Dear Department for Work and Pensions,

I want the names of the placement providers for Mandatory Work Activity during the last six months in:

CPA 1
CPA 2
CPA 3

and if within your fees for

CPA 4
CPA 5
CPA 6

and if within your fees for

CPA 7
CPA 8
CPA 9

and if within your fees for

CPA 10
CPA 11

for your successful bidders
http://www.dwp.gov.uk/supplying-dwp/what...

Yours faithfully,

Frank Zola

DWP Adelphi Freedom-of-Information-Request, Department for Work and Pensions

This is an automated confirmation that your request for information has
been received at the DWP Central FoI Team.

We will forward your request to the relevant information owner within the
Department who will respond to you direct. 

Should you also 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...

show quoted sections

References

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

DWP Adelphi Freedom-of-Information-Request, Department for Work and Pensions

1 Attachment

Dear Mr Zola,

Please see attached response to your FoI request

Kind regards

DWP Central FoI Team

show quoted sections

Dear Department for Work and Pensions,

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 'Successful bidders'.

My request was based on the fact that you have already released names before and I do not think you have considered the Public interest properly, as the DWP is providing free labour to organisations, which means this is a subsidy funded by the Public often to let big business make profits from free labour. It is in the Public interest for them to be informed how it's money is being used to profit shareholders.

>>>>>>>>>>>>>>>>>>>

In that request you ask for;

The names of the organisations that have provided work boost placements over the past 12
months to A4e customers, from its placement department at Whittington House 764-768
Holloway Road, N19 3JQ.

Names disclosed

4 ACRES
4 ACRES LIMITED PALMERS GREEN
ABNEY PARK CEMETERY
A-CLASS FOOTBALL FOUNDATION
BARAKAH MINI MARKET
BOOKERS CASH AND CARRY
BRITISH HEART FOUNDATION (Camden)
BRITISH HEART FOUNDATION (Crickle Wood)
BTVC
CENTRE WESTMINSTER
CHARITY SHOPS IN VARIOUS LONDON PLACES
DAYLIGHT
DOREEN HAIR FASHION SALOON
ENVIRONMENT AND REGENERATION
FINSBURY PARK BUSINESS FORUM
FRIENDS OF THE EARTH
HANDEL HOUSE MUSEUM
HARRIOTS
HIGHGATE NEWTOWN COMM CENTER
HOME START
HOMES FOR ISLINGTON
HORNSEY SCHOOL FOR GIRLS
KILTRO(UK) LTD
LINCOLN HARTFORD SOLICITORS
LIVABILITY
MARIE CURIE
NORFOLK TRUCKS
OXFAM BOOKSHOP
OXFAM BOOKSHOP HIGHGATE
P.D.S.A
P.H.A RECRUITMENT SOLUTIONS
RESTORE COMMUNITY PROJECT
SAINT MUGUS
SALIBURY MEWS HARINGES
SPRINGBOARD UK
ST. MARY PRE-SCHOOL
STRATEGIC PRO. OFFICE, ISLINGHTON
STUDIO 28 LIGHT AND DESIGN
SUNNYSIDE ECOLOGY CENTER
TRADE LIMITED
WESTMINSTER VOLUNTEER CENTER
WHITTINGTON HOSPITAL
Y.M.C.A.
YMCA GOODGE ST.
YMCA KENSINGTON
1'OCLOCK CLUB BARNSBURY
ARABIC CAREER DEVELOPMENT
ASDA STARES EDMONTON GREEN
ASPIRE FOUNDATION
BARDENS CAFÉ
BBC/subell leisure centre
BRITISH HEART FOUNDATION
CAREFREE KIDS
ESSENTIAL RUBBER
FINSBURY + CLERTRNWELL VOLUNTEERS
FINSBURY PARK BUSINESS FORUM
FINSBURY PARK BUSINESS FORUM (MARSHALLS
TEAM)
GARDENING
HACKNEY COMMUNITY COLLEGE
HIGH GATE NEWTOWN COMMUNITY CENTRE
HIGH GATE NEWTOWN COMMUNITY CENTRE (POOR
SCHOOL)
MARIE CURIE
MATRIX COMPLEX
OUR LADY HELP OF CHRISTIANS
OXFAM BOOKSHOP
PRAMP
RESTORE COMMUNITY PROJECTS
RICHARD CL SCHOOL
ROBERT BLAIRE PRIMARY SCHOOL
THE R.S.P.C.A.
WHITTINGTON HOSPITAL
WILLIAM FROST GARDENING
WORKING MEN'S COLLEGE
ANGLO-CHINESE ARTS COUNCIL
4 ACRES
A4E
BTCV
CAMPAIGN AGAINST ARMSTRADE
CARE UK
EALING HAMMERSMITH & WEST LONDON COLLEGE
FINSBURY PARK BUSINESS FORUM
GARDENING
HIGH GATE NEWTOWN COMMUNITY CENTRE
HIGH GATE NEWTOWN COMMUNITY CENTRE
HOME START
HOUSE STREET CHARITY BOOKSHOP/GILLESPIE
PARK NATURE RESERVE
LIGHT PROJECT INTERNATIONAL
MARIE CURIE
MEDOUET
OXFAM
OXFAM BOOKSHOP
PETER BEDFORD HOUSING ASSOCIATION
RESTORE COMMUNITY PROJECTS
ST. JOHN'S STREET LIBRARY/AGE CONCERN
Whittington hospital
WHITTINGTON HOSPITAL
YMCA CAMDEN
OXFAM BOOKSHOP
a4e CAMDEN
A4E WOOLWICH
BARAKAH MINI MARKET
CANCER RESEARCH UK
CITY OF LONDON CORPORATION
FINSBURY AND CLERKENWELL VOLUNTEERS
FINSBURY PARK BUSINESS FORUM
HARINGAY VOLUNTARY SERVICES
HIGHBURY NEW PARK DAY CENTRE
HIGHGATE NEWTOWN COMMUNITY CENTRE
LONDON FELD PRIMARY SCHOOL
MIGRANTS RESOURCE CENTRE
MONTEM PRIMARY SCHOOL
OUR LADY KENTISH TOWN
OXFAM BOOKSHOP
RESTORE COMMUNITY PROJECTS
ROYAL COURTS OF JUSTICE
SAINSBURY'S GOLDERS GREEN
SIMPLY ACCOUNTABLE
SUE RYDER CARE - CITY OF ISL.
TINY TOTS NURSERY/HG COMM CENTRE
VOLUNTEER CENTRE HAMMERSMITH
WHITTINGTON HOSPITAL
YMCA
YMCA CHARITY SHOP
http://www.whatdotheyknow.com/request/77...

