Health and Work Conversation - Regulations & Tailoring

The request was successful.

Dear Department for Work and Pensions,

The DWP has previously described the new Health and Work Conversation (“HWC”) as follows:

“The Health and Work Conversation is a conversation rather than a tool. The conversation will consist of the following principal elements:
• An opportunity for the Work Coach to get to know individuals, to build rapport and trust, and to understand more about the individual as a whole person: their background and the things that really matter to them in their lives.
• A goal-setting exercise, in which the individual chooses a short-term personal goal and works with the Work Coach to plan steps to achieve their goal. This goal can be related to health or work, but does not need to be about either of these. Individuals will identify ways to overcome possible obstacles they face in their everyday lives, to increase their motivation and build resilience. Work Coaches will use discretion throughout to ensure that these exercises are used only where circumstances are appropriate.
• The HWC will be followed by an action planning exercise, in which the Work Coach and individual will work together to devise a Claimant Commitment once it is introduced.
• The work coach will inform the claimant about the support available to help them to improve their situation.”

It has also confirmed that the HWC is a work-focused interview (“WFI”).

The Welfare Reform Act 2007 states that a
“ “work-focused interview” means an interview by the Secretary of State conducted for such purposes connected with getting the person interviewed into work, or keeping him in work, as may be prescribed.”

ESA Regulations 2008 Regulation 55 prescribes a WFI as:
“The purposes of a work-focused interview are any or all of the following—
(a) assessing the claimant’s prospects for remaining in or obtaining work;
(b) assisting or encouraging the claimant to remain in or obtain work;
(c) identifying activities that the claimant may undertake that will make remaining in or obtaining work more likely;
(d) identifying training, educational or rehabilitation opportunities for the claimant which may make it more likely that the claimant will remain in or obtain work or be able to do so;
(e) identifying current or future work opportunities, including self-employment opportunities, for the claimant, that are relevant to the claimant’s needs and abilities.”

It is difficult to reconcile the legal definition of a WFI with the proposed HWC. There does not appear to be any prescribed powers for the Secretary of State to require an ESA claimant to discuss their health or set health related goals with a work coach at a WFI.

RFI1: Please direct me to the legislation prescribing powers to the Secretary of State that requires the ESA claimant at the HWC or any other WFI to discuss their health and set health related goals. I note that the Department has already stated that people will not be expected to disclose sensitive personal health data as part of the Health and Work Conversation but this is a specific request about information held (or I can be directed to) not the Department’s opinion.

The potential risk to ESA claimants is considerable as during the assessment phase that the DWP is proposing the HWC take place it is likely that for many claimants they won’t have a formal diagnosis, won’t have been seen by specialist (i.e Consultant) and won’t have been assessed by an approved healthcare professional to assess their fitness for work. The Department will be aware that is a mandatory requirement that any work-related activity (i.e. the outcome of a WFI) must be tailored appropriately to help prepare for work the claimant can do whilst managing their health condition and/or disability at work. No doubt the Department will be aware that unless it can demonstrate that it is meeting all the requirements of WFI for the HWC work coaches will be acting outside of the Secretary of State’s prescribed powers (i.e. unlawfully) and the HWC will cease to be mandatory.

RFI2: How will the work coach meet the mandatory requirement to tailor the output of the HWC to the claimant given they can’t compel them to discuss their health and will not have the result of a work capability assessment? (Even if claimants voluntarily discuss their health, work coaches are not qualified to know what are suitable activities for specific claimants based on medical information. That is normally the role of occupational health doctors or guidance from approved healthcare professionals). Whilst this is framed as a question it is reasonable to assume that the DWP has thought this through prior to announcing the introduction of the HWC and holds such information.

Yours faithfully,

John Slater

DWP freedom-of-information-requests, Department for Work and Pensions

This is an automated confirmation that your request for information has
been accepted by the DWP FoI mailbox.
 
By the next working day your request will be forwarded to the relevant
information owner within the Department who will respond to you direct. 
 
If your email is a Freedom of Information request you can normally
expect a response within 20 working days.
 
Should you have any further queries in connection with this request do
please contact us.
 
For further information on the Freedom of Information Act within DWP
please click on the link below.
 
[1]http://www.dwp.gov.uk/freedom-of-informa...
 

**********************************************************************

This document is strictly confidential and is intended only for use by the
addressee.

If you are not the intended recipient any disclosure, copying,
distribution

or other action taken in reliance of the information contained in this
email is strictly prohibited.
 
