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Work Providers and duties under Equalities Act
Service level agreements for ‘minimum service delivery’ available here:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/252740/provider-minimum-service-delivery.pdf
Only A4E specifically mentions DDA… but others may refer to provision being ‘accessible’ or ‘tailored’
There may be a complex legal issue here. All the work program main providers entered into agreements with the DWP on the same basis.
That was a ‘black-box’ contract - JC+ passed referrals to them and payment was made on the basis of outcomes for those people. DWP has no control, or formally knowledge AFAIK, over the processes that the provider uses within the ‘black-box. Their only interest is in the results. I presume that there will be some standards or safeguards for claimants in the broad contracts - but those will be confidential - but DWP certainly have no control over the detailed operation of the program.
I’m not so sure that’s an issue here Gareth. As a public sector body, DWP is under a legal duty to ensure that the department, it’s employees, and those providing services on it’s behalf are compliant with the duties of the Equality Act. The fact that WP providers have been given a free rein in how they deliver their programmes doesn’t supersede that responsibility in any way.
I’ve also found that it looks like EHRC still has a dedicated legal team that professional advisers can contact, more details are here - Strategic human rights and equality litigation so might be worth contacting them?
This sounds like a reasonable discrimination claim. The area is really under-litigated and given the loss of public funding for social welfare is one worth looking out for. I am enjoying being able to hold the DWP to account again for sure!
In terms of the question of who is liable I would be tempted to have both the DWP and service provider as parties to the claim and see who wants to put their hand up and take responsibility. The results could be interesting…
If anyone gets anything through like this, or wants some advice on identifying potential equality act based claims, I am happy to discuss via phone - 01942 77 4162 or email - .(JavaScript must be enabled to view this email address).
All’t best.
I am compelled to endorse this.
Ryan’s been a great help!
Many thanks to all who have contributed to this topic. Ryan is going to take this up and I would urge those with similar cases to speak to Ryan as he is on the lookout for more (see his earlier post).
Cheers
Carlos
S20 & 21 of the Equality Act. “Reasonable Adjustment” is a fuzzy term, a failure to make such can give rise to a claim to damages.
either send in a pre action letter yourself or ring Civil Legal Advice on 0845 345 4 345 assuming your client is Legal Aidable. I can forward a template pre action letter should you wish (might be an idea as it takes ages to get the bureaucracy out of the way should you go down the CLA route).
Hi there; any chance of a copy of your template letter please? We are looking to write a guide on the discrimination angle. Thanks;sangeetaenright@medotcom