Hi,

I have been having difficulties in claiming a crisis loan for clients as the phone line is getting extremely difficult to get through on.

I rang the local job centre to ask for a face to face interview as my client speaks little English. The manager of the job centre refused to give an interview.

Does anyone have any advice on the best way to deal with this - I want to complain but wonder about the most effective way of doing it - with the hope that next time they won't refuse a face to face interview.

Cheers

Stuart

A few thoughts about ways to challenge this:

1. There may be an implied public law duty to provide an interview when someone can't use the normal telephone based claims route.

2. The law does not prescribe that a claim for a discretionary SF payment must be done by phone (see p 492 CPAG Handbook)

3. DWP's (very good) policy "Providing Interpreting Services for our Customers" states that face-to-face interpreting services should be used (with the interpreter provided or funded by DWP) unless there is an immediate need to use a telephone-based interpreting service. Either way, insisting that someone whose first language is not English uses the standard telephone claims process breaches that policy.

Consider the possibility of judicial review, not just a formal complaint (which they may take ages to reply to and/or "not receive").

Hope this helps.

This scenario should not be happening - the regulations governing the right to make a clerical claim at a local office have not changed - just quietly forgotten .....The local office cannot refuse a face to face claim especially where there are language problems - in those cases they should be making an appointment for the client and be making arrangements to provide interpreter services. Below is a guidance issued to local office Managers in 2006, together with an extract from the internal JCP guidance on the same subject.


Extract from Jobcentre Managers’ Update, May 2006

“Clerical Claims Process – JCP Standard Operating Model

Customers should always be encouraged to make new and repeat claims via the Contact Centres where possible. This will ensure that we have all the necessary information and can properly assess benefit eligibility and minimise unnecessary delays.

However, regulations give the customer the choice on how they make their claim and this means we MUST NOT refuse clerical claim forms.

If a customer is unable to use the telephone for whatever reason, they can arrange for a third party/nominated advocate to do this on their behalf. Where this is not an option, a customer can make their claim using clerical claim forms and if appropriate have a face to face interview.

Work on a standard process for dealing with clerical claims is nearing completion. Meanwhile, please ensure that clerical claim forms are not being refused.”


This is on the Jobcentre Plus intranet site, under M (Managers’ Update) on the A-Z.


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Extract from JCP internal guidance relatinmg to requests for F2F interviews at local offices....

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Customer or Representative Requests CCF at Jobcentre

12. Jobcentre staff should explain the Jobcentre Plus preferred method of conducting our business by phone. If the customer agrees give them the Contact Centre details.
13. If the customer or representative states that they still want a CCF then Jobcentre staff should then establish reasons for the request. Potential reasons that could be identified and therefore could be dealt with by the normal SOM process are

•Language Barriers:
Follow the process for communication difficulties in the SOM http://intralink/corp/toolbox/is_abm/som/diagrams/cms/process/70/l13/Normal_1.gif

•Speech or Hearing difficulties:

Offer the customer or representative a F2F FCO interview. If accepted arrange F2F FCO appointment.
Offer customer or representative access to text phone if appropriate. If accepted give text phone details.
Note: This list is not exhaustive
14. If after all other options have been considered the customer or representative still requests a CCF the Jobcentre staff will explain the advantages of using CMS to establish any benefits that the customer may be entitled to by reading the script at Annex A to the customer..
15. If the customer or representative agrees to use CMS give them the Contact Centre details.
16. If the customer or representative still insists on a CCF then the Jobcentre staff should take basic details and arrange for the customer or representative to be given an appointment to see the F2F FCO. If possible this should be arranged for the same day.
17. The F2F FCO will interview the customer or representative and
• Establish Benefits using toolkit provided. Annex B Check with the customer or representative if they wish to claim any other benefit. They may also request another benefit and should be issued with whichever form they require
• CSA interest will be identified at either the FA interview or the BDC
• Once benefit is established check with customer if they have claimed the same benefit within the last 12 weeks. If they state they have check dates on heritage system and if dates are within 12 weeks and there has been no change in circumstances a Rapid Reclaim form is appropriate
• If JSA is the benefit established check if Joint claim appropriate using Annex D
• Gather Information Regarding Tax Credit New Claim or Change of Information on an Existing Claim Where Appropriate New Tax Credit Handbook - paragraph 3040 & 6000

Thanks for this

Cheers

Stuart