Any views expressed by the sender of this message are not necessarily
those of the Department

for Work and Pensions.

If you have received this transmission in error please tell us and then
permanently delete

what you have received.

This email was scanned for viruses by the Department for Work and Pensions
antivirus services and was found to be virus free.

Please note: Incoming and outgoing email messages are routinely monitored
for compliance

with our policy on the use of electronic communications.

**********************************************************************

References

Visible links
1. http://www.dwp.gov.uk/freedom-of-informa...

hide quoted sections

DWP Strategy Freedom of Information, Department for Work and Pensions

Thank you for your Freedom of Information request.

FoI Reference: 1331

You can expect a reply by 28th April 2017 unless we need to come back to you to clarify your request or the balance of the public interest test needs to be considered.

If you have any queries about this letter please contact us quoting the reference number above.

Yours sincerely

DWP Strategy 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 [DWP request email] 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. Please remember to quote the reference number above in any future communications.

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.org.uk/Global/contact_us or telephone 0303 123 1113 or 01625 545745

-----Original Message-----
From: John Slater [mailto:[FOI #398073 email]]
Sent: 29 March 2017 14:33
To: DWP freedom-of-information-requests
Subject: Freedom of Information request - Health and Work Conversation - Regulations & Tailoring

Dear Department for Work and Pensions,

The DWP has previously described the new Health and Work Conversation (“HWC”) as follows:

“The Health and Work Conversation is a conversation rather than a tool. The conversation will consist of the following principal elements:
• An opportunity for the Work Coach to get to know individuals, to build rapport and trust, and to understand more about the individual as a whole person: their background and the things that really matter to them in their lives.
• A goal-setting exercise, in which the individual chooses a short-term personal goal and works with the Work Coach to plan steps to achieve their goal. This goal can be related to health or work, but does not need to be about either of these. Individuals will identify ways to overcome possible obstacles they face in their everyday lives, to increase their motivation and build resilience. Work Coaches will use discretion throughout to ensure that these exercises are used only where circumstances are appropriate.
• The HWC will be followed by an action planning exercise, in which the Work Coach and individual will work together to devise a Claimant Commitment once it is introduced.
• The work coach will inform the claimant about the support available to help them to improve their situation.”

It has also confirmed that the HWC is a work-focused interview (“WFI”).

The Welfare Reform Act 2007 states that a “ “work-focused interview” means an interview by the Secretary of State conducted for such purposes connected with getting the person interviewed into work, or keeping him in work, as may be prescribed.”

ESA Regulations 2008 Regulation 55 prescribes a WFI as:
“The purposes of a work-focused interview are any or all of the following—
(a) assessing the claimant’s prospects for remaining in or obtaining work;
(b) assisting or encouraging the claimant to remain in or obtain work;
(c) identifying activities that the claimant may undertake that will make remaining in or obtaining work more likely;
(d) identifying training, educational or rehabilitation opportunities for the claimant which may make it more likely that the claimant will remain in or obtain work or be able to do so;
(e) identifying current or future work opportunities, including self-employment opportunities, for the claimant, that are relevant to the claimant’s needs and abilities.”

It is difficult to reconcile the legal definition of a WFI with the proposed HWC. There does not appear to be any prescribed powers for the Secretary of State to require an ESA claimant to discuss their health or set health related goals with a work coach at a WFI.

RFI1: Please direct me to the legislation prescribing powers to the Secretary of State that requires the ESA claimant at the HWC or any other WFI to discuss their health and set health related goals. I note that the Department has already stated that people will not be expected to disclose sensitive personal health data as part of the Health and Work Conversation but this is a specific request about information held (or I can be directed to) not the Department’s opinion.

The potential risk to ESA claimants is considerable as during the assessment phase that the DWP is proposing the HWC take place it is likely that for many claimants they won’t have a formal diagnosis, won’t have been seen by specialist (i.e Consultant) and won’t have been assessed by an approved healthcare professional to assess their fitness for work. The Department will be aware that is a mandatory requirement that any work-related activity (i.e. the outcome of a WFI) must be tailored appropriately to help prepare for work the claimant can do whilst managing their health condition and/or disability at work. No doubt the Department will be aware that unless it can demonstrate that it is meeting all the requirements of WFI for the HWC work coaches will be acting outside of the Secretary of State’s prescribed powers (i.e. unlawfully) and the HWC will cease to be mandatory.

