We had a case in the past where an EU national SP was on JSA ( to keep her R2R ) and was then referred to attend a training course for 6 hours a day which would have caused childcare problems for her. Non attendance would have run the risk of a sanction and in that case we were able to negotiate that it was reasonable for her not to attend.

We now have another case - an EU national with a 10 month old baby who again is on JSA due to R2R pending an appeal against refusal of IS. She was referred to a 3 month course at 30 hrs pw attendance and now after 2 weeks is potentially unable to continue due to childcare problems, again risking a sanction if she cannot continue.

Given that SPs only have to be available for 16 hrs pw, how can JCP refer then for full time courses in the first place? Is anyone aware of any legal grounds that we can challenge this on apart from negotiation?

Many thanks!

Ah, the joys of discretion. I think you need to argue from guidance, DMG 34675 & 34676 refers:

34675 - DM should take into account when deciding good cause any caring responsibilities which would make it unreasonable for the claimant to carry out the JSD (Job seeking direction). This is limited to caring responsibilities and does not include other domestic duties.

34676 - If a claimant has caring responsilities for a child, in considering whether those responsibilities would make it unreasonable the DM should have regard to whether:

1. childcare would not be or was not reasonably available, or
2. if it was available or would not have been available it was, or would have been unsuitable due to the claimant's needs or the needs of the child.

Sounds like a quite ridiculous direction to me, if you want to pass details onto our policy team at GIngerbread, they would be interested in cases such as these.

Thanks very much Paul - I am about to call JCP and will let you know the outcome.

The thing that interests me is why their continued entitlement to JSA should depend on their attendance at a F/T course when they only have to be available for 16 hrs pw employment.