A full history of my FOI request and all correspondence is available on the Internet at this address:
http://www.whatdotheyknow.com/request/su...

Yours faithfully,

Frank Zola

DWP Adelphi Freedom-of-Information-Request, Department for Work and Pensions

This is an automated confirmation that your request for information has
been received at the DWP Central FoI Team.

We will forward your request to the relevant information owner within the
Department who will respond to you direct. 

Should you also 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...

show quoted sections

References

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

DWP Adelphi Freedom-of-Information-Request, Department for Work and Pensions

1 Attachment

Dear Mr Zola,

Please see attached response to your FoI request.

Kind regards,

DWP Central FoI Team

show quoted sections

Frank Zola left an annotation ()

Just a quick thanks to everyone sending suggestions on how to appeal to the Information Commissioners Office. Will post notes here when any updates are available.

Frank Zola left an annotation ()

ICO appeal sent
Date: Thu, Mar 1, 2012 at 8:44 AM
Subject: Freedom of Information Appeal: Successful bidders

Frank Zola left an annotation ()

ICO correspondence

"This is to let you know that I have contacted the DWP about your complaint.

I shall write to you again when the investigation into your complaint has been completed."

Mr Taylor left an annotation ()

According to the heraldscotland similar information is being withheld due to the interest of the public not being in the public interest

"Since January this newspaper has been requesting the names of those providing placements in Scotland.

"Initially we were told the information was commercially confidential, even though similar lists have been published elsewhere in the UK under Freedom of Information.

Now the Department of Work and Pensions (DWP) has conceded that the real reason for withholding the information is the strength of the protest campaign against the controversial schemes, which have been denounced as "workfare", "forced labour" and even "the latter day workhouse"."
http://www.heraldscotland.com/comment/he...

Frank Zola left an annotation ()

The DWP has discloses the information requested to the Information Commissioners Office (ICO), after an appeal made on March 1st 2012. However, they also claimed a new exemption.

"new" FOI ACt 36(2)(c) exemption claimed:

36 Prejudice to effective conduct of public affairs.

(2)Information to which this section applies is exempt information if, in the reasonable opinion of a qualified person, disclosure of the information under this Act—
(c)would otherwise prejudice, or would be likely otherwise to prejudice, the effective conduct of public affairs.
http://www.legislation.gov.uk/ukpga/2000...

ICO correspondence

---------- Forwarded message ----------
From: casework@ico.gsi.gov.uk
Date: Wed, 23 May 2012 16:38:35 +0100
Subject: Freedom of Information Act - DWP[Ref. FS50438037]
To: [redacted]

23 May 2012

Dear Mr Zola

Freedom of Information Act – Dept for Work & Pensions
Case reference: FS50438037

I write with reference to your email of 23 May.

This is to let you know that the DWP has supplied the ICO with a copy of the information that you requested and which it refused under section 43(2) of the Act. The DWP has also responded to our queries concerning the exemption.

However, it has since applied an additional exemption under section 36(2)(c) of the Act in order to withhold the information. We are currently examining the arguments that the DWP has submitted in support of the “new” exemption.

I shall write to you again when our investigation into your complaint has been completed.

Yours sincerely

[redacted]
Senior Case Officer

Dear DWP Adelphi Freedom-of-Information-Request,

The Information Commissioners office has said you have disclosed all the information requested to them. However, you are now claiming a new exemption under Section 36. Please send me a copy of all the information you have sent to the ICO to substantiate the basis of the new exemptions. Also send copies of all correspondence and information sent to and received by the ICO about my complaint and appeal against your original refusal of this information request.

Yours sincerely,

Frank Zola

DWP Adelphi Freedom-of-Information-Request, Department for Work and Pensions

This is an automated confirmation that your request for information has
been received at the DWP Central FoI Team.

We will forward your request to the relevant information owner within the
Department who will respond to you direct. 

Should you also 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...

show quoted sections

References

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

Frank Zola left an annotation ()

Paul Staples left an annotation ()

When pursuing this on appeal to ICO you may also point out that for this to be effective DWP will have to ban jobseekers from revealing where they have been placed to anyone, including the press, on pain of refusal of benefits. Without such a ban the info is effectively always in the public domain (unless it is proposed they are taken to work in blindfolds and blacked out cars), and if in the PD both s36 and s43 are meaningless exemptions.
Another tactic might be to find a newspaper / journalist to invite claimants to contact them and name providers. These can then be published and the exemptions collapse like a pack of cards, as no causative prejudice.

DWP Adelphi Freedom-of-Information-Request, Department for Work and Pensions

1 Attachment

Dear Mr Zola,

Please see attached response to your FoI request.

Kind regards,

DWP Central FoI Team

From: Frank Zola [mailto:[FOI #102502 email]]
Sent: 25 May 2012 22:15
To: DWP Adelphi Freedom-of-Information-Request
Subject: RE: Internal review of Freedom of Information request -
Successful bidders

Dear DWP Adelphi Freedom-of-Information-Request,

The Information Commissioners office has said you have disclosed
all the information requested to them. However, you are now
claiming a new exemption under Section 36. Please send me a copy of
all the information you have sent to the ICO to substantiate the
basis of the new exemptions. Also send copies of all correspondence
and information sent to and received by the ICO about my complaint
and appeal against your original refusal of this information
request.

Yours sincerely,

Frank Zola

show quoted sections

Frank Zola left an annotation ()

Section of Act/EIR & Finding: FOI 17 - Complaint Upheld , FOI 36 - Complaint Upheld , FOI 43 - Complaint Upheld

ICO Appeal Decision (including any steps ordered)

1. The complainant asked the Department for Work and Pensions (DWP) for the names of organisations that provide work placements under the Mandatory Work Activity (MWA) programme.

2. The Commissioner’s decision is that by withholding the information under sections 43(2) and 36(2)(c) the DWP did not deal with the request for information in accordance with the Act. He has concluded that s43(2) was not engaged and that although s36(2)(c) was engaged, the public interest favoured disclosure of the withheld information.

3. By failing to state or explain in its refusal notice that s36(2)(c) was applicable to the requested information the DWP breached s17(1)(b) and (c) of the Act.

4. The Commissioner requires the DWP to disclose the information within 35 calendar days of the date of this decision notice.

5. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.

Any Notice of Appeal should be served on the Tribunal within 28 (calendar) days of the date on which this decision notice is sent.
http://www.ico.gov.uk/~/media/documents/...

www.consent.me.uk (Account suspended) left an annotation ()

ICO Decision summary for Case Ref: FS50438037

ICO Findings:

1. FOI Act Section 17 – Complaint Upheld
2. FOI Act Section 36 – Complaint Upheld
3. FOI Act Section 43 – Complaint Upheld

Decision (including any steps ordered)

1. The complainant asked the Department for Work and Pensions (DWP)
for the names of organisations that provide work placements under the
Mandatory Work Activity (MWA) programme.

2. The Commissioner’s decision is that by withholding the information
under sections 43(2) and 36(2)(c) the DWP did not deal with the request for information in accordance with the Act. He has concluded that s43(2) was not engaged and that although s36(2)(c) was engaged, the public interest favoured disclosure of the withheld information.

3. By failing to state or explain in its refusal notice that s36(2)(c) was applicable to the requested information the DWP breached s17(1)(b) and (c) of the Act.

4. The Commissioner requires the DWP to disclose the information within 35 calendar days of the date of this decision notice.
5.Failure to comply may result in the Commissioner making written
certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.
Full decision
Ref: FS50438037
https://ico.org.uk/media/action-weve-tak...
[Link edited by WhatDoTheyKnow volunteer Richard 22/11/2016 as the previous link had been redirected elsewhere]

Frank Zola left an annotation ()

Information Rights Tribunal

“The Tribunal dismisses the Appellant’s appeals and upholds the Decision Notices of the Information Commissioner (the Commissioner) in all three appeals.”
http://www.informationtribunal.gov.uk/DB...
ICO Decision Notice, for this request
http://ico.org.uk/~/media/documents/deci...

John Slater left an annotation ()

Congratulations Frank!

www.consent.me.uk (Account suspended) left an annotation ()

Background info, copies of original documents, Tribunal papers/evidence, National news reporting, website and blog updates:
[Link removed - no longer works, redirects to spammy site]

Frank Zola left an annotation ()

FIRST-TIER TRIBUNAL GENERAL REGULATORY CHAMBER

Information Rights Tribunal Reference:
EA/2012/0207, 0232 & 0233

Appellant: The Department of Work and Pensions

Respondent: The Information Commissioner
Second Respondent: Frank Zola

Judge: NJ Warren

DECISION NOTICE

1. The application by DWP for permission to appeal to the Upper Tribunal is admitted
with the exception of Annex B which will not form part of the application.

2. The application is granted.

3. The effects of the decision of the First-tier Tribunal are suspended pending the
determination by the Upper Tribunal of the proposed appeals.

(Signed on the original)

NJ Warren
Chamber President
Dated 20 June 2013

Frank Zola left an annotation ()

FIRST-TIER TRIBUNAL

GENERAL REGULATORY CHAMBER
INFORMATION RIGHTS

Tribunal Reference: EA/2012/0207, EA/2012/0232, EA/2012/0233

Appellant: The Department for Work and Pensions (DWP)

Respondent: The Information Commissioner

Second Respondent: Francis Patrick Zola

Judge: NJ Warren

CASE MANAGEMENT NOTE

1. On 14 June, DWP applied for permission to appeal to the Upper Tribunal. The application requested that a document attached to it, known as Annex B, should not
be disclosed to the other parties as it included the disputed information.

2. Although for obvious reasons, it is common place in this jurisdiction for the disputed information to be received as “closed material”, the Tribunal must be vigilant to conduct its proceedings, so far as it can, without recourse to closed material.

3. It did not seem to me that Annex B was necessary for consideration of the application. I therefore excluded Annex B from the application.

4. I granted the application for permission to appeal.

5. Mr Zola has now asked for a copy of the application.

6. On 21 June DWP asked for an order under Rule 14 GRC Rules to the effect that the application for permission to appeal should not be disclosed to Mr Zola but that instead an edited version, described as containing “very insubstantial redactions”
should be disclosed instead.

7. I am doubtful as to the basis of the application.

8. It does seem to me however that there are good policy grounds for deferring any
ruling. These are:-

(a) It would be wrong to duplicate an exercise that the Upper Tribunal itself will have to carry out as part of its own procedures.

Case Management Note Continued Tribunal Reference Number: EA/2012/0207, EA/2012/0232, EA/2012/0233

Appellant: The Department for Work and Pensions (DWP)

Date of decision: 28 June 2013

(b) The proposed redactions apparently echo the procedure adopted by the Tribunal which heard this case. For me to take a view on them now might be
unfair, should this issue be raised as part of the proceedings before the Upper Tribunal.

9. In all the circumstances, it seems to me that the better course of action would be for the DWP to lodge its appeal with the Upper Tribunal together with its application for non-disclosure.

10. The Upper Tribunal will then be in full control of the proceedings.

A party is entitled to challenge any instruction given in this note by applying to the Judge.

(Signed on the original) NJ Warren

Chamber President

Dated 28 June 2013

Frank Zola left an annotation ()

A deadline for Zola & ICO to submit responses to the DWP appeal was set for 21/11/13. A full day hearing is expected to be listed in early 2014.

Frank Zola left an annotation ()

Hearing set for 3 May 2013

Appellant: Department for Work and Pensions
First Respondent: Information Commissioner
Second Respondent: Mr Francis Zola
Tribunal: First-tier Tribunal (Information Rights)
FTT Case No: EA/2012/0207
FTT Venue: CAT, Victoria House, Kingsway, London
Hearing Date: 3 May 2013
Decision Date; 17 May 2013

The appeal will be listed for a hearing with an estimate of one day.

Judge

This matter having been transferred from Judge Turnbull, the hearing will be taken by Judge Wikeley or, if he is unavailable, another Judge of the Administrative Appeals Chamber of the Upper Tribunal.

C Robinson left an annotation ()

Frank I support you all the way mate,
don't give in!
I had a six year fight with the DWP
4 appeals and one went to the upper tribunal
and I won.

Frank Zola left an annotation ()

Apologies 3 May date was for the past First Tier hearing of 3 May 2013!

Frank Zola left an annotation ()

"Dear Mr Zola,

It has not proved possible to find a suitable date for the oral hearing of the appeal in March or April. We are now looking to list the case in May. If there are any dates during that month when you are unable to attend the hearing, would you please let us know as soon as possible.

Yours sincerely,

The Upper Tribunal (AAC)
5th Floor, Rolls Building
7 Rolls Buildings
Fetter Lane
London
EC4A 1NL
Tel:020-7071-5662"

Frank Zola left an annotation ()

Date and Time stamp of previous quote, indicating Upper Tribunal Information Rights Hearing being arranged for May 2014!
From: Adminappeals <adminappeals @ hmcts.gsi.gov.uk>
Date: Tue, Jan 28, 2014 at 12:29 PM
Subject: FW: GIA 2560 2013 DWP v ICO and Zola

D Robinson left an annotation ()

"More recently however, we have
become aware of various campaigns aimed at harming the commercial interests of companies
involved in delivering the Work Programme as well as a potentially undermining Government
policy."
I can't believe the cheek of the above comment!!!
Why are they above the law?
and another point if so many people support the work programme why fear "various campaigns"?
Is this not a democratic country?
I am scared at how our democratic/human rights are being eroded away, very soon the UK will end up like some third world kleptocracy and God help the precariat!
Mr Zola I hope you win

Frank Zola left an annotation ()

"Dear parties,

The oral hearing has been fixed for 12/6/14 at 10:30. Formal written notification will follow by post.

Yours sincerely,

[redacted]

The Upper Tribunal (AAC)
5th Floor, Rolls Building
7 Rolls Buildings
Fetter Lane
London
EC4A 1NL
Tel:020-7071-5661"

D Robinson left an annotation ()

This whole debacle is beyond the pale:
i.e. There's NO anonymity with the govt
e.g.
1) Your Medical records are sold
2) The JCP jobsearch web site that harvested data and was exposed as a scam for advertising jobs that didn't exist.
These are just two examples of how OUR PRIVACY RIGHTS have been eroded, but, turn it the other way around and whadda know! THAT'S DIFFERENT!!!!!
Please keep fighting as this is an abuse of power on a grand scale!

Frank Zola left an annotation ()

The hearing will be held at: Field House, 15 Breams Building, London, EC4A 1DZ Thursday 12 June 2014 at 10:30 am.

Frank Zola left an annotation ()

ICO v Workfare Exploiters

On Thursday June 12th the ICO and the DWP met for 5 hours at an Upper Tribunal Information Rights case, about naming Mandatory Work Activity (MWA) and Work Programme placement hosts, summary of arguments put forward:

DWP: Andrew Sharland
http://www.11kbw.com/barristers/profile/...

the original first tier tribunal decision and particularly the conclusions contained many errors in law and the first tier tribunal decision should be set-side and a new one convened.

reference was made to the Salvation Army “holding the line” and the YMCA “sticking with” MWA and the 'small' charities PDSA and Sue Ryder not having Tesco like PR resources to 'wage war' against, the media and “aggressive targetting” by protesters.

that Boycott Workfare's “strident” criticism, online petitions and direction action against hosts was not 'standard criticism'.

there was continual reference to a complaint that workfare hosts had been presented “thieving fucking criminals” and “people are dying because of you”.

DWP conceded that Jobseekers Allowance (JSA) is not” a commercial-interest

ICO: Robin Hopkins
http://www.11kbw.com/barristers/profile/...

The DWP arguments are a “classic case” of focusing on certain words and seeking to get a 'drop of blood out of a stone', using sophistry and being incapable of 'seeing the woods for the trees” and are using the hearing to “snipe” at the tribunal's decision.

the first tier tribunal are entitled to reach the conclusion they did and it would not be fair to remit the case back to a fresh first tier tribunal due to possible 'isolated errors in law'

the DWP present workfare as being for “community benefit” it therefore follows that it is in the public interest for communities to know that names of workfare placement hosts in their community.

there is no actual evidence to show a causal link that disclosure of “free labour” hosts names did or could lead to any loss of commercial interests

Boycott Workfare's activities are part of a democratic right of protest

there was no evidence of a “media frenzy” against workfare hosts and complaints against The Guardian reporting are “hopeless”

the media, blog and website evidence only submitted by the DWP contradicts it's own case, noting the Daily Mail IDS article cited was self-serving defense of DWP's workfare.

these workfare schemes are “controversial” and the DWP should expect criticism

the first tier tribunal was right to give little weight to the survey and letters 'evidence' provided by workfare hosts and “middle men” (DWP contractors and subcontractors) at the DWP's behest as this enabled the DWP to frame the gathering of such evidence to prove it's own case and as such should be treated with 'suspicion' due to it's “partiality”

the exposure of Sue Ryder, PDSA and Salvation Army as workfare hosts took place in 2011 prior to the FOI requests

Oxfam considers workfare to be unethical

Smuggle

The DWP also sought to “smuggle in” (ICO comment) new reasons it considered against the original decision, ICO argued they did not have permission for new grounds, particularly those concerning aggregation of multiple requests within a single FOI request.

Judge comments

During the hearing the Judge made the following observations:

Social Media allows members of the public on unpaid workfare to disclose the names of workfare placement hosts and they are under no duty of confidentiality. That much of the media attention had been caused by Tesco 'shooting itself in the foot' over recruitment adverts for unpaid workfare in it's supermarkets. There was also some confusion over the pagination/numbering of DWP's bundle concerning media, blog and website evidence submitted by the DWP, with the Judge making reference to the item he named as “Chris Grayling is a lying bastard”

The judgement should be be out in 4 to 8 weeks, as delays are being caused due to Atos cases.

Anton left an annotation ()

That Chris Grayling lied is in no doubt. He went on the 'Today' programme on radio 4 in the morning and claimed in relation to the Cait Reilly case, that the scheme was voluntary. That's because someone in the DWP removed clause 14 from the guidance document as soon as he was invited to go on the programme. The guidance when she was on it was clear:

"Work Experience for JSA Claimants
14.Where you are providing support for JSA participants, which is work experience you must mandate participants to this activity. This is to avoid the National Minimum Wage Regulations, which will apply if JSA participants are not mandated. "

It would be interesting to know which version of the document the DWP supplied in evidence when the case came to court. Did they supply the version which was in force at the time when Cait was on the scheme or the edited version at the time of the trial? Certainly clause 14 significantly weakens the DWPs case.

Frank Zola left an annotation ()

The DECISION of the Upper Tribunal is to dismiss the appeals. More to follow....

Frank Zola left an annotation ()

D Robinson left an annotation ()

CONGRATULATIONS!!!!! AND THANK YOU FOR ALL THE HARD WORK THAT YOU HAVE PUT IN ON THIS MONUMENTAL TASK.
I have followed you from the beginning and never thought you'd get a result.
THANK YOU

G Millward left an annotation ()

Well done Frank! This is another nail (and a big one at that) in the coffin of workfare.

Frank Zola left an annotation ()

My comments on tribunal outcome http://www.boycottworkfare.org/?p=3680 together with media/blog reporting http://refuted.org.uk/2014/07/22/workfar...

Frank Zola left an annotation ()

The DWP has been given an extension until September 10th to submit it's application for permission to appeal the Upper Tribunal decision to the Court of Appeal. Meaning no permission to appeal has been lodged (granted).

Joan Hughes left an annotation ()

Any update on where this is at? Would love to see that list...

Frank Zola left an annotation ()

The Upper Tribunal has refused the DWP permission to appeal it's decision. Therefore the only option for the DWP is to appeal direct to the Court of Appeal.

To quote:

"5. This appeal was, at heart, a facts and reasons challenge to the decision of the First-tier Tribunal. With that in mind, and whilst I accept that the factual context of these appeals carries some significance, I do not for myself consider that this proposed appeal raises any

important point of principle or practice. Nor do I consider that there is any other compelling reason for the Court of Appeal to hear the appeal, given the respective conclusions to date of the Information Commissioner, the First-tier Tribunal and myself. In any event it seems to me that this is a matter which the Court of Appeal is in a far better position to judge. I
therefore refuse permission to appeal on a point of law.

The Department [DWP] may, of course, apply direct to the Court of Appeal for permission to appeal.

6. I do not think that it would be appropriate for me to engage in a point-by-point analysis of the proposed grounds of appeal. I merely make the observation that the point argued at §32-§33 of the application, namely (i) that perversity has a lower threshold in judicial review applications and (ii) that lower threshold is applicable in the context of FOIA appeals, is not
the way the case was argued before the Upper Tribunal.

7. For the record I should also add that there are in my view no grounds for setting aside my decision for procedural reasons or for reviewing the decision.
Nicholas Wikeley
Judge of the Upper Tribunal
(Dated) 11 September 2014"

D Robinson left an annotation ()

I think it's a battle won, but the war's not over *sadly*

Frank Zola left an annotation ()

DWP has now submitted it's appeal notice to the Court of Appeal (24/10/14), the DWP grounds of appeal are that the First Tier Tribunal erred in law by concluding the DWP disclosure of the requested information would not prejudice it's commercial interests [43(2) FOIA] or otherwise prejudice, or would be likely otherwise to prejudice, the effective conduct of public affairs [36(2)(c) FOIA].

Freedom of Information Act 2000 [FOIA]
http://www.legislation.gov.uk/ukpga/2000...
43(2)
http://www.legislation.gov.uk/ukpga/2000...
36(2)(c)
http://www.legislation.gov.uk/ukpga/2000...

D Robinson left an annotation ()

and on and on and on it goes, I hate the DWP with a passion, they are a law onto themselves. Thank you Frank for all the work you have put in on this FOI.
My daughter was forced to work on workfare for Poundland and my blood boils when I think of how they treated her.

Sian Lowe left an annotation ()

"Thank you for your request however the tender round is still in progress. As a
consequence, at this stage the information requestered is not yet available and therefore
cannot be disclosed. "

This 'newspeak' reply can be translated as:
You are NOT going to get the information you asked for, no matter how you try and whatever method you use, so give up now to save your time and energy.

Frank Zola left an annotation ()

@Sian Lowe
Please post annotations on the correct 'Community work placements' request @ https://www.whatdotheyknow.com/request/c...

H Mansfield left an annotation ()

This is incredible, in both the modern and literal use of the word.

refuted left an annotation ()

DWP loses another 3 FOI first tier tribunal appeals, must release names of Mandatory Work Activity (MWA), Work Programme and Day One Support for Young People Trailblazer workfare exploiters. http://refuted.org.uk/2014/12/22/namewor...

Frank Zola left an annotation ()

ICO says DWP's appeal of Oct 2014 "is still under consideration by the Court of Appeal", as of May 2015!

G Millward left an annotation ()

Frank, what can I say? How much longer are they going to drag their feet on this one? Can you imagine if the government wanted information from you and you delayed and delayed like this lot have, they'd fine you to within an inch of your life!

Frank Zola left an annotation ()

"...appeal hearing is listed for 1 day floating over 15 and 15 June 2016."

Frank Zola left an annotation ()

The Mandatory Work Activity contracts are not being renewed https://www.gov.uk/government/publicatio... and shortly thereafter the Court of Appeal is likely to require the DWP to disclose the names of workfare exploiting employers, the subject of this 2012 request.

