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Top Policy topic #1363

Subject: "3rd party phone calls to DWP - client must now be present each time?" First topic | Last topic
nickyswllc
                              

Benefts Caseworker, Kingston & Richmond Law Centre
Member since
24th Jun 2008

3rd party phone calls to DWP - client must now be present each time?
Thu 09-Apr-09 11:52 AM

I have just been told by DWP Makerfield that they can no longer discuss clients' benefit problems over the phone unless the client is present and gives permission during the phone call. This applies even when written authority has been sent in and the DWP has correspended with me in writing about the client's case.

Apparently this is new government policy on security which came into effect last week. Has anyone else been told this?

  

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Replies to this topic
RE: 3rd party phone calls to DWP - client must now be present each time?, nevip, 09th Apr 2009, #1
RE: 3rd party phone calls to DWP - client must now be present each time?, mike shermer, 09th Apr 2009, #2
      RE: 3rd party phone calls to DWP - client must now be present each time?, BrianSmith, 09th Apr 2009, #3
           RE: 3rd party phone calls to DWP - client must now be present each time?, suelees, 09th Apr 2009, #4
                RE: 3rd party phone calls to DWP - client must now be present each time?, nevip, 09th Apr 2009, #5
                     RE: 3rd party phone calls to DWP - client must now be present each time?, steve_h, 15th Apr 2009, #6
                          RE: 3rd party phone calls to DWP - client must now be present each time?, mike shermer, 15th Apr 2009, #7
RE: 3rd party phone calls to DWP - client must now be present each time?, hkrishna, 15th Apr 2009, #8
RE: 3rd party phone calls to DWP - client must now be present each time?, mike shermer, 15th Apr 2009, #9
      RE: 3rd party phone calls to DWP - client must now be present each time?, ariadne2, 15th Apr 2009, #10
           RE: 3rd party phone calls to DWP - client must now be present each time?, 1964, 17th Apr 2009, #11
                RE: 3rd party phone calls to DWP - client must now be present each time?, nickyswllc, 24th Apr 2009, #12

nevip
                              

welfare rights adviser, sefton metropolitan borough council, liverpool.
Member since
22nd Jan 2004

RE: 3rd party phone calls to DWP - client must now be present each time?
Thu 09-Apr-09 12:03 PM

No, and as long as the form of authority is a subsisting one, the policy is unlawful.

  

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mike shermer
                              

Welfare Benefits Officer, Kings Lynn & West Norfolk Borough Council, Kings l
Member since
23rd Jan 2004

RE: 3rd party phone calls to DWP - client must now be present each time?
Thu 09-Apr-09 12:25 PM




We have had three meetings of the JCP/CRG forum since December and JCP catogorically have not mentioned anything that contradicts their Implied Consent policy, nor cases where they have on file a signed Authority.

I will check with the powers that be, but in the meantime, can you possibly ask what guidance - title, number, whatever they are relying upon.......

  

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BrianSmith
                              

Welfare rights officer, northumberland nhs care trust
Member since
06th Oct 2004

RE: 3rd party phone calls to DWP - client must now be present each time?
Thu 09-Apr-09 02:00 PM

Occasionally have problem with inexperienced DWP staff members, but politely ask for a hand off to team leader, mention DWP guidance on dealing with representatives, and problem goes away. What they are doing, which I think springs from new national guidelines, is using security questions such as, client's middle name, their phone number, full names and dobs of children, how they get paid, what bank, what day, other benefits claimed. We try to have this info to hand if possible.

  

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suelees
                              

Welfare and Debt Advisor, Stephensons Solicitors, Wigan
Member since
28th Jan 2004

RE: 3rd party phone calls to DWP - client must now be present each time?
Thu 09-Apr-09 03:22 PM

Local BDC telephony section refused point blank to give me any info despite me saying their system would show client consent and even that I'd had a letter from them several days ago. Her reason for refusing to check was that this would be disclosing the customer had a claim with them!!

Glad it's nearly the weekend

  

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nevip
                              

welfare rights adviser, sefton metropolitan borough council, liverpool.
Member since
22nd Jan 2004

RE: 3rd party phone calls to DWP - client must now be present each time?
Thu 09-Apr-09 03:27 PM

I blame whoever sold her the collected works of Franz Kafka.

