DWP Central Freedom of Information Team
Annex A
e-mail
: xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx@xxx.xxx.g ov.uk
Our Ref: IR 125
Date: 23 March 2018
Annex A
Dear Mr Zola,
Thank you for your Internal Review request received on 1 Mar 2018. 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:
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 'Consent - Designation Orders (including drafts) specific to the Work and
Health Programme (WHP)'.
For
"Can WHP participants explicitly decline or withdraw consent to allow the DWP and or it's
WHP providers authority/power to request, share and obtain claimant/participant personal data
from/with any Third Party who are not DWP Data Processors, such as an employer without risk
of any financial penalties (sanctions)? "
You have not provided any information.
A full history of my FOI request and all correspondence is available on the Internet at this
address: https://www.whatdotheyknow.com/request/consent_designation_orders_inclu
DWP Response
In response to your request, I can confirm that the handling of your original request and
response has now been appropriately reviewed by someone unconnected with the handling of
your original request.
As a result of this review I can advise that I find the original decision to be correct. Your
request for review is therefore not upheld. The reasoning behind this decision is as follows:
The Work and Health Programme (WHP), in common with other DWP contracted employment
programmes involving mandation, has authority to mandate individuals to activities which
would improve their employment prospects and/or secure employment (links to the relevant
legislation setting out this authority was provided in our response to your Freedom of
Information request reference FoI 23).
Individuals may be asked to share information with prospective employers as part of this
mandated activity and a refusal to do so may indicate a lack of engagement which could lead
to a compliance doubt being raised. However, Providers have clear guidance which explains
that any mandated activity must be reasonable and take into account a participants’
circumstances. Following a compliance doubt referral, DWP will also consider whether a
sanction is appropriate, taking into account the individual circumstances.
The Department relies on S. 21 of the Freedom of Information Act (FOIA) - (Information
accessible to the applicant by other means) and directs you to information that is already in the
public domain.
The Work and Health Programme Provider Guidance can be accessed on gov.uk here:
https://www.gov.uk/government/publications/work-and-health-programme-provider-guidance.
If you have any queries about this letter please contact me quoting the reference number
above.
Yours sincerely,
DWP Strategy 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. General y 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