A similar request was made in Ireland and under it's FOI regime, they disclosed the names of nearly 12,000 exploiters https://uniteyouthdublin.files.wordpress...

Frank Zola left an annotation ()

The Court of Appeal hearing is set for Mon &Tues 13/14 June 2016!

Curtis Allan left an annotation ()

I would imagine the reason why the DWP are so reluctant to release this information is because it'll probably be the same shower who will be bidding for the Work and Health Programme who have been running the WP, MWA and CWPs, etc. That's why they won't answer your request.

Frank Zola left an annotation ()

Possible outcomes of today's Court of Appeal hearing:

Case is sent back/remitted to first tier tribunal, due to an error in law

DWP's appeal rejected, requiring DWP to comply with Upper Tribunal and disclose names of workfare hosts.

Frank Zola left an annotation ()

Court of Appeal rules against DWP's 4 year+ efforts to block release of the name of workfare exploiters
Full decision https://drive.google.com/file/d/0Bwd25z9...

Frank Zola left an annotation ()

Over the past 4.5 years the DWP has been denying the public right to know the names of employers using it's numerous forced unpaid labour schemes, in their communities. These workfare schemes cost the public billions and therefore why should employers be able to hide behind the DWP's cloak secrecy and legal shenanigans. It seems to be forgotten that the public are also benefit claimants and why should they lose their
subsistence level income through benefit sanctions because they refuse to allow charities, businesses and public authorities to economically exploit claimants for there own sordid commercial gains.

Charities, businesses and public authorities should stop using using workfare. Like Oxfam, they should all consider it fundamentally unethical.

I call upon the NCVO to publicly oppose workfare outright and issue guidance to it's members, just like it's counterparts in Scotland and Wales have already done.

When the Court of Appeal's, Master of the rolls reached his decision to dismiss the DWP's appeal, it is worth remembering that Robin Hopkins acting for the ICO pointed out, during the appeal hearing, that workfare conscripts are being exploited within the actual Royal Courts of Justice where the DWP's hearing took place, as well as the Local Authority in which the courts are located.

It is worrying that the Welfare Reform Act 2012 embeds mandatory
workfare as a 'work preparation' requirement for all Universal Credit (UC) claimants. A requirement that makes no distinction whether a UC claimant is already working in paid employment of volunteering.

The Conservative manifesto of 2015 also included a promise to introduce a new 'Youth Allowance' benefit for 18 to 21 years olds, to limit entitlement to six months and abolish automatic rights to Housing Benefit and impose daily community workfare, if unpaid traineeships (which can last up to 6 months) or Jobcentre organised work experience are refused. These plans are being implemented in 2017.

To make work pay, including 'traineeships' and other forms of 'work experience' organised by Government or employers must be paid at the going rate, be entirely voluntary, with no distinction on the basis of age and all workers should have the status of employees with full trade union, health and safety and equality legislation rights and protection. Benefit claimants should be provided with education and training that is entirely voluntary and have parity with the resources and money currently devoted to University level education.

The modern scourge of forced-labour would not have been uncovered without the work of Boycott Workfare and more recently Keep Volunteering Voluntary, they should be supported unequivocally. The names of workfare exploiters should be released immediately,so we the public can see who they are in the full light of day, as sunlight is the best disinfectant for one of the most morally corrupt social security policies.

The Freedom of Information Act is facilitating this disclosure of workfare hosts names and whatdotheyknow.com must be commended for this site, which makes making FOI requests easier and keeps the process open to public scrutiny.

Frank Zola left an annotation ()

Names of Mandatory Work Activity hosts released today:
https://www.whatdotheyknow.com/request/n...

AMES OF PLACEMENT PROVIDERS FOR MWA DURING THE REQUESTED PERIOD
African Childrens Fund
Abacus Children’s Wear
ABCAL
Ability
Ace of Clubs Charity Shop
Acorns
Action for Disability
Action Housing
Active Community Team
Advocacy Support
Afro Caribbean Centre
Age Concern
Age UK
Agnew Community Centre
Air Ambulance
Aire Valley Recycling Ltd
Airedale Computers,
Al-Khair Foundation
All Aboard
Allied Healthcare
Almadene Care Home
AMF Torquay Bowling Alley
Amicus Horizon Housing Association
Animal Krackers
ARAS German Shepherd Inn
ARC
Archer Project
Arthritis Research UK
Arthur Rank
Arts Factory
ASAN
Asda
Asha Charity Shop
Ashgate Hospice
Aspire Community Enterprise Ltd
Auchinleck Talbot F.C.
Autism Plus
Aylestone Park Boys Football Club
Babygear
Back2Earth
Bangladesh People
Bangladeshi ass sangag centre
Barnardos
Basic Life Charity
B'Dwe
Beaumaris Hostel
Bedfordshire Education Academy
Belgrave Hall Museum
Bernicia Group (Social housing provider)
BHF
Blaby & Whetstone Boys Club
Blue Cross
Bluebell Wood
Bookers
Boots
Botanical Gardens
Bottle Rescue Aireworth Mill
BR Environmental
Bradford Autism Centre
Bradford Community repaint
Breaking Free
Brian Jackson House
Briardale Community Centre
Bright House
Brighton and hove wood recycling
Britannia College
British Heart Foundation
British Red Cross
British Waterways
Brockhurst Community Centre
Bryncynon Strategy
Bryncynon Strategy
Butterwick Hospice
Cancer Research
Cancer Uk
Capability Scotland
Care & Repair
Carers Centre
Caribbean Centre
Caribbean Restaurant (Streatham)
Carlisle Park
Carr Vale Allotments
Cash Convertors
Castle Gresley Community Centre
Cat Haven
Cats Protection League
Cauwood day services
CCA Furniture Outlet
Cerebal Palsey Care
Changing Lives in Clevedon
chapletown youth community centre
Chesterfield FC Community Trust
Chestnut Tree House Shop
Children in Distress
Children Scrapstore Reuse Centre
Children Trust
Childrens Society
Chopsticks North Yorkshire
Circulate
Citizen Advice Bureau
Claire House
Clic Sargent
Comfort Kids
Community Association - Trefechan
Community Re-Paint
Community Resource Centre
Community Voice
Complete Professional Care
Compton Hospice
Congburn Nurseries
Cooke Computers
Cooke E - Learning Foundation
Co-op
Corby Boating Lake
Cornerstone
Cornwall Hospice Care
County Durham Furniture Help Scheme
Croydon animal samaritans
CSV Media
Cusworth Hall
CVS Furniture
Dan's Den Colwyn Bay
Dapp UK
DC Cleaning
Deans
Debra
Demzela
Derbyshire Timber Scheme
DHL
Dial Intake
Didcot Railyway Museum
Disabled Childrens Services
Discovery Community Cafe
Dogs Trust Glasgow
Dogsthorpe Recycling Centre
Doncaster College
Doncaster Community Centre
Dorothy House Hospice
Dorset Reclaim
Dovehouse Hospice Shop
Dragon Bands
Durham Wildlife Trust
E Waste Solutions
Earl Mountbatten Hospice
East Anglia Childrens Hospice Shop
East Cleveland Wildlife Trust
East Durham Partnership
East Midlands Islamic Relief Project
East West Community Project
Ecclesbourne Valley Railway
eco Innovation Centre
Elleanor Lion Hospice
ELVON
Encephalitis society
English Landscapes
Enhanced Care Training
Enterprise UK
Environmental Resource Centre
Essex County Council
Extra care Charitable Trust
Fable
Family Support
Fara
Fare share Malmo Food Park
Featherstone Rovers
Fenland District Council
First Fruits
FN! Eastbourne
Foal Farm
Food Cycle
Fops Shop
forget me not childrens hospice
Foundation for Paediatric Osteopathy
Fountain Abbey
Fox Rush Farm
FRADE
Frame
FRESCH
Fresh water christian charity
Friends of St Nicholas Fields
Furnish
Furniture for You
Furniture Project
FurnitureLink
Gateway funiture
Genesis Trust
George Thomas Hospice - Barry
Geranium Shop For The Blind
Glasgow Furniture Initative
Glen Street Play Provision
Goodwin Development Trust
Govanhill Baths Community Trust
Greenacres Animal Rescue Shop
Greenfingers
Greenscape
Greenstreams Huddersfield/ environmental alliance
Grimsby District Health care charity
Ground Work
Hadston House
Happy Staffie
Harlington Hospice
Hart Wildlife Rescue
Hartlepool Council
Hartlepool Hospice
Hartlepool Prop (Mental Health)
Hartlepool Trust Opening Doors
Hastings & Bexhill Wood Recycling Project
Havens Childrens Hospice Shop
Havering Country Park
headway
Healthy Living Centre
Hebburn Community Centre
Help the Aged
helping hands
High Beech Care Home
High Wycombe Central Aid
Hillam Nurseries
Hinsley Hall Headingley
Hobbit Hotel
Holmescarr Community Centre
Home Start
Homemakers
Hope central
Hospice of hope
Hounslow Community Transport Furniture Project
Hull Animal Welfare Trust Hull
Humanity at Heart
I Trust
Indoamerican Refugee and Migrant Organisation (IRMO)
Intraining Employers
Ipswich Furniture Project
Iranian Association
Islamic Relief
Jacabs Well Care Center
Jesus Army Centre
JHP
Julian House Charity Shop
K.T. Performing Arts
Kagyu Samye Dzong London
Keech Hospice Care Shop
Keighley & District Disabled
Kier Services – Corby
Kilbryde Hospice
Killie Can Cycle
Kingston Community Furniture Project
Kiveton Park & Wales Community Development Trust
LAMH
Leeds & Moortown Furniture Store
Leicester City Council
Leicester Riders
Leicester Shopmobility
Leicestershire Aids Support Services
Leicestershire Cares
Lifework
Lighthouse
Linacre Reservoir
London Borough of Havering
London College of Engineering & Management Woolwich
Longley Organised Community Association
Lyme Trust
Lynemouth Resource Centre
Mackworth Comm. Charity Shop
Making a Difference
Marie Curie
Mark2 (marc)
Martin House Hospice
Mary Stevens Hospice
Matalan
Matchbox
Matthew25 Mission
Mayflower Sanctuary
MDJ Lightbrothers
Meadow Well Connected
MEC
Mental Health Support
Midland Railway Trust
MIND
Miners Welfare community centre
Mistley Place Park
Monmouthshire & Brecon Canal Regeneration Partnership Scheme
Moore Cleaning
Morrisons
Muslim Aid
Myton Hospice
Nandos
Naomi Hospice
National Railway Museum
National Trust
NDDT
Neath Port Talbot County Borough Council
Necessary Furniture
Neighbourhood funiture
Neterlands Dog Rescue
New Life Church
Newham Volenteers Group
Newport City Council
Nightingale House
NOAH enterprise
North East Lincs Motor Project
North London Hospice Shop
North Ormesby Community Shop
Northumberland County Council
Norwood
Old Nick Theatre
One 0 One
Open Secret
Overgate Hospice
Oxfam
Papworth Trust
Partner Shop
Paul Sartori Warehouse
Paws Animal Welfare Shop
PDSA
Pegswood Community Centre
Pennywell Community Association
Peterborough Streets
Pheonix Community Furniture
Pilgrim Hospice
Placement Furniture Project
Platform 51 Doncaster Womens Centre
Playworks
Plymouth Food Bank
Plymouth Play Association
Plymouth Volunteer Centre
Pound stretcher
POW Shop
Powys Animal Welfare Shop
PPE Paving
Preen Community Interest Company
Primrose
PRINCE & PRINCESS OF WALES
Prince of Wales Sherburn in elmet
Princess Trust
Queen Elizabeth Foundation
Queens Walk Community
Queensland Multi-Media Arts Centre
Rainbow Centre
Rainbows End Burngreave
Real Time Music
Recycling unlimited
Red Cross
Refurnish
Regenerate Community Enterprise
Remploy
Restore
Rhyl Adventure Playground Association
Right Time Foundation
RNID
Rochford Council
Rosalie Ryrie Foundation
Rosliston Foresty
Royal Society for Blind.
Royal Wotton Bassett Town Council
RSPB
RSPCA
Rudenotto
Rudyard Lake
S & S Services
Saffcare
Sainsburys
Salvation Army
Santosh Community Centre
Sara
Save the children
Savera Resource Centre
Scallywags
Scarborough Council
SCD Fabrications
School of English Studies
Scope
Scottish Cancer Support
Scottish International Relief
Scunthorpe Central Community Centre
Seagull Recycling
Seahouses Development Trust
Second Chance
Second Opportunities
Sedgemoor Furniture Store
Sense
Sesku Acadamy Centre
Shaw Trust
Sheffield Reclamation Ltd - Reclaim
Shelter
Shooting Stars
Shopmobility & Community Transport - Access
Slough Furniture Project
Smythe
Sneyd Green
Somali Community Parents Association
Somerfields
Somerset Wood Re-Cycling
South Ayrshire Council
South Bucks Hospice Warehouse
South Wales Boarders Museum
Southend United Football Club
Spaghetti House
Spitafields Crypt Trust
Splash fit
St Barnabas
St Catherines Hospice Trading
St Chads Community Centre
St Clare's Hospice
St Davids Foundation
St Elizabeth Hospice Charity Shop
St Francis Hospice Shops Ltd
St Gemma's Hospice
St Georges Crypt
St Giles
St Helens House
St Hughs Community Centre
St Lukes Hospice
St Margarets Hospice Scotland
St Oswald's Hospice
St Peters Church
St Peters Hospice
St Raphaels hospice
St Vincents
St. Catherines Hospice
St.Theresa's Charity Shop
Stages Café
Stannah Stair Lifts
Stef's Farm (Education Farm)
Step Forward
Stocking Farm Healthy Living Centre ( Sure Start)
Stockton Council
Stone Pillow
STROKECARE
Strood Community Project
Strut Lincoln
Sudbury Town Council
Sue Ryder
Sunderland Community Furniture
Sunderland North Community Business Centre
Superdrug
Swindon 105.5
Sycamore Lodge
sydney bridge furniture shop
Sypha
T&M Kiddy's Kingdom
Tara Handicrafts
Teamwork
Teesside Hospice
Tendring Furniture Scheme
Tendring Reuse & Employment Enterprise
Tenovus
Tesco
Thames Hospicecare
Thames Valley Hospice
Thanet District Council
The Ark Shop
The Art Organisation
The Charity Shop
The Childrens Society
The Childrens trust
The Crossing
The Good Neighbour Project
The Greenhouse
The Harrow Club
The Hinge Centre Ltd
The Isabella Community Centre
The Island Partnership
The Kiln Cafe
The learning community
The Linskill Centre
The Listening Company
The Octagon Centre Hull
The Old Manor House Riding Stables
The Princess Alice Hospice
The Range
The Reuse Centre
The Rising Sun Art Centre
The Rock Foundation Ice House
The Shores Centre
The Spurriergate Centre
The Undercliffe cemetary charity
The Vine Project
The Welcoming Project
The Woodworks (Genesis Trust)
Think 3E,
Thirsk Clock
Thurrock Council
Thurrock Reuse Partnership (TRUP)
TLC
TooGoodtoWaste
Top Draw
Traid
Trinity Furniture Store
Troed Y Rhiw Day Project
True Volunteer Foundation
Tukes
Twice as Nice Furniture Project
Twirls and Curls
Ty Hafan
Tylorstown Communities First
United Churches Healing Ministry
United Play Day Centre
Unity in the Community
UNMAH
Untapped Resource
Urban Recycling
Vale of Aylesbury Vineyard Church Project
Vista Blind
Walpole Water Gardens
Walsall Hospice
Wandsworth Oasis trading Company Limited
Wat Tyler Centre
WEC
Weldmar
Well Cafe
Wellgate Community Farm
Wellingborough District Hindu Centre
Western Mill Cemetary
WH Smith
Wheelbase
Whitby Council
Wildlife Trust
Wilkinsons
Willen Care Furniture Shop
Willington Community Resource Centre
Windhill Furniture Store Shipley
Woking Community Furniture Project
Womens Aid
Womens Centre
Woodlands Camp
Worsbrough Mill & County Park
Xgames
YMCA
York Archaeological Trust
York Bike Rescue
York Carers centre
Yorkshire Trust
Yozz Yard
Zest
Zues Gym

Frank Zola left an annotation ()

Frank Zola left an annotation ()

Disclosure of info for FOI requests relates only to what existed at the time of the FOI request being lodged, for the list above that was 25 January 2012. Or as the DWP states "PROVIDERS FOR MWA DURING THE REQUESTED PERIOD"

Frank Zola left an annotation ()

Frank Zola left an annotation ()

Blog post and resources on this disclosure of MWA exploiters:

500+ abusers of workfare conscripts named and shamed – as in the public interest.
https://mrfrankzola.wordpress.com/2016/0...

and

Another win: 4-year legal battle finally reveals workfare exploiters!
http://www.boycottworkfare.org/?p=6675

Curtis Allan left an annotation ()

Super stuff! At least we'll know who to potentially target when the Work and Health Programme is rolled out.

Frank Zola left an annotation ()

This request mentioned in Mirror article.
Tories blew £100k of public money hiding list of firms that used jobseekers for unpaid work http://www.mirror.co.uk/news/uk-news/tor... and this new request https://www.whatdotheyknow.com/request/c... that the DWP are just totally ignoring...............

Richard Taylor left an annotation ()

The costs incurred by the Government in attempting to prevent the release of the information requested have been released following FOI requests and can be found at:

https://www.whatdotheyknow.com/request/l...

and

https://www.whatdotheyknow.com/request/d...

and

https://www.whatdotheyknow.com/request/c...

Frank Zola left an annotation ()

Looks like the DWP has started another 4 year+ countdown, before disclosing info for a new FOI request on workfare
https://www.whatdotheyknow.com/request/c...

Looking for an EU Authority?

You can request documents directly from EU Institutions at our sister site AskTheEU.org . Find out more .

AskTheEU.org