[Solved] Jobcentre complaint 1 :Failure to carry out due process leading to hardship  

 

dboy
 dboy
Member Admin
Joined: 10 months  ago
Posts: 174
26/06/2018 6:00 pm  

This is a overview of my first complaint to the Jobcentre/DWP

Dear MP

I am writing to ask for your help.

I hand delivered a JSA28 form (sickness) Monday 14/05/2018 at the job centre, it was taken from me by a member of staff who opened up the letter walked me over to a terminal, checked my records and noted I had not been ill for over a year said everything was fine they will send it off.


I was due to sign on the following day Tuesday 15/05/2018.

Friday 18/05/2018 would be the date the money would usually appear in my account but it never arrived. So I rang the job seeker helpline.

09:00am Rang free phone put on hold

09:45am Phone Answered was told no form received nothing on screen will contact Caerphilly and they have 3 hours to get back in touch with me and would be no later than 1:00pm.

13:00 pm no phone call waited until 1:30pm

  • 13:30 I rang back put on hold.

     

    14:35 They answered got back in touch with Caerphilly told it was on their desk and would get a call back within next half an hour.

15:30 Still no call back

15:45 rang DWP

16:20 Phone answered chap said would get in touch with Caerphilly again put me on hold

16:30 They disconnected my call.

I expected a call back, but no call was received.

16:45 Again rang back DWP put on hold.

18:00 No answer gave up 

18:45  I finally received a call from my local office apologised for the missing form. I have been classed as failed to attend needed to go in Monday to fill in new form or my claim would be closed.

The correct process is as follows:

Action to take on receipt of the completed JSA28  
Once form JSA28 has been issued to the claimant it should be completed and 
returned as soon as possible to avoid delay in payment.  
On receipt of the completed JSA28: 
   Check: 
o  the dates of sickness 
o  whether the claimant has had a prior claim to SSP within eight 
weeks of the first date of sickness declared  
o  whether the period of sickness is for 14 days or less  
o  whether the claimant has declared any previous periods of 
sickness in the JSP or last 12 months  
o  if there has been an EPS  in the last 12 months  
o  that the claimant has given specific information about their 
illness, saying ‘not well’ or ’ill’ is not sufficient 
o  annotate the JSA28 “SPS” (1st or 2nd period) as appropriate  
  Beginning the note with SPS record the following in LMS 
Conversations: 
o  the start date of the sickness  
o  the end date of the sickness if known  
o  any details given about the sickness 
Claimant can be treated as capable of work 
If the claimant is declaring their first or second period of sickness, and the 
Jobcentre can treat the period as straightforward, they should input dialogue 
JA470 into JSAPS to pay the claimant, and then send the completed JSA28 
to the Benefit Centre (BC). 
Form ES673 should be completed and attached to the LMU, if this has not 
already been done, to show the claimant has been treated as available and 
ASE. 
The claimant can be excused attendance if they notify sickness on or before 
their attendance day
.  

https://www.whatdotheyknow.com/request/348507/response/850648/attach/html/3/5a.LMI%20TAAS%2029.07.016.pdf.html

The manager whose name was I think was X said to come in Monday morning and fill in another form. I explained I was ill not eaten for 2 days no savings or other forms of income and adding a further 2 days to the wait due to a clerical error and then faced with a 6 mile walk surely the could do something but no his hands were tied (apparently) nothing he could do until form filled in Monday.

So unwillingly, I had no choice but to wait until Monday, he said he would be in the office from 9:30 onwards and ask for him by name and he would have a chat about the issues I raised.

On Monday 21/05/2018 I arrived at the job centre and the same person who took the form was at the front desk.

I explained why I was there and asked if they remembered taking the form from me, they told me that they would not have took the form from me I would have to had handed it in to my work coach.

This was clearly wrong and so I had to jog their memory about the conversation we had when they mentioned they had the same illness recently and lost 7lb in weight, another colleague remarked at the time it was a good way to lose weight. 

They then remembered me. 

So with that now established there would be no doubt if I did hand the form in and asked to see the manager.

“I am the manager, the person you spoke to is not in today.”

They then went over to the terminal tapped away and then said with some relish “You have failed to attend that is why your money never went in!”

I explained that was why I handed in the form to prevent failing to attend, I notified them in good time, it was not my fault that a clerical error had occurred.

It was then that the penny finally dropped and they said “oh yes, I remember I put it in the bag, my mistake sorry”.

This did not make sense to me but I was not in the mood to question them further if they were indeed a manager I would hardly expect them to reprimand themselves.

I explained I was facing another long walk back, hungry and only just recovering and could they give me a time frame when they will input the form as I know it only takes 2 hours for a direct payment to go through and I could wait in town until it went into my bank.

“It will be around 5 o’clock” but rather than argue I just asked them to confirm when will they update the system and was not helpful at all just kept repeating 5 O’clock, I had to ask 3 times and refused to leave until I was sure they had updated the system and begrudgingly swung the screen around to show me.

I asked to prevent future occurrences could I scan and Email forms so I have peace of mind and proof of sending, but was told no it is not possible to do that.

 

The points I would addressing are as follows:

 

1.Why did it take from 9:00 till 6:30 in the evening to get a reply leaving me with no money over the weekend.

2.I had to walk 8 miles in total to get to the job centre and back and was offered no help or assistance even though they were aware I was recovering from diarrhoea and sickness and not eaten for 4 days and no one seemed or was unable to override the system.


3.It would have been more humane to accept my position and make the payment then follow up with paperwork.

 

I hand deliver to prevent the worry of mail getting lost in the post. This was process failure, but what is more worrying is, that it was a manager who took the form from me. It is also concerning to learn that if I had been recorded failed to attend and I had assumed my payment was just delayed and not got in touch at the earliest opportunity then my claim would have been closed.

I am unable to afford to send mail signed and I am very concerned that this may occur again in the future.

I have asked for proof of receipt when I hand deliver but they refuse to provide anything.

I have also asked if I can scan and Email forms, but was told no.

I am also concerned that a form with my personal details has gone missing.

 
There is a also a note on my records that I failed to attend.

I hope you agree me with me that this is not acceptable and a solution needs to be forthcoming to prevent further instances.

I would be obliged if you can take this case up on my behalf, so that some answers can be found and a resolution to prevent this happening again.

If you need any additional information please feel free to contact me using this Email address.

 

 
Yours sincerely,
I sent this Email directly to ask my MP to deal with the matter on my behalf.
Some 26 day later I received a reply from the DWP.
 
Basically it just said they will ensure I get a compliment slip if asked next time I hand in a form.
 
I was not happy with the reply and sent another Email to my MP.
Dear MP

I am wholly unsatisfied with the response I received from the DWP in relation to my compliant.

They completely ignored the fact I was on the phone from 9:00AM-6:45PM was without food for 3 days and had to walk 8 miles to collect my money.

Do you have a copy of the response at all ?

Finally it says please do not hesitate to contact me regarding this issue but leaves no contact details.

This is not good enough may I ask your thoughts on the matter.

Some 7 days later I have yet to receive a response from my MP

.

Practising Anarchist, Pacifist and Minimalist.


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dboy
 dboy
Member Admin
Joined: 10 months  ago
Posts: 174
21/07/2018 2:32 pm  

Finally got a reply, still no real apology but awarded me £25 for financial redress so small boom but a boom non the less.

Practising Anarchist, Pacifist and Minimalist.


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