular post if email isnt available) for the third party provisions manager?

[Mr.P]

Would the WP guidance link also be relevant or was that related to my reimbursement question?

 

[...] how do I find the email address (or regular post if email isnt available) for the third party provisions manager?

 

The DWP issued guidance would be relevant to any claim for unpaid travel expenses. If you need more material in support, simply do a quick search of whatdotheyknow. The question of travel expenses and WP providers has been asked countless times over the years.

 

Email addresses for third party provisions managers are not generally made available to the public. The best thing to do is to use the address of your local DWP office and hope it gets through to the right person.

[sophie77]

Email addresses for third party provisions managers are not generally made available to the public. The best thing to do is to use the address of your local DWP office and hope it gets through to the right person.

 

OK many thanks, I'll try that