more re implicit consent in this month's touchbase ....

'DWP is committed to working with customers’ representatives, and to providing them with the right information to enable them to advise their clients. At the same time, we must guard against the wrongful disclosure of information.

We hold some of the largest databases in Europe and are a target for bogus callers. Every day, we receive calls from people claiming to be customers, friends of customers, and even representatives, attempting to obtain information about our customers for their own gain.

We have a duty to protect customer information, which we take very seriously as there can be grave consequences for customers should their information be given to a bogus caller.

It is very important that our staff are vigilant and do not disclose information incorrectly. If you call one of our offices or helplines to ask for information about your client, you should expect to be asked if you have their written authority for the release of that information. Or, if your client is there, to confirm that he or she is happy for us to give the information to you.

If neither of these applies, staff should seek to establish that you have the ‘implicit consent’ of our customer to make enquiries on their behalf. To establish implicit consent, you can expect our staff to ask you questions to find out what you already know about our customer’s circumstances and their benefit claims. Your knowledge of their benefit history, together with the questions you ask us, should enable them to decide whether your enquiries are consistent with the role of a representative.

When we speak directly to a customer, we ask security questions to establish that the person we are talking to is who they say they are. When we talk to representatives, we know that they will not routinely have the sort of personal information needed to answer security questions, so the implicit consent questions take the place of security questions.

The process of establishing implicit consent is not easy as it is not a mechanical process. It requires experience and judgement from staff – and there are grey areas.

If in doubt, staff must refuse to disclose information without proper written authority. Sometimes the issue can be clouded, on both sides, by previous bad experiences. We know that there have been problems in the past and ask for your understanding of the conflicting priorities our staff face.

If you feel you are unreasonably denied access to the information you need to help your client, ask to speak to a team leader or manager. If you have continuing problems, please try to resolve them at local level first – your Jobcentre Plus External Relations Manager, Pensions Liaison Manager or, in the Disability & Carers Service, Customer Service Manager can help.

Finally, if you have an ongoing problem you cannot resolve through these channels, please contact roger.pugh.'