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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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Andyp5 Citizens Advice Bridport & District
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We helped a client on UC submit a SAR after she was found to have LCWRA (client has a PIP appeal, useful source of evidence normally).

Requested info for the period mid April 2019 - end of June 2019 i.e. the latter the date of decision finding she had LCWRA. We submitted the SAR early July 2019 requesting e,g, UC 113, UC 85 and UC 85A etc etc.

Apparently, all that they retained was the UC85A said the ‘Right of Access’ manager.

Response below from DWP cited.

‘The rest of the relevant file is destroyed so is no longer available to send to you. We have been informed that Limited Capability for Work Related Activities (LCWRA) files are destroyed after 28 days’.

Scaremongering aside!

Lovely down here by the seaside!


 

 

CHAC Adviser
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That’ll lead to some fun at Tribunal in the future when they come to put together appeal responses! “We’re unable to provide a copy of the previous decision as this was destroyed after 28 days in line with our policy”.

Benny Fitzpatrick
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Surely this is a gross breach of GDPR?

Andyp5 Citizens Advice Bridport & District
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Benny Fitzpatrick - 01 August 2019 01:42 PM

Surely this is a gross breach of GDPR?

We were intrigued by the response too!

 

Paul_Treloar_AgeUK
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Yes, I agree. one for the ICO perhaps?

Andyp5 Citizens Advice Bridport & District
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Paul_Treloar_AgeUK - 01 August 2019 02:48 PM

Yes, I agree. one for the ICO perhaps?

I would imagine they would be intrigued too?

Andyp5 Citizens Advice Bridport & District
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Thanks for all the replies!

Just chatted to client she is keen to pursue the ICO route, at this stage we have to respond/complain to the DWP, will be interesting to see their response, before going to the ICO.

Meanwhile we will put in a FOI requesting the policy to destroy etc etc.

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! 

 

Andyp5 Citizens Advice Bridport & District
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Andyp5 Citizens Advice Bridport & District - 01 August 2019 11:31 AM

We helped a client on UC submit a SAR after she was found to have LCWRA (client has a PIP appeal, useful source of evidence normally).

Requested info for the period mid April 2019 - end of June 2019 i.e. the latter the date of decision finding she had LCWRA. We submitted the SAR early July 2019 requesting e,g, UC 113, UC 85 and UC 85A etc etc.

Apparently, all that they retained was the UC85A said the ‘Right of Access’ manager.

Response below from DWP cited.

‘The rest of the relevant file is destroyed so is no longer available to send to you. We have been informed that Limited Capability for Work Related Activities (LCWRA) files are destroyed after 28 days’.

Scaremongering aside!

Lovely down here by the seaside!


 

 

I may be wrong but I thought I had read something from the Information Commissioner’s guidance that data that is likely to be required in litigation should be retained for 6 years?

I seem to remember something along these lines in the Employment tribunals. A lot of years ago.

Daphne
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Andyp5 Citizens Advice Bridport & District - 30 August 2019 10:19 AM

FOI response link below

https://www.whatdotheyknow.com/request/limited_capability_for_work_rela?nocache=incoming-1423010#incoming-1423010

Surely those documents are supporting records rather than ephemeral records? So they haven’t even followed their own guidance?

Peter Turville
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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.

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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.

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

Such is my current frustration with DWP that I find myself wishing wholeheartedly that the ICO could in some way be persuaded to be “so minded”, and belligerently so.

Mike Hughes
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It just takes one report.

Andyp5 Citizens Advice Bridport & District
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Daphne - 02 September 2019 09:40 AM
Andyp5 Citizens Advice Bridport & District - 30 August 2019 10:19 AM

FOI response link below

https://www.whatdotheyknow.com/request/limited_capability_for_work_rela?nocache=incoming-1423010#incoming-1423010

Surely those documents are supporting records rather than ephemeral records? So they haven’t even followed their own guidance?

That’s our take on it too Daphne!

We are awaiting a further response from the DWP, part of me wouldn’t be surprised if the UC 85 et al suddenly appeared. 

Funnily enough another client dropped of the contents of a SAR application today and that contained e.g. UC 85.

 

 

Andyp5 Citizens Advice Bridport & District
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WRT Case Worker - 30 August 2019 06:40 PM
Andyp5 Citizens Advice Bridport & District - 01 August 2019 11:31 AM

We helped a client on UC submit a SAR after she was found to have LCWRA (client has a PIP appeal, useful source of evidence normally).

Requested info for the period mid April 2019 - end of June 2019 i.e. the latter the date of decision finding she had LCWRA. We submitted the SAR early July 2019 requesting e,g, UC 113, UC 85 and UC 85A etc etc.

Apparently, all that they retained was the UC85A said the ‘Right of Access’ manager.

Response below from DWP cited.

‘The rest of the relevant file is destroyed so is no longer available to send to you. We have been informed that Limited Capability for Work Related Activities (LCWRA) files are destroyed after 28 days’.

Scaremongering aside!

Lovely down here by the seaside!


 

 

I may be wrong but I thought I had read something from the Information Commissioner’s guidance that data that is likely to be required in litigation should be retained for 6 years?

I seem to remember something along these lines in the Employment tribunals. A lot of years ago.

Thanks for the response, we certainly have to keep stuff for 6 years.