  

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steve_h
                              

Welfare Rights Caseworker, Advocacy in Wirral, Birkenhead, Wirral
Member since
06th Mar 2006

RE: 3rd party phone calls to DWP - client must now be present each time?
Wed 15-Apr-09 10:31 AM

Now and again Icome up against this problem, I ask them why does the client have to be with me? They reply that it is because of the Data Protection Act. What stumps them is when I ask "What section of the Act?"
Anyway, I then go on to mention we have prior authority, implied consent and can they ask the manager to ring me back. - Usually does the trick.

  

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mike shermer
                              

Welfare Benefits Officer, Kings Lynn & West Norfolk Borough Council, Kings l
Member since
23rd Jan 2004

RE: 3rd party phone calls to DWP - client must now be present each time?
Wed 15-Apr-09 02:45 PM



In reply to the original posting, that nice Mr Couling, the Director of JCP Benefits and fraud says he hasn't heard of any change in policy, and if he hasn't been told then it seems likely that there hasn't: mind you, there's always the possibility ......................

  

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hkrishna
                              

Welfare Rights Officer, Macmillan Benefits Project, Glasgow
Member since
15th Dec 2008

RE: 3rd party phone calls to DWP - client must now be present each time?
Wed 15-Apr-09 02:53 PM

This one just rolls on and on and on ... does very much depend who you speak to doesn't it? When I get the time I email reports to Roger Pugh - roger.pugh@dwp.gsi.gov.uk - who apparently has some sort of responsibility for this sort of thing and whose name is on the DWP staff guidance.

  

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mike shermer
                              

Welfare Benefits Officer, Kings Lynn & West Norfolk Borough Council, Kings l
Member since
23rd Jan 2004

RE: 3rd party phone calls to DWP - client must now be present each time?
Wed 15-Apr-09 03:11 PM



...and it will roll on and on for as long as front line staff choose not to follow national guidance issued by DWP at least two years ago relating to Implied Consent. When and where the policy works it makes our lives and that of the clients a lot easier. Methinks that the problem lies with newer staff who look upon Data protection as second only to the holy grail..........

  

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ariadne2
                              

Welfare lawyer and social policy collator, Basingstoke CAB
Member since
13th Mar 2007

RE: 3rd party phone calls to DWP - client must now be present each time?
Wed 15-Apr-09 07:56 PM

Yeah, well, it's not just the DWP who pray the DPA in aid as an excuse for not doing things. I've heard of doctors (or possibly their office managers) who won't give people a copy of their OWN medical records saying they can't do this becaue of data protection. I bet there are loads of other examples out there.

  

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1964
                              

Deputy Manager, Reading Community Welfare Rights Unit
Member since
15th Apr 2004

RE: 3rd party phone calls to DWP - client must now be present each time?
Fri 17-Apr-09 02:02 PM

On the same theme- feel a Friday rant coming on. I need to know the start date of client's PC claim (he no longer has the original award letter). We ring PS. They won't tell us because we failed a security question (what is client's mobile phone number?) Client doesn't have a mobile number- thinks he probably quoted a relative's number on his claim form. He can't remember the number which has since changed anyway. I try to fax authority in the hope of speaking to someone different. Fax number doesn't work. I ring back- am told there is only one fax number and if it doesn't work, tough. I ring again, get given a different fax number but that number is permenantly engaged..

Have now written for the info (or to ask them to send client duplicate of original award letter if all else fails).

So, so far it has taken me well over an hour to try to get the answer to a very simple question. As I will probably have to chase up the letter several times (and probably end up bunging in a complaint) it will very likely take far longer than that before we have an answer.

  

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nickyswllc
                              

Benefts Caseworker, Kingston & Richmond Law Centre
Member since
24th Jun 2008

RE: 3rd party phone calls to DWP - client must now be present each time?
Fri 24-Apr-09 09:42 AM

Further to my original post, I have been contacted by a JCP manager who confirms that there is no new policy! Implied consent policy still stands... Makerfield have now contact me and provided me with the info I needed to assist client

  

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