Support Group/Work prog interaction

Posted on behalf of Sarah Batty -

Can anyone advise as not come across this particular scenario before?

Client has severe MH probs and goes into ESA Support group on appeal Sept 14.
Work programme provider ‘Avanta’ continuing to contact her and try to discuss work etc.  Client tells them in Support, initially they don’t believe and it seems DWP have not sent formal notification only a tel call, so they continue to contact by text and tel including statements that they can have benefit stopped.
Two days ago they contact again and inform client that in spite of being in Support Group client still reports to them.  I’ve been on the phone all day between Avanta and DWP/Jobcentre, concerned about immediate impact on client’s health.
Avanta are adamant that if someone is referred by DWP for Work Programme they stay in it for 2 years, although if move into Support Group they stay on it on a voluntary basis, and Avanta are contractually bound to make ‘meaningful contact’ with them on a fortnightly basis, but it is voluntary whether they engage or not.  I’m arguing that its harassment if client has told them she doesn’t want to volunteer to be contacted, if they keep contacting.  Jobcentre have contacted to try to get contact stopped as agree with me, but Avanta refusing on contractual basis and saying up to client to decline to answer phone on each separate occasion.

This can’t be right?  Surely if you go have LCWRA you come out of the Work Programme and DWP can control what contact their providers have with you?

I may be feeling more incredulous and tenacious today than other days of advice work…...

When someone who has already been referred to a Work Programme provider and who is then put into the support group for ESA, they do indeed remain on the books of that WP provider for the 2-year period. I looked into this for a client of mine in similar scenario and couldn’t come up with a way around it.

However, there is no rational basis for them repeatedly contacting her in the way you highlight, and even further, its effectively an abuse of process to be sending communications which imply that benefits could be threatened if she doesn’t maintain contact.

I would suggest a strongly worded complaint to the provider in the first instance and then follow up with the Independent Case Examiner

See paragraph 32 of chapter 3a of the WP Provider Guidance Chapter 3a WPP Guidance - “No conditionality - 32. If the participant’s conditionality is removed you must not mandate the participant to undertake any specified activities.” Quite how this fits with them insisting she continues to receive calls from them and implicit threats to her benefits is beyond me.

Details of WPP approach to complaints is in chapter 16 Chapter 16 WPP Guidance

Thanks Paul for confirming that you have also come across this, and linking to the Guidance.

Half a complaint has gone, but I can now follow up more confidently.  I feel that repeatedly contacting someone who has already indicated that they do not wish to ‘volunteer’ for the service of the provider and leaving them voicemail messages falls way outside of the requirement that they be not mandated to do any activity, in spirit if not in deed, especially where MH is an issue.

DWP were initially most unhelpful on the phone, but after I indicated a formal complaint would be made, became helpful and gave me a named contact at the local Dispute Resolution Team.

Previous thread may be of some help:
http://www.rightsnet.org.uk/forums/viewthread/7903/

Thank you Jon, hadn’t seen it.

It’s arguable harassment and a breach of S26 of the Equality Act (amongst others) The compensation tariff in these situations is £15k.

It’s a job for the Employment Tribunal to enforce the EQA for Work Programme Providers and a necessary first step in that process is approaching ACAS on 0845 4747474 and commencing Early Conciliation. While you’re at it ring Civil Legal Advice on 0845 345 4 345

Do it quickly; the 3 month deadline to file the ET1 will soon sneak up on you however experience tells me that once ACAS have been in touch the contact will stop…

Once you’ve got a couple of ET claims under your belt you’ll be comfy in pursuing them without CLA’s help but having Legal Advice on hand for the first handful is a very good idea as there are pitfalls that don’t arise in Social Security.

Send them a cease and desist letter thretening to apply for an injunction if they fail to comply.