DWP Central Freedom of Information Team
e-mail: [email address].
Our Ref: VTR IR799
Dear C Robinson,
I am writing in response to your review request received on 21 October 2013. An internal
review has been carried out by someone of a senior grade to the person who dealt with your
original request. I am now in a position to respond to you. In your review request you said:
I am writing to request an internal review of Department for Work and Pensions's
handling of my FOI request 'Clause 99 and the Catch 22 situation it puts ESA
Why won’t you tell the truth? That’s all I ask, I don’t mind if you are brutally indifferent, I
just find your lies galling because:
You state that you have Disability Employment Advisors’ that are and I quote: ‘Disability
Employment Advisers, trained by specialist staff from the department’s Disability
Employment Service’ if these specialist staff are trained to the same “high” degree as
your disability analysts’ (AKA ATOS) then God help us all!
You state that: ‘the right safeguards are in place to mitigate the effects you and others
believe will arise’ I do not believe these things will arise I KNOW that they already have
There is a lot of evidence that the NHS is in crisis because of the stress that you are
causing sick & disabled people and your welfare reform has been slammed by the
GMC, disability groups, GPs, local councils’, the police, judges’, MPs: didn’t Dennis
Skinner lash out at the PM about the sad death of David Coupe and many others?
Didn’t Margaret Hodge say the WCA was unfit for purpose? Hasn’t the Tripling in
foodbank usage sparked the Trussell Trust to call for an inquiry? Because over 350,000
people received three days’ emergency food from Trussell Trust foodbanks between
April and September 2013, triple the numbers helped in the same period last year.
In conclusion, hateful indifference I can take, but your lies are exposable.
After reviewing the original response and after careful consideration the Department believes
that it has met its obligations under the Freedom of Information Act in relation to your request.
You original question is based on the premise that there is a middle ground between being
found not to have limited capability for work following an ESA work capability assessment and
being able to meet the conditions for receiving JSA. Decisions made on limited capability for
work following completion of a work capability assessment are binding on decision makers
across the Department. Where an ESA decision maker has decided that a particular claimant
does not have limited capability for work a JSA decision maker cannot subsequently dispute
I should also like to remind you that the Freedom of Information Act is about the supply of
recorded information held only, and is not about entering into a debate. A number of the
questions you pose are purely seeking opinion or attempting to initiate a debate on the merits
of Departmental policy. In view of this the Department is under no obligation to answer, and
may decide not to respond to further FOI Requests on this matter.
If you have any queries about this letter please contact me quoting the reference number
DWP Central FoI Team
Your right to complain under the Freedom of Information Act
If you are not happy with this response you may request an internal review by e-mailing freedom-of-information-
[email address] or by writing to DWP, Central FoI Team, Caxton House, Tothill Street, SW1H 9NA. Any
review request should be submitted within two months of the date of this letter.
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