I've had 8 cases of client's files being lost. In seven of them the paper files for their Incapacity Benefit claims could not be located. The concerned an Industrial Injuries appeal.

A couple of clients had to complete new IB claim forms. Others were found fit for work despite the decsion maker not knowing whether they'd had a previous medical or not. I believe they all breach the Data Protection Act.

All of these cases occurred as a result of the files being transferred to the Heywood Storage Facility, run by CAPITA.

Has anyone else had similar cases?

Following an informal conversation with a member of Department of Work & Pensions staff I understand that even within the Department it is accepted that if a file has gone to Heywood it is lost forever. This is of course mere unsubstantiated gossip and not to be relied upon in any libel proceedings...etc...

Helen

I can't comment on Helen's 'bit of gossip', but would be interested to know how the Data Protection Act is breached by case papers being lost at Heywood. Or is it the filling in of new claim forms that is the breach? No axe to grind-- just curious!

I think the answer is that the DP Act and the DP registration rules include various requirements to keep personal data safe and secure, so losing a file would be a breach and worth a formal complaint to the Information Commissioner (esp there is some evidence of a pattern).

As it's Friday pm : I reckon the files can be found in the same room which has all the odd socks and missing biros.

If all the odd socks and missing biros go to the same room in Heywood, where do the lids off the biros go? Obviously not to the same room.

I usually get told it takes 26 weeks to retrieve a file from Heywood. Any mileage in using "Wednesbury" unreasonableness, in that are they acting differently to other public bodies by getting rid of files so quickly and the method of storage and retrieval is unnecessarily cumbersome. Can an assumption be made that they are trying to hide evidence which may be used to make a succesful claim.
Do the DLA files go to Heywood and is that why, on appeal, only half the renewal file copies are produced?

Our local appeals officers have described the remote storage facility as a "black hole", and tell us that they request files but don't expect to ever see them. They said this at a Tribunal Users Group meeting, and were clearly as frustrated as any of us.

An interesting side effect of the central storage facility is apparently that, since most paperwork is now stored there, the local offices have lost the teams they used to have whose job was purely to look for missing papers. So not only are archived files impossible to obtain, but it's much harder to find current paperwork if it goes astray.

The Data Protection Act defines 8 principles. The Seventh Principle is as follows:

"7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data."

Out of interest, see extract from DBU internal guidance - chapter 28 -


================================================

Chapter 28
File retrieval
What this means
1 File retrieval is when you get a file from Filestore, Nelson using:

1 the Disability Living Allowance Computer System/Attendance Allowance Computer System (DLACS/AACS); or
2 clerical procedures.
2 For cases archived before 8/1/01 files are destroyed 2 years after claims closure on:
 disallowed claims;
 the death of a customer;
 a withdrawn claim; and
2 years 3 months after the termination of an award.

3 The system data is also deleted after 2 years 7 months on the above cases.

4 For cases archived on or after 8/1/01, system records archive 7 months after either a disallowance or a termination of an award. The file will be destroyed 7 months after the system record has archived.

5 The system data is deleted 2 years 7 months after claim closure.

======================================================================

Further to my last, herewith extract from chapter 30 of DBU's internal guidance:

=====================================================================

File contents
40 All file contents should be retained in pouches attached to the RHS of the file cover with a tag through the top of the pouch to ensure no documents are lost in transit. Pouches should have a sticky label on the front with the name of the event. The Decision Maker (DM) will mark the pouch with the date of the decision on completion of their action and will note any destruction date if appropriate.
Contents held in pouches
41 Only supporting documents must be held in the pouch in the file. Supporting documents must be adequate, relevant and up to date. All documents that are considered by the DM when making a decision are classified as supporting, even if they have not been accepted as fact.

See Documents identified as ephemeral/supporting in this chapter.

42-59
Local filestores
60 Some Disability Benefit Centres (DBCs) may use a local filestore for the first three months from the initial decision notification.

