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ESA, support group and Avanta
Last year a client was moved from IB (20+yrs , severe mental ill-health) and placed in WRAG and immediately required to attend Avanta. We challenged this with great medical evidence from healthcare professionals. She was place in support group.
However, Avanta has continued to contact her regularly via text. She did not tell me this until about a month ago. Anyway contacted JC+ about this and I had a call from the Customer Manager at Avanta who basically said that:
-they have to continue to attempt contact with claimant even tho’ in support group
-the claimant does not have to respond/reply and will not be sanctioned if they ignore contact(glad they realise that!)
- even though this is causing client anxiety (due to mental ill health) they still have to do it.
- they said they can use any tel number to text to….....
- they suggested removing claimants number and using my work mobile instead. We agreed this for the sake of my client.
Has anyone come across this?
Anyone know what is going on?
thanks
Elaine Henderson
There is no mechanism for removing them from the WPP once referred even if they move into the SG. WPP is told to keep contact even though they can’t mandate.
This is harassment and disability discrimination; it is arguably (very probably) unlawful and may be actionable at private law. I have seen similar and would recommend seeking legal advice as the mere whiff of an Employment Tribunal sends Work Programme Providers scurrying for cover in my experience.
Start the ball rolling by ringing ACAS on 0845 4747474 and enquiring about Early Conciliation; it’s a prerequisite to filing at the ET then Civil Legal Advice on 0845 345 4 345.
edit; there is fee remission available at the ET for anyone on a means tested or below an income threshold; don’t let the fees bogeyman put you off; he’s got no teeth a lot of the time!
Thank you for your reply. I will look into this.
Very bad situation for this particular claimant as it is having a detrimental affect on her rather than being helpful.
Many thanks
Elaine
Saw a client yesterday with this very same issue, also with Avanta. Only difference is that she has never been in the WRAG, having been put straight into SG on transfer from IB/IS.
Saw a client yesterday with this very same issue, also with Avanta. Only difference is that she has never been in the WRAG, having been put straight into SG on transfer from IB/IS.
It must be said that I have seen a few IB>SG referrals be invited for an interview with no indication that they are voluntary. Liable to JR as I don’t think the Sec State has authority to contract WFIs out unless it’s for WRA which such interviews possibly aren’t however difficult to get through the door at the High Court.
Not 100% on that mind; I;d need to check whether functions under eg 54 ESA regs can be contracted out and the scope of those functions but worth a thought next time I’ve got my books to hand.
Smart phones (and others) can block numbers nowadays unless it comes up as an “unknown caller” or “no caller ID”. Worth doing this and advising them this has happened. That then leaves them with emailing or snail mail. Makes it even easier to demonstrate a problem.
I have an ongoing complaint to Avanta and DWP about the very same issue ... there was a previous thread on here where there is a link to the Work Provider guidance and some advice about grounds for complaint. My client’s 2 years in WP have now expired.
here’s a link to the previous thread mentioned by Sarah -