This is an HTML version of an attachment to the Freedom of Information request 'Duty of Care under the Health and Safety at Work Act in the Work Programme work(fare)place'.

 
 
 
DWP Central Freedom of Information Team
Annex A 
 
e-mail: freedom-of-information-re
 
xxxxx@xxx.xxx.xxx.xx
 
Our Ref: VTR198
 
 

DATE 20 April 2012
Annex A 
 
 
 
Dear Mr Travers, 
 
Thank you for your email of 1 April 2012 requesting a review of the Department for Work and 
Pensions (DWP) handling of your Freedom of Information request. 
 
You specifically asked: 
 
Please pass this on to the person who conducts Freedom of Information reviews. 
 
I am writing to request an internal review of Department for Work and Pensions's handling of 
my FOI request 'Duty of Care under the Health and Safety at Work Act in the Work Programme 
work(fare)place'. 
      
You are stating that under health and safety law, "employees" have a duty to take care of their 
own health and safety and that of others who may be affected by what they do, or not do. And 
that they have a duty to co-operate with the employer, as far as possible, to enable the support 
to be provided. 
      
The Health and Safety at Work Act makes no consideration of people with mental and physical 
disabilities being coerced into working unwaged alongside real employees, under threat of the 
benefits they are entitled to being withdrawn should they refuse. It was not designed to take 
into account the situation where a person who considers that he could pose a danger to 
himself and/or others in the workplace is under the threat of having those benefits withdrawn if 
he identifies any potential hazards that could be caused due to his condition, as he is also 
under the threat of this being interpreted as non compliance. Neither is he qualified to assess 
those potential hazards. 
      
This whole system is being botched around legislation which was not designed for this 
purpose. The disincentive of the benefits sanctions is likely to cause the victim to keep quiet 
about the very factors which could threaten the welfare of himself and others in the workplace. 
This is the responsibility of the DWP and it is arguable they are neglecting their duty of care 
towards the vulnerable people which they are forcing into this situation and are attempting to 
shift the responsibility by quoting legislation which was never intended, or designed, for this 
purpose. 
      
Due to my own experience and that of reading your FOI responses to others I have little faith in 
the DWP taking this situation seriously but am requesting this review in the hope that you will 



comply with your duties and also to ensure that a record of these concerns being raised with 
you is recorded in this public archive. 
 
Please be assured that your request has been given our full consideration and that all aspects 
of your review were taken fully into account. The review was conducted by an independent 
official of the Department, of the relevant grade and authority to carry out such requests. The 
case has been examined afresh, and guidance has been sought from domain experts to 
ensure all factors were taken fully into account. 
In our original response we explained that participants involved in any way with Department for 
Work and Pensions (DWP) contracted provision must be treated as employees; that providers 
must comply with their Duty of Care under the Health and Safety at Work Act 1974; and that 
employees, under the same health and safety law, also have a duty to take care of their own 
health and safety and that of others.  
You are aware that the Freedom of Information Act only applies to information held by the 
Department and that the Department is unable, or required, to enter into a debate about the 
design and/or effectiveness of the Health and Safety at Work Act.  
 
Similarly, we cannot say whether any particular set of circumstances would lead to a 
withdrawal of benefits. Providers are able to raise a sanction doubt, for example, if they feel 
that the withholding of information has a potentially negative impact on the participant’s ability 
to remain fully involved with the Work Programme however; any decision to enforce a sanction 
sits with Jobcentre Plus and this decision will only be made after due consideration of all of the 
facts of the case, including all available information and any detail that a participant may 
provide. 
Having concluded my review, I am satisfied that we responded correctly to your original 
request for information. 
You have now exhausted the Departmental internal review process; if you are not content with 
the outcome, the next step is for you to apply directly to the Information Commissioner’s Office 
for a decision. The Information Commissioner can be contacted at: The Information 
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF 
www.ico.gov.uk
 
If you have any queries about this letter please contact me quoting the reference number 
above.   
Yours sincerely,  
 
 
DWP Central FoI Team 
 
 
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Your right to complain under the Freedom of Information Act  
 

If you are not content with the outcome of the internal review you may apply directly to the Information 
Commissioner’s Office for a decision. Generally the Commissioner cannot make a decision unless you have 
exhausted our own complaints procedure. The Information Commissioner can be contacted at: The Information 
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow Cheshire SK9 5AF www.ico.gov.uk