61 After three months, these files are sent to National Filestore, Nelson.

62 Follow local arrangements to refer files to your local filestore.

63 When requesting a file from local Filestore, you must:
 complete all the relevant paperwork for the case;
 access dialogue DA/AA094 to register an event type and also set a 3 day case control for the return of the file;
 if no event is registered, access dialogue DA/AA530 and set a case control type 005 maturity date for 3 days for return of the file; and
 enter the customer's details on multiple fax form DBD528B.
64 Only one form DBD528B will be completed at a time on each section. As soon as form DBD528B is full, a nominated Team Member (TM) on each section will be responsible for faxing it immediately to the local Filestore. Any DBD528B not fully completed by the end of each working day must still be faxed, as this will maintain the 3 day case control set.

65-69
Charging a file to Filestore, Nelson
70 To charge a file to Filestore, Nelson:
Step Action
1 check that the NINO is clearly written. If not, make sure a NINO label is put on the file with the correct NINO
2 remove all cards, labels, Performance Indicators (PI) information and tape (other than Special Rules (SR) chequered tape and Invalid Vehicle tape) and all staples and pins
3 delete all previous chargings and use blank spaces in order
4 charge the file to Filestore, Nelson using the Filestore stamp if available and complete the date box
5 access dialogue DA/AA110 (Notepad) and
a delete any previous entry about file location;
b note 'DLA/AA file sent to Filestore Nelson' .

71-79

I have been told (in quite a heartfelt way) by someone in the DWP in Wigan that live claims are being sent to central stoarage in Rochdale. I asked if the documents were scanned first...guess the answer.

I am from sarf lun'n so I havn't a clue where Wigan and Rochdale are in relation to each other.

T'up north somewhere, surely?

Heywood is a town next to Rochdale (known locally as Monkey Town) which falls within Rochdale Borough so that is probably where he means.

but Hartlepool is the one where they hung a ship's monkey as a French spy during the Napoleonic Wars though?
So what is their claim to fame? Do the Gallagher (Oasis for the older readers!) brothers come from there? Coz they look like monkeys to me!

Not a very interesting story behind "Monkey Town": the irish navvies who built heap bridge are supposed to have pronounced it ape bridge. I think it more likely that the Hartlepool Monkey was an escapee from Heywood. Has two claims to fame I can think of: Bet Lynch is from there and someone once told me it is more densely populated with pubs than any other town in England. The second may be the reason it takes so long to find files.

Where does Nelson come in - another town in east Lancashire but not particularly close: t'other side of Burrnley!

Wigan or Wiggin as it's known to t'locals is about 25 miles from Rochdale.

Splott-Paul's reet abaht it being up t'North, Wiggin is wur t'pie-eyters live. I've wurked thur for many a long yur but am a lobby gobbler as us folk fr' Leyth (Leigh) are known. Allus bin animosity 'tween us and them.

hey-up chuck, na mention of whippets, woodbines, tabs or tripe? Is that the sounds of t'Brass Band in't background - by 'eck as like our Vera - and you call us in Wales weird!

Sean, Ken

Any chance of getting a prize for being the 1000th visitor to this thread.

in keeping with the regional stereotyping; "calm down! calm down!!"

'Champions of Europe'. Lol.

wait till you meet the MIGHTY Total Network Solutions (TNS) of Llansanfraith in the first qualifying round, at the Racecourse in Wrexham ... yeah, alright, even I recognise the pointlessness of that line!

Nevermind Champions of Europe. They hange the monkey in Hartlepool and they also elected Peter Mandleson.

As for Nelson, thats where it gets confusing because there is a Nelson in South Wales (Splott Paul will know)

Well England expects....but then there is the half Nelson and there is the full Nelson as those of us who grew up watching wrestling on black and white telly introduced by Kent Walton on Saturday afternoons will remember.

It will get even worse because JC+ are apparently going to open a call centre in Wales to deal with enquiries re claims that are precessed in their Lisahally benefits centre. (I was once told to "speak to Lisahally" by someone at the local office in Woolwich, only to find out that Lisa Hally is not a very popular woman after all)