RFI2: How will the work coach meet the mandatory requirement to tailor the output of the HWC to the claimant given they can’t compel them to discuss their health and will not have the result of a work capability assessment? (Even if claimants voluntarily discuss their health, work coaches are not qualified to know what are suitable activities for specific claimants based on medical information. That is normally the role of occupational health doctors or guidance from approved healthcare professionals). Whilst this is framed as a question it is reasonable to assume that the DWP has thought this through prior to announcing the introduction of the HWC and holds such information.

Yours faithfully,

John Slater

-------------------------------------------------------------------

Please use this email address for all replies to this request:
[FOI #398073 email]

Is [DWP request email] the wrong address for Freedom of Information requests to Department for Work and Pensions? If so, please contact us using this form:
https://www.whatdotheyknow.com/change_re...

Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://www.whatdotheyknow.com/help/offi...

For more detailed guidance on safely disclosing information, read the latest advice from the ICO:
https://www.whatdotheyknow.com/help/ico-...

If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

**********************************************************************

This document is strictly confidential and is intended only for use by the addressee.

If you are not the intended recipient any disclosure, copying, distribution

or other action taken in reliance of the information contained in this email is strictly prohibited.

Any views expressed by the sender of this message are not necessarily those of the Department

for Work and Pensions.

If you have received this transmission in error please tell us and then permanently delete

what you have received.

This email was scanned for viruses by the Department for Work and Pensions antivirus services and was found to be virus free.

Please note: Incoming and outgoing email messages are routinely monitored for compliance

with our policy on the use of electronic communications.

**********************************************************************

hide quoted sections

DWP Strategy Freedom of Information, Department for Work and Pensions

1 Attachment

 

 

Please see the attached reply to your Freedom of Information request.

 

 

Yours sincerely

 

DWP Strategy FoI Team

 

 

 

-----Original Message-----
From: John Slater [mailto:[FOI #398073 email]]
Sent: 29 March 2017 14:33
To: DWP freedom-of-information-requests
Subject: Freedom of Information request - Health and Work Conversation -
Regulations & Tailoring

 

Dear Department for Work and Pensions,

 

The DWP has previously described the new Health and Work Conversation
(“HWC”) as follows:

 

“The Health and Work Conversation is a conversation rather than a tool.
The conversation will consist of the following principal elements:

• An opportunity for the Work Coach to get to know individuals, to build
rapport and trust, and to understand more about the individual as a whole
person: their background and the things that really matter to them in
their lives.

• A goal-setting exercise, in which the individual chooses a short-term
personal goal and works with the Work Coach to plan steps to achieve their
goal. This goal can be related to health or work, but does not need to be
about either of these. Individuals will identify ways to overcome possible
obstacles they face in their everyday lives, to increase their motivation
and build resilience. Work Coaches will use discretion throughout to
ensure that these exercises are used only where circumstances are
appropriate.

• The HWC will be followed by an action planning exercise, in which the
Work Coach and individual will work together to devise a Claimant
Commitment once it is introduced.

• The work coach will inform the claimant about the support available to
help them to improve their situation.”

 

It has also confirmed that the HWC is a work-focused interview (“WFI”).

 

The Welfare Reform Act 2007 states that a “ “work-focused interview” means
an interview by the Secretary of State conducted for such purposes
connected with getting the person interviewed into work, or keeping him in
work, as may be prescribed.”

 

ESA Regulations 2008 Regulation 55 prescribes a WFI as:

“The purposes of a work-focused interview are any or all of the following—

(a) assessing the claimant’s prospects for remaining in or obtaining work;

(b) assisting or encouraging the claimant to remain in or obtain work;

(c) identifying activities that the claimant may undertake that will make
remaining in or obtaining work more likely;

(d) identifying training, educational or rehabilitation opportunities for
the claimant which may make it more likely that the claimant will remain
in or obtain work or be able to do so;

(e) identifying current or future work opportunities, including
self-employment opportunities, for the claimant, that are relevant to the
claimant’s needs and abilities.”

 

It is difficult to reconcile the legal definition of a WFI with the
proposed HWC. There does not appear to be any prescribed powers for the
Secretary of State to require an ESA claimant to discuss their health or
set health related goals with a work coach at a WFI.

