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ESA and Work Programme - face-to-face appt
Clt is in the WRAG and is on the Work Programme (provider is Maximus). She’s just about coped with her 3 weekly face-to-face appt but they’ve now moved offices. It’s not much further in distance but the journey will now mean changing buses in central London which is causing her a great deal of anxiety. The clt has got letters of support from MIND and a psychologist.
Today we asked her personal adviser whether these appointments can be done by telephone. He is adamant that this is a DWP decision, and any evidence I send them would just go on file.
I’ve tried to explain that the clt is not saying she won’t engage with the WP and not trying to get into the Support Group but he’s adamant that they can’t do telephone contact.
Does anyone have any suggestions? Clt is adamant she cannot attend and is willing to take the risk of being sanctioned.
She is engaging with mental health services and volunteering locally (supported by MIND).
Thank you in advance
Given the severity of the problems you’ve outlined, why not try to supersede to get into the support group? From what you’ve said there appears to be a real possibility of a reg. 35 argument, even if none of the Schedule 3 descriptors can be met.
Clt is in the WRAG and is on the Work Programme (provider is Maximus). She’s just about coped with her 3 weekly face-to-face appt but they’ve now moved offices. It’s not much further in distance but the journey will now mean changing buses in central London which is causing her a great deal of anxiety. The clt has got letters of support from MIND and a psychologist.
Today we asked her personal adviser whether these appointments can be done by telephone. He is adamant that this is a DWP decision, and any evidence I send them would just go on file.
I’ve tried to explain that the clt is not saying she won’t engage with the WP and not trying to get into the Support Group but he’s adamant that they can’t do telephone contact.
Does anyone have any suggestions? Clt is adamant she cannot attend and is willing to take the risk of being sanctioned.
She is engaging with mental health services and volunteering locally (supported by MIND).
Thank you in advance
Their failing to offer telephone appointments may well be a breach of the Equality Act; with Work Programme Providers , for EQA complaints the Employment Tribunal has jurisdiction; the ET does not need a solicitor to represent the claimant. It IS a good idea to have legal advice though and a call to Civil Legal Advice on 0345 345 4 345 might be a very good idea unless you know your way around the ET as there is a costs risk.
I note that Mind have got a legal team who may be able to assist
http://www.mind.org.uk/about-us/our-policy-work/legal-casework/
However the first step you can take yourself is to ring ACAS on 03457 474747 and commence the early conciliation process. The deadlines are tight so getting that call in sooner rather than later might be a good idea.
Should you wish to discuss further feel free to inbox me on here and I’ll pass on my numbers/email.