Access to Work - anyone had any success challenging/complaining an outcome?

Hi,

Does anyone have experience with challenging an outcome from the Access to Work scheme?

Basically I am working with a client who has had his initial meeting. The things he requested from the scheme were agreed to in this meeting. However when he got his letter there were things missing that had previously been agreed to (but some things were granted).

He wants to appeal but I believe there is no right of appeal. In that case is making a complaint his only option? 

Basically he is very keen to challenge this as what was agreed to wasn’t then put in place, however he is worried that if he appeals/complains he will lose the things that were granted and have to start all over again which would be very stressful.

Has anyone done a complaint about ATW? Is it likely they will look at the whole thing again and he could lose the things he has been awarded? Can he request another assessment?

Any insight or experiences would be greatly appreciated

Thank you

Hi JAS1

I have only limited experience of ATW but hope this helps…

You can ask for a Reconsideration of the decision within 4 weeks by contacting ATW and asking for the Reconsideration Team. There is a regional email address which should be given on the decision letter or ring 0800 121 7479.

If you haven’t seen the report and decision letter yet try to get hold of them, they will probably explain why some items have not been awarded. Some equipment is deemed to be standard equipment/reasonable adjustment for the employer to provide, ATW will not provide this even if it has recommended it, the employer is expected to pick up the tab. The size, turnover, etc., of the employer may be taken into account in deciding what is reasonable as may what else it has done/provided to accommodate its employee (these were factors in the reconsideration the last time I did one of these).

I don’t think there are formal appeal rights if the reconsideration is refused (except court) but others may know better…

I would guess there is always the risk of losing out as well as winning by asking for a reconsideration but I have not come across this.

Guidance etc., is hard to come by (I never got round to that FOI) but see staff guide on gov.uk https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/541858/access-to-work-staff-guide.pdf and also other guidance at
https://www.whatdotheyknow.com/request/207683/response/514846/attach/3/AtWguidanceV24.pdf
for further info on decision making process

Thanks very much Billy. That’s helpful.

This particular person is going to be self employed. Not sure how that will factor in to things in terms of Equality Act adjustments etc. I will do some reading on their guidance

Cheers

The assessments are largely outsourced and highly variable in terms of competence. They also seem to think they’re tied to aids and appliances provided from a catalogue they drag round with them. If something is more suitable then you generally have to say so and forcefully.

I have repeatedly challenged AtW assessments including my own. Largely it results in either an admission that any omissions were just incompetence, or, a new assessment from a different person or provider. It’s always worth doing though.

It is tedious, onerous and exhausting.

Thanks Mike, glad to hear of your success. Didn’t realise they were outsourced. Never been that involved with one prior to this.

“It is tedious, onerous and exhausting” - thanks for the warning, would I expect anything less with DWP?!