There seem to be some new rules in place at the DWP covering consent to disclose information to third parties (ie Reps). I was told yesterday that consent from the claimant only lasts for the day it was given and no further and it was implied that this included written consent. Has anyone heard of this or have I simply got hold of the wrong end of the stick?

Pete

Which office said this you - Could you ask on what basis they are applying this - a new guidance, a memo or what have you - the date it was issued and who by. Strikes me this could be another urban myth.

As far as I know a signed Authorisation is valid for the life time of a particular Benefit issue - ie, throught the process of review and appeals at lower and upper tier tribunals - I'm almost sure I remember that there was an old Commissioners decision to that effect.

I was having problems with authority when I telephoned the helplines. I usually fax consent through - but sometimes I had to fax it through 10+ times before it actually got onto the system. Now if they refuse to talk to me, I ask to speak to the supervisor and remind them of their guidance on implied consent.

Talking to the people who work at the DWP, they have had drummed into them that breaches of data protection are gross misconduct, so the inexperienced advisers (bear in mind they have just had a recruitment drive) who are answering the phones are terrified that if they say anything they shouldn't they'll get the sack. Understandably this makes them overly cautious.

JK

Thanks Mike,I asked exactly that and was told that it had in fact always been like that but they had recently tightened up on applying it. I was always under the impression that the written consent lasted for the duration of the matter in hand and I have never had any problems with faxing authorities to them . My main worry was that this was a change in procedure.

Hi,

We are also having difficulties with the DWP (specifically the office dealing with IIDB claims) as they are refusing to accept our letter of authorisation. When we request copies of evidence, the DWP are sending the requested documents to the client but not to us.
It appears that the DWP office requires the claimant to sign an authorisation specifying what document/s are to be released instead of accepting a more standard letter of authority.

Is anyone else having similar difficulties? and if so has anyone come up with a solution?

Steve Connell

Hi

Our local BDC is ok with 'implied consent' but having an argument with Pension Service at present.

I've sent them a copy of the DWP Guide for working with reps:

http://www.dwp.gov.uk/advisers/repsguide.pdf

and am waiting for a response.

Not that I'll get one!

Hi,

We had these problems with our local DWP of sending FOA by fax or post repeatedly but never got logged on their system .

We raised this matter at a DWP meeting and the managers /supervisors compiled a list of all reps /caseworkers from various organisations and handed this to all the telephone advisors.

Everytime we ring without the client present - if the rep is on the list -they disclose the information .

Tahra

I followed the link to the repsguide - www.dwp.gov.uk/advisers/repsguide.pdf - but got Sorry, that page cannot be found ... It may have been moved or deleted as a result of our recent website redesign.
does anyone know where the online copy of the repsguide is now, please?

http://www.dwp.gov.uk/docs/repsguide.pdf

Hi,

Steve - Several of my colleagues and I have been having trouble very recently with express written consent being accepted when requesting documents from Romford JC+. The data protection officer has informed us that he is not going to send us documents, instead he will request consent from the client, then send the requested documents to the client for them to peruse and send on to us the ones they agree to us seeing. They are also giving a 40 day turn around time which is having obvious repercussions in relation to moving the case forward. We have requested copies of the guidance/policy used in making this decision and so far are waiting for a response (one of our clients has advised that it is under s7(3) Data protection Act)... Have you been advised under what rules/guidance they are refusing to provide documents? Have you managed to resolve the issue at all?

Kelly

The data protection act is often mis-quoted by government officials, more often they dont know what their talking about - when dealing with reps and appeals against decisions. All evidence relied upon in their decision should be issued to the rep either when requested or when the appeal docs are issued.

In my mind the data protection officer should not be involved in issuing documents for appealed cases.

I once had a HB appeal in St Helens (approx 2002) where the HB dept refused to send copies of the evidence used, prior to the preparation of the appeal documents and insisted that if I wanted the documents I should apply to the data protection officer with list of documents I wanted and pay an admin charge - it took 2 months and complaints for them to understand they had to issue all the documents requested as part of the appeal procedure.

In the case of documents relevant to an appeal, an alternative approach is to write to the Tribunals Service requesting that the matter be placed before a full-time Judge with a view to issuing of directions requiring production of documents.

I have successfully obtained documents from a LA via this route.

it seems that there is a revised version of the 2007 edition of the Authority to Disclose guidance, which at first glance appears to be a slightly tweaked version of the original....Shawn has put it on the site at

http://www.rightsnet.org.uk/pdfs/Working_with_Reps_609_rev_CRGF.doc

The stuff on security questions is interesting. I get a bit phased being asked about the client's bank acount details....

Yesterday I was asked for the last time my client signed on for JSA... I told them I was the clients legal adviser not his minder and they did not ask me any further questions... it seemed a ridiculous question to ask.

Reps should not be asked the security questions, implicit consent is enough - but this depends on the call centre staff knowing what they are doing, instead of refusing point blank to proved details as requested.

A simple letter of complaint to Customer Services Manager works well in my area, but needs repeating every 6-8 weeks - I have suggested they stick a copy of working with reps and implicit consent on each computer, obviously they use cheap blue tac !

Roger Pugh - DWP Corporate Customer Affairs advised that Mr Deputy Data Protection Officer may be right (although it is very arguable on a number of grounds i.e. that the client has still authorised me to act on his behalf in this matter and that the process is delaying the case and causing hardship ) in treating my request for "copies of the documents used in making the decision dated .... that Mr..... is not entitled to claim JSA s he has failed the RTR test" along with a written authority that states: I authorise the DWP/PS/AS, to supply Howells/CLA with information about my JSA claim including throughout any appeal/revision.

I was advised the signed authority should include specific documents e.g. All Home Office documents relating to Mr....s right to reside...

The solution is at hand. The "wheel of consent" has been seen in use by PS staff. All implied consent issues will cease forthwith!!!!!!

Mike

Can anyone tell me where/if the current 'Working with Representatives' is on the DWP or JC+ website? I've just had a, not unfriendly, chat with JC+ worker who has never heard of implied consent, no change there then, and I told her the guidance was on their website and now I can't find it!

Tony

www.dwp.gov.uk/publications/specialist-guides/

This should do the trick.

I once had a similar chat with same wherein it was revealed that said document was not on their Intranet and they'd been told they couldn't use anything out there on the internet because it was "probably out of date".

The resigned sigh is a feature of being a WRO I find

Mike

Thanks a lot Mike

I'd already looked there and not seen it! I think I must have been looking too quickly - although I do get a bit of snowblindness when l look at these sites with all their options - that and a headache - I feel a sigh coming on

Tony