 

RFI1: Please direct me to the legislation prescribing powers to the
Secretary of State that requires the ESA claimant at the HWC or any other
WFI to discuss their health and set health related goals. I note that the
Department has already stated that people will not be expected to disclose
sensitive personal health data as part of the Health and Work Conversation
but this is a specific request about information held (or I can be
directed to) not the Department’s opinion.

 

The potential risk to ESA claimants is considerable as during the
assessment phase that the DWP is proposing the HWC take place it is likely
that for many claimants they won’t have a formal diagnosis, won’t have
been seen by specialist (i.e Consultant) and won’t have been assessed by
an approved healthcare professional to assess their fitness for work. The
Department will be aware that is a mandatory requirement that any
work-related activity (i.e. the outcome of a WFI) must be tailored
appropriately to help prepare for work the claimant can do whilst managing
their health condition and/or disability at work. No doubt the Department
will be aware that unless it can demonstrate that it is meeting all the
requirements of WFI for the HWC work coaches will be acting outside of the
Secretary of State’s prescribed powers (i.e. unlawfully) and the HWC will
cease to be mandatory.

 

RFI2: How will the work coach meet the mandatory requirement to tailor the
output of the HWC to the claimant given they can’t compel them to discuss
their health and will not have the result of a work capability assessment?
(Even if claimants voluntarily discuss their health, work coaches are not
qualified to know what are suitable activities for specific claimants
based on medical information. That is normally the role of occupational
health doctors or guidance from approved healthcare professionals). Whilst
this is framed as a question it is reasonable to assume that the DWP has
thought this through prior to announcing the introduction of the HWC and
holds such information. 

 

Yours faithfully,

 

John Slater

 

-------------------------------------------------------------------

 

Please use this email address for all replies to this request:

[1][FOI #398073 email]

 

Is [2][DWP request email] the wrong address for
Freedom of Information requests to Department for Work and Pensions? If
so, please contact us using this form:

[3]https://www.whatdotheyknow.com/change_re...

 

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:

[4]https://www.whatdotheyknow.com/help/offi...

 

For more detailed guidance on safely disclosing information, read the
latest advice from the ICO:

[5]https://www.whatdotheyknow.com/help/ico-...

 

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

 

 

-------------------------------------------------------------------

 

**********************************************************************

This document is strictly confidential and is intended only for use by the
addressee.

If you are not the intended recipient any disclosure, copying,
distribution

or other action taken in reliance of the information contained in this
email is strictly prohibited.
 
Any views expressed by the sender of this message are not necessarily
those of the Department

for Work and Pensions.

If you have received this transmission in error please tell us and then
permanently delete

what you have received.

This email was scanned for viruses by the Department for Work and Pensions
antivirus services and was found to be virus free.

Please note: Incoming and outgoing email messages are routinely monitored
for compliance

with our policy on the use of electronic communications.

**********************************************************************

References

Visible links
1. mailto:[FOI #398073 email]
2. mailto:[DWP request email]
3. https://www.whatdotheyknow.com/change_re...
4. https://www.whatdotheyknow.com/help/offi...
5. https://www.whatdotheyknow.com/help/ico-...

hide quoted sections

DWP Strategy Freedom of Information, Department for Work and Pensions

1 Attachment

 

 

Please see the attached reply to your Freedom of Information request.

 

 

Yours sincerely

 

DWP Strategy FoI Team

 

 

 

 

-----Original Message-----
From: John Slater [mailto:[FOI #398073 email]]
Sent: 29 March 2017 14:33
To: DWP freedom-of-information-requests
Subject: Freedom of Information request - Health and Work Conversation -
Regulations & Tailoring

 

Dear Department for Work and Pensions,

 

The DWP has previously described the new Health and Work Conversation
(“HWC”) as follows:

 

“The Health and Work Conversation is a conversation rather than a tool.
The conversation will consist of the following principal elements:

• An opportunity for the Work Coach to get to know individuals, to build
rapport and trust, and to understand more about the individual as a whole
person: their background and the things that really matter to them in
their lives.

• A goal-setting exercise, in which the individual chooses a short-term
personal goal and works with the Work Coach to plan steps to achieve their
goal. This goal can be related to health or work, but does not need to be
about either of these. Individuals will identify ways to overcome possible
obstacles they face in their everyday lives, to increase their motivation
and build resilience. Work Coaches will use discretion throughout to
ensure that these exercises are used only where circumstances are
appropriate.

• The HWC will be followed by an action planning exercise, in which the
Work Coach and individual will work together to devise a Claimant
Commitment once it is introduced.

