Implicit consent (again)

The ‘wheel of consent’ was something used by the Pension Service a few years back.

The reason for the problem experienced may lie here.

https://twitter.com/jcp_ashton/status/535029250500608001

https://www.whatdotheyknow.com/request/jc_call_centre_operational_guida#incoming-143695

I did an FOI a few years back on this very point although I think I did it in writing rather than through WDTK ; seems like someone’s done it more recently on there though!

I have never managed to get numbers out of the call centres; even despite quoting guidance at them.

DManville - 30 January 2015 02:33 PM

https://www.whatdotheyknow.com/request/jc_call_centre_operational_guida#incoming-143695

I did an FOI a few years back on this very point although I think I did it in writing rather than through WDTK ; seems like someone’s done it more recently on there though!

I have never managed to get numbers out of the call centres; even despite quoting guidance at them.

Thanks Dan

Surprise, surprise - what I was told about what the Implicit Consent Wheel says about what can & cannot be disclosed was also ******** - “This is an implicit consent case. You can disclose appropriate information”. “For further information and full guidance on working with representatives, follow the link ......”.

Its difficult to understand how they can get from the information in the training materials etc to the level of misapplication in practice unless staff are being advised at a local level to ignore it.

The first problem is that you are both reading and understanding the wheel/documents.

It’s at the point that someone does not understand the question that they get the answer wrong.

The Civil Service Protecting Information courses tend to confuse more than assist imo.

The best way of demonstrating is within the link below.

http://learning.rsc-scotland.ac.uk/course/view.php?id=123#section

If you get 100% on your first go - well done.

Peter Turville - 30 January 2015 11:10 AM

Having passed the impicit consent questions I was advised that under implicit consent only limited information could be given under DWP guidance. I was then advised that a breakdown of the entitlement and arrrears could not be given.

I then spoke to the supervisior who siad the same. I suggested this was contrary to the published guidance .Supervisior agreed to call me back and quote the quidance. to be fair I was called back within 30 mins. I drew attention to ‘Information that can be disclosed’ on page 9 of the current guidance “Working with representatives - guidance for DWP staff”.

Supervisor then agreed to disclose the information requested.

It appears that the contact centre IT system has something called the ‘implict consent wheel’ (this has been referred to by contact centre staff before) which apparently generates the implicit consent questions and staff training / understanding is that details like breakdown of an award etc cannot be disclosed under implicit consent. The supervisor was unable to identify any internal guidance that stated this appart from the ‘wheel’.

 

It seems to crop up at regular intervals doesn’t it? I have to say that generally, in those circumstances, I end the call, ring again and usually (on the law of averages) get someone who will tell me what I need to know.

Sometimes I don’t think they use the right ‘wheel’ when the questions are generated either. For example, on ringing the contact centre with an Income Support query a couple of days ago I was asked for the middle name of client’s eldest (non dependent) son.  I had to admit defeat on that one.

My vary favorite ‘implicit consent’ incident (and I’m sorry if I have shared this one before but I love it) was the time when I was told- in all seriousness- that implicit consent ‘only applies if the customer is present’. I’m still enjoying that one very much.

If they ask me the claimant questions; middle name of eldest son, bank account details or some such, I always escalate it to the supervisor. It’s a rare day I don’t get the information I’m after.

I fear we’ll never get the message through though; the numbers of copies of “Working With Customer Representatives” that piled up on Birmingham BDC’s fax machine at one point must have been a fire hazard!

I like the Pension Service’s most recent approach - which is to accept implicit consent, but only offer to answer one question. No follows ups allowed, that needs a second phone call

I had a surprising case last year where I called DWP - I can’t remember whether it was JCP or the Pension Service - and I raised the question of implicit consent when the operator refused to disclose information in the claimant’s absence. She then - aggressively - told me that I don’t need to tell her about implicit consent and that she knew all about it. I asked her if she would then go through the procedure. Here’s the kicker: she told me that it was not up to her to ask questions, but rather up to me to volunteer information that satisfied her I was legit; so I started giving her everything I had from birthdays to spouses and then she relented (sort of).

Anecdotally, about three quarters of DWP customer service staff have an adequate working knowledge of implicit consent, but those who don’t, have a deeply flawed perception of it. It doesn’t really gel with the extremely strict instructions on data protection and the severe consequences for infractions. It’s simply more than their job’s worth to be helpful.

I have also found TPS to only answer one question. D&CS; too, actually, but not quite as strictly.

My favourite is the old chestnut “We cant do implicit consent unless the claimant is present”

Gets me every time that one.

It would be funny if it wasnt so flaming ridiculous

I have experienced the same response at times but do find it useful when I have been waiting on the phone for 40 plus minutes as by this time there are a few points that I want to hit home on as shown above.  Due to work load a time there is nothing worse than being kept on the phone for nearly an hour to be told ‘sorry our system is down and cannot give you any information’ and may be this could be time when one can address the implicit consent issue more fervently with a smile!!

Might find attached useful.

There’s a more current version here Jim

Working with representatives - guidance for DWP staff

Thanks, Paul.  My copy was only 8 months out of date!