JCP refusing to reconsider ‘action plan’

Has anybody come across this?

JCP adviser at local office refusing to reconsider action plan which referred clt to WP (request made in writing >1 mth ago) . Adviser states that there is no policy or procedure in place to allow this to happen.

So… As far as I can work out from speaking to various JCP advisors, complaints resolution managers etc. JCP no longer appear to be producing these documents or providing them to claimants in writing despite the requirement being clearly legislated in the ESA (WRA) regs. They appear to be referring people to WP and expect them to come to agreement with provider.

They certainly used to sit down with claimants and produce a plan. I remember seeing one and it being reconsidered on request but this was 2+ years ago and in a different town.

Has anbody comes across this or have any suggestions?

Get it in writing and JR the refusal. The blanket referral to WP at given trigger points may well fall foul of art 14 ECHR and the Public Sector Equality Duty. It is certainly indirectly discriminatory.

Ring Civil Legal Advice on 0345 345 4 345 should you wish or I believe public law is not a mandatory referral through Civil Legal Advice so you could try a public access barrister who specialises in Equality Law.

S.I. 1349/2011 reg 7
7. (1) A person may request reconsideration of an action plan.
(2) On receipt of a request the Sec of State must reconsider the action plan.
(3) A decision of the sec of state following a request must be in writing and given to the person.

Just means they must look at it before saying no, but can’t refuse request.
Hope that helps