explicit consent - DWP response

27 April 2018, 03:34 pm

Peter Turville
forum member

Welfare rights worker - Oxford Community Work Agency

Send message

Total Posts: 1659

Joined: 18 June 2010

following on from the thread https://www.rightsnet.org.uk/forums/viewthread/11063/ the following response has been received.

Note that DWP have not explained why it is considered that the kind of information an advice worker etc. might request under UC falls within Sch. 3 but i.r.o. legacy benefits does not.

I fail to see what the difference is when requesting information / action via legacy benefit contact centres (or DLA/PIP for that matter) compared to doing the same with the UC contact centre.

Perhaps someone out there in DWPland can assist us all by providing an answer?

[ Edited: 27 Apr 2018 at 03:51 pm by Peter Turville ]

File Attachments

180427_explicit_consent.pdf (File Size: 484KB - Downloads: 2623)

3 May 2018, 04:42 pm #1

Peter Turville
forum member

Welfare rights worker - Oxford Community Work Agency

Send message

Total Posts: 1659

Joined: 18 June 2010

I have now been reminded that the Work & Pensions Committee have requested evidence about explicit consent as part of their current enquiry into UC https://www.parliament.uk/business/committees/committees-a-z/commons-select/work-and-pensions-committee/inquiries/parliament-2017/inquiry/

It was also suggested we submit a memo regarding any legal concerns about the explicit consent policy. Unfortunately we are not qualified to make a response re the legality of the policy within the DPA etc.

Has an organisation (NAWRA?) sought / received advice about the legality of the policy (I am aware that the EHRC is taking an interet in this issue).

Is it the case that the policy is lawful within the DPA but a very bad policy for claimants and advisers in practice!?

4 May 2018, 09:49 am #2

Dan_Manville
forum member

Mental health & welfare rights service - Wolverhampton City Council

Send message

Total Posts: 2262

Joined: 15 October 2012

How’s the complaint to the ICO coming along?

Forum feed

Our webtools: