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Inappropriate commitments: “your claim has just opened, weekly appointments must be conducted”
Hello,
I recently supported one of our clients to claim UC having been granted leave as a survivor of trafficking. A fit note was submitted at the point of claiming (end of March) and expired on 17/06 (he is calling his GP to get a new one).
Unfortunately, I guess due to luck of the draw in terms of work coaches, he has been stuck with seemingly the maximum amount (in terms of hours etc.) of commitments for someone actively committed to looking for work (which he is not, due to his severe mental health symptoms). I have kept requesting a revision of commitments, and most recently, they were reduced from 35 hours pw looking for work or WRA to 10 hours per week. However, the issue for our client is that he keeps having to attend weekly meetings.
Most recently, UC responded at the end of May saying:
“With the frequency of the appointments, this can be alternated between face to face and phone appointments. Hopefully this will help to alleviate some of the stress of the frequency. Your claim has just opened, weekly appointments must be conducted.”
I don’t see that this can be true, it’s just that they have decided that he has to have weekly appointments. I have lots of other clients in similar positions, waiting for a decision on their LCW/RA, who have not been put in whatever group means that you have to go to the Jobcentre all the time. We have helped him to complete the UC50 questionnaire, sent to CHDA on 19/05 and are now waiting on him having a work capability assessment/decision on the papers.
It’s now at the point where he quite urgently wants to withdraw his claim (despite then having no other income and not being able to work at the moment), though I have strongly encouraged that perhaps I could submit a complaint to UC and/or write to his MP (any other escalation routes gratefully considered!).
Might want to refer to https://data.parliament.uk/DepositedPapers/Files/DEP2022-0452/176-Work_related_requirements-ongoing_contact-health_journey_V21.0.pdf
Ultimately it comes down to Work Coach discretion. but they are supposed to be reasonable.
We are starting to get complaints of Ukrainian refugees being pestered to attend weekly meetings and talk about work even when suffering from the pretty obvious effects of having to flee a war. DWP has conceded that ‘if someone is traumatised’ they will ease the requirements.
‘If’???? I’d imagine those who aren’t are the exception.
I wonder how much Work Coach discretion there really is, and how much the coaches are being pressured from above. There remains an odd ‘work is the answer to everything’ culture ingrained in DWP and a total failure to recognise where this is inappropriate.
A few things I don’t get is why these appointments have to be weekly (even fortnightly / monthly would be more tolerable than what our client is experiencing at the moment), as literally nothing I can find online mentions a requirement (as the Jobcentre assert in this case) for the meetings to be weekly, and why there isn’t guidance about the different types of groups people are placed in.
The document posted above says: If a claimant reports a health condition, self certificates and then supplies medical evidence, the frequency and means of contact can be adjusted to take their condition into account. The method and time of contact must be the most appropriate to support the claimant where needed, or to check progress on activities. Contact can be face-to-face, through the claimant’s online account or by telephone.”
The DWP’s website states re: conditionality: “Conditionality is a term used to describe what group of conditions you will have to meet based on your capabilities and circumstances. Each eligible adult will fall into one of four conditionality groups:
All work-related requirements
You have to do all you can to find a job or earn more. This includes looking for jobs, applying for jobs and going to interviews.
Work-focused interview and work preparation requirements only
You have to phone work coach regularly and also prepare for work. This includes things like writing a CV and going on training or work experience.
Work-focused interview requirements only
You have to go to regular meetings with your work coach.
No work-related activity requirements
You don’t have to do anything to prepare or look for work”
Do you have a contact with your local JCP partnership manager? If so this case would be well worth raising with them.
As someone posted above, this is where it comes down to the ‘discretion’ of the work coach - or rather the pressure under which they may be put by their superiors (unless anyone can point to a legislation change which I have missed regarding frequency of appointments - it’s a matter of policy and practice, not law).
If the client is happy to disclose their status as a victim of trafficking I would be advocating for no work search for a period of 3 months and monthly phone appts as a reasonable adjustment due to mental health under the Equality Act 2010 and ask them to be marked as complex and vulnerable, with a complaint and flag to MP if not followed through. It’s extra work but if the alternative is the client is withdrawing their claim & being destitute, it will be worth doing.
Also, if as part of their trafficking they were subject to domestic violence, don’t forget the domestic violence concession which protects from conditionality for 13 or 26 weeks -
https://www.legislation.gov.uk/uksi/2013/376/regulation/98
The conditionality is really ramping up indiscriminately at the moment, with little regard for claimant circs - I was told on the phone by a JCP manager when I pointed out my client can’t attend pm appts due to collecting children from school “customers should be making childcare arrangement to attend the jobcentre” (absolutely not true, and practically and financially impossible for my client). We are seeing sanctions on the rise.
Thank you! We support people all across London so don’t have any particular Jobcentre that clients go to, but I’ve just found the North London district manager contact, so will give him a go…
Frustratingly the Jobcentre are well aware that he is a survivor of trafficking, it’s literally the basis for his leave to remain at the moment, and I submitted a letter re: severe mental health issues also. Will ask re: flagging of complex and vulnerable, and really hoping the client lets me write a complaint and flagging to his MP before potentially withdrawing the claim altogether!
Thanks so much everyone 😊
Thank you! We support people all across London so don’t have any particular Jobcentre that clients go to, but I’ve just found the North London district manager contact, so will give him a go…
Hiya Zoe
Are you not on the escalation points distribution list? If you were you’d have a list of all your local partnership managers.
Thank you! We support people all across London so don’t have any particular Jobcentre that clients go to, but I’ve just found the North London district manager contact, so will give him a go…
Hiya Zoe
Are you not on the escalation points distribution list? If you were you’d have a list of all your local partnership managers.
I am not on the escalations points distribution list (for Jobcentres - only the Home Office!); how do I…get on this list?!
I would email my complaint to the appropriate Service Leader -
District Service Leaders Email address
South London Dave Keogh .(JavaScript must be enabled to view this email address)
West London Anu Bilon .(JavaScript must be enabled to view this email address)
North London Theresa Wootten .(JavaScript must be enabled to view this email address)
East London Rizwan Ahmad .(JavaScript must be enabled to view this email address)
Essex Dave Cope .(JavaScript must be enabled to view this email address)
Thank you! We support people all across London so don’t have any particular Jobcentre that clients go to, but I’ve just found the North London district manager contact, so will give him a go…
Hiya Zoe
Are you not on the escalation points distribution list? If you were you’d have a list of all your local partnership managers.
I am not on the escalations points distribution list (for Jobcentres - only the Home Office!); how do I…get on this list?!
I’ll put you on and send you the most recent one :)