• The work coach will inform the claimant about the support available to
help them to improve their situation.”

 

It has also confirmed that the HWC is a work-focused interview (“WFI”).

 

The Welfare Reform Act 2007 states that a “ “work-focused interview” means
an interview by the Secretary of State conducted for such purposes
connected with getting the person interviewed into work, or keeping him in
work, as may be prescribed.”

 

ESA Regulations 2008 Regulation 55 prescribes a WFI as:

“The purposes of a work-focused interview are any or all of the following—

(a) assessing the claimant’s prospects for remaining in or obtaining work;

(b) assisting or encouraging the claimant to remain in or obtain work;

(c) identifying activities that the claimant may undertake that will make
remaining in or obtaining work more likely;

(d) identifying training, educational or rehabilitation opportunities for
the claimant which may make it more likely that the claimant will remain
in or obtain work or be able to do so;

(e) identifying current or future work opportunities, including
self-employment opportunities, for the claimant, that are relevant to the
claimant’s needs and abilities.”

 

It is difficult to reconcile the legal definition of a WFI with the
proposed HWC. There does not appear to be any prescribed powers for the
Secretary of State to require an ESA claimant to discuss their health or
set health related goals with a work coach at a WFI.

 

RFI1: Please direct me to the legislation prescribing powers to the
Secretary of State that requires the ESA claimant at the HWC or any other
WFI to discuss their health and set health related goals. I note that the
Department has already stated that people will not be expected to disclose
sensitive personal health data as part of the Health and Work Conversation
but this is a specific request about information held (or I can be
directed to) not the Department’s opinion.

 

The potential risk to ESA claimants is considerable as during the
assessment phase that the DWP is proposing the HWC take place it is likely
that for many claimants they won’t have a formal diagnosis, won’t have
been seen by specialist (i.e Consultant) and won’t have been assessed by
an approved healthcare professional to assess their fitness for work. The
Department will be aware that is a mandatory requirement that any
work-related activity (i.e. the outcome of a WFI) must be tailored
appropriately to help prepare for work the claimant can do whilst managing
their health condition and/or disability at work. No doubt the Department
will be aware that unless it can demonstrate that it is meeting all the
requirements of WFI for the HWC work coaches will be acting outside of the
Secretary of State’s prescribed powers (i.e. unlawfully) and the HWC will
cease to be mandatory.

 

RFI2: How will the work coach meet the mandatory requirement to tailor the
output of the HWC to the claimant given they can’t compel them to discuss
their health and will not have the result of a work capability assessment?
(Even if claimants voluntarily discuss their health, work coaches are not
qualified to know what are suitable activities for specific claimants
based on medical information. That is normally the role of occupational
health doctors or guidance from approved healthcare professionals). Whilst
this is framed as a question it is reasonable to assume that the DWP has
thought this through prior to announcing the introduction of the HWC and
holds such information. 

 

Yours faithfully,

 

John Slater

 

-------------------------------------------------------------------

 

Please use this email address for all replies to this request:

[1][FOI #398073 email]

 

Is [2][DWP request email] the wrong address for
Freedom of Information requests to Department for Work and Pensions? If
so, please contact us using this form:

[3]https://www.whatdotheyknow.com/change_re...

 

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:

[4]https://www.whatdotheyknow.com/help/offi...

 

For more detailed guidance on safely disclosing information, read the
latest advice from the ICO:

[5]https://www.whatdotheyknow.com/help/ico-...

 

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

 

 

-------------------------------------------------------------------

 

**********************************************************************

This document is strictly confidential and is intended only for use by the
addressee.

If you are not the intended recipient any disclosure, copying,
distribution

or other action taken in reliance of the information contained in this
email is strictly prohibited.
 
Any views expressed by the sender of this message are not necessarily
those of the Department

for Work and Pensions.

If you have received this transmission in error please tell us and then
permanently delete

what you have received.

This email was scanned for viruses by the Department for Work and Pensions
antivirus services and was found to be virus free.

Please note: Incoming and outgoing email messages are routinely monitored
for compliance

with our policy on the use of electronic communications.

**********************************************************************

References

Visible links
1. mailto:[FOI #398073 email]
2. mailto:[DWP request email]
3. https://www.whatdotheyknow.com/change_re...
4. https://www.whatdotheyknow.com/help/offi...
5. https://www.whatdotheyknow.com/help/ico-...

hide quoted sections