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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

UC ‘Limited Capability for Work Related Activities (LCWRA) files are destroyed after 28 days’

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Dan_Manville
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Andyp5 Citizens Advice Bridport & District - 02 August 2019 01:31 PM

Log incident with CPAG’s EWS online wotsit, a really really user friendly and a great way to contribute and support their amazing work. Here paid or unpaid workers regularly log stuff.

Would really recommend first tier front line advice agencies (like wot we are) take advantage of this wonderful resource!

Especially considering that the usual large scale social policy collator is now likely gagged by thier contractual obligations. I suspect EWS is more important than ever.

Andyp5 Citizens Advice Bridport & District
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Peter Turville - 02 September 2019 09:55 AM

In appeal responses DWP usually state (paper) records are destroyed after 14 months. However they can still produce ‘screen prints’ of IT records going back many years. For example I have a current case where a screen print re ESA back to 2017 has been provided which includes confirmation that claimant was placed in the LCFWRA group.

If they can produce such ‘screen prints’ in a tribunal response I can see no reason why they can’t for a SAR. Of course there is no guarantee they have been retained in every case or they will provide the info. you require.

We do lots of SAR’s because they are good source for finding a plethora of info including medical evidence, particularly contradictory DWP commissioned evidence from contractors i.e. ATOS and Maximus.

Its not uncommon to uncover evidence going back way beyond the 14 months for ESA, DLA, IIDB, IB etc.

Andyp5 Citizens Advice Bridport & District
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CHAC Adviser - 02 September 2019 11:14 AM

I suspect the actual truth is that the DWP don’t have the faintest clue what records they do and do not hold and I dread to think of the state of their archives. I’ve had PIP cases where we’ve requested copies of DLA evidence and for one client they sent me stuff dating back to the late 1970s from the clients claim for Mobility Allowance and in another they couldn’t send me even a scrap of paper for a DLA review from 2012!

If the ICO were so minded I’m sure they could have an absolute field day with the DWPs data handling practices.

I think your right on the first account,as for the second i have my doubts even if the ICO were so minded that the DWP would consistently follow whatever the ICO decreed.

 

Peter Turville
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Andyp5 Citizens Advice Bridport & District - 03 September 2019 12:39 PM

Its not uncommon to uncover evidence going back way beyond the 14 months for ESA, DLA, IIDB, IB etc.

Indeed - the reality is that DWP document storage is chaotic. Bearing in mind that benefits that used to be processed / stored locally have gradually been either destroyed or moved to central storage over many years. If a claimant has been in receipt for many years it is possible the records stored go back a long way.  Other benefits records have always been stored centrally. As far as I am aware DWP document storage is still outsourced. In a life outside of work I know someone who use to be one of the DWP staff responsible for managing the contract - you can imagine the tales .....

It would be interesting to know what the process is for document transfer / storage between DWP and ESA/PIP assessment providers for ESA/UC50’s, 85, or 113 & PA4 for example.

In practice what documentary records are still in storage (and whether DWP / contractor can locate them) is probably a bit of a lottery!

Andyp5 Citizens Advice Bridport & District
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We got a reply from DWP SERVICE PLANNING AND OPTIMISATION forwarding an email they received from DWP OED UC SERVICE DESIGN & TRANSFORMATION.

This is their rationale.

‘The decision was approved last year to treat LCWRA WCA55 files as ephemeral post, meaning they are kept for 28 days following the date of decision and then destroyed.  Although the UC50 and any associated further medical evidence is destroyed, the outcome report is still held and retained on MSRS. 

The reason for this being, LCWRA is the highest award that the claimant can be given, therefore minimum risk of MR/appeal.  The outcome report takes into account what the customer has stated on their UC50 as well as what was discussed during their assessment’.

Peter Turville
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Does this mean, I wonder, if the claimant is only found to have LCFW (or not to have LCFW) all documents are retained and for how long?

This may partially explain (although I suspect not) the DWP practice of only supplying the ESA/UC 85 from previous WCA in an appeal submission (and not including any other documents, without explanation, including the MRN or tribunal decision that overturned the initial decision based on that old 85). Contrast that with DLA/PIP submissions where they regularly supply all of the documents relating to a previous award.

But then we should not expect a consistent policy from DWP!

Andyp5 Citizens Advice Bridport & District
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Peter Turville - 05 September 2019 11:22 AM

Does this mean, I wonder, if the claimant is only found to have LCFW (or not to have LCFW) all documents are retained and for how long?

This may partially explain (although I suspect not) the DWP practice of only supplying the ESA/UC 85 from previous WCA in an appeal submission (and not including any other documents, without explanation, including the MRN or tribunal decision that overturned the initial decision based on that old 85). Contrast that with DLA/PIP submissions where they regularly supply all of the documents relating to a previous award.

But then we should not expect a consistent policy from DWP!

Regardless of the apparent or otherwise rationale/thinking - illogical springs to mind! There is an argument using the DWP’s stance, that UC 85’s and UC 113’s etc should be attached to client’s journals because…...................

It also raises lots of other stuff e.g. client wants to complain about how a Maximus assessment was conducted.

We have replied to the email regarding the forwarded email and added a shameless plagarised a sentence you wrote in earlier post - see below. 

‘What is the process is for document transfer / storage between DWP and UC assessment providers for UC 50’s, UC 85’s, or UC 113’s i.e. do Maximus retain Ms Whitchurch Canonicoriums UC 85’s and UC 113’s?’. 

 

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Extract from ICO

‘Our view

We have considered the information available in relation to this complaint. We are of the view that an infringement of DWP’s Data Protection obligations has not taken place. This is because:

You did receive an appropriate response to your subject access request and further complaint.

From the information provided, DWP have explained that ephemeral post is only kept for 28 days then destroyed, but the outcome report is retained. Claimants are advised to keep original medical evidence and send photocopies to DWP.

GDPR does not specify retention periods that organisations should have. This is for each data controller to set their own retention policy based on how they see fit. DWP have explained their retention of ephemeral post and therefore no data breach has been found in this instance. 

However your complaint will be kept on file and this will help us over time to build a picture of DWP’s information rights practices. We keep a record of all the complaints raised with us about the way organisations process personal information. The information we gather from complaints may form the basis for action in the future where appropriate.

Thank you for bringing this matter to our attention’.