People with LCW being required to attend ’work search review’ appointments

Today I am most annoyed about claimants who are assessed under the WCA as LCW having UC journal entries informing them that they have a ‘Work Search Review’ appointment pending and that this appointment is to ‘discuss whether you are doing everything you can to find work’.

The claimant is not required to find work or carry out work search as they are not well enough, so the wording is totally unacceptable.

Ohhhh, the DWP will say, this is just a light-touch telephone appointment to check in on people and their work-related activity and see if they need any further support or whether there has been any change in their circumstances.

But it’s not worded that way is it?

And that’s before I even start of the content of the claimant commitment which requires people to attend Mind and to attend other medical appointments.  These are health activities which should not be mandated by the DWP as it interferes with the clinical and therapeutic relationships.

I have tweeted Neil Couling to ask his view.

Whilst I would not advise a claimant not to attend, if advising a claimant who had not attended an appointment with that name I think they would have a good case for good reason not to attend.

Neil Couling agrees with me that the wording is inappropriate and has agreed to look into this case.  I have asked him whether this is a ‘Standard Wording’ used on the UC system for all work-focussed interviews or whether there is other wording in the system?

Well Complaints Resolution have replied on behalf of Neil Couling and said the wording is correct because:

“it is intended to make sure we are talking to the claimant about how we can help them, including their preparations for finding a job.  It is not about requiring them to find work but encouraging people to take up work opportunities if they can.  This can often be a good way to build their confidence, well-being and self-esteem.  Universal Credit means you get support for your health condition and help to start work, if it is appropriate for you.”

SarahJBatty - 03 May 2018 03:36 PM

Well Complaints Resolution have replied on behalf of Neil Couling and said the wording is correct because:

“it is intended to make sure we are talking to the claimant about how we can help them, including their preparations for finding a job.  It is not about requiring them to find work but encouraging people to take up work opportunities if they can.  This can often be a good way to build their confidence, well-being and self-esteem.  Universal Credit means you get support for your health condition and help to start work, if it is appropriate for you.”

New slogan - ‘Come and see us and have your confidence and self-esteem increased or WE WILL CRUSH YOU! GNAAAARRRGGGG!!!’

Sarah this might well be harassment under the EQA.

Can I suggest that you speak to the EHRC Legal Support Project about it.

Thanks Dan I was hoping someone might suggest something like that to me.

I will contact EHRC.

Also Mind’s policy team are interested in claimant commitments which, like this one, mandate people to engage with their local Mind, as in Mind’s view and DWP at national policy level agree, this is inappropriate.

Had a swift response from EHRC regarding this with the legal advice that whilst the wording of the UC journal may constitute unwanted conduct and may not reflect the wording of the law, and may cause some upset the distinction in wording is not sufficient to be considered harrassment. 

Unless someone was repeatedly over a period of time asked to attend interviews inappropriately.

I think the wording is incorrect and terminology matters where it does not reflect clear disctinctions within the law, so this is a policy matter.

I’d like to say I’m pursuing this through the complaints procedure ... and have asked my sometime twitter correspondent Mr Couling to be copied in ... but am changing jobs so may not be able to follow up this particular case.