DWP Central Freedom of
Information Team
Caxton House
6-12 Tothill Street
London
SW1H 9NA
S Gwilliam
freedom-of-information-
xxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx
xxxxxxx@xxx.xxx.xx
DWP Website
Our Ref: IR2021/09816
9 February 2021
Dear S Gwilliam,
Thank you for your Freedom of Information (FoI) request received on 4th February. You
wrote:
“I am writing to request an internal review of Department for Work and Pensions's
handling of my FOI request 'Telephone WCAs and subsequent award decisions.'.
I already have access to both the DMG and ADM, that is not the information that I asked
for.
In your reply you state:
"No guidance or communications have been supplied to decision makers, regarding
consideration of HCP advice generated from telephone WCAs, that is different to the
Decision Making Guide."
I know that this guidance is different from the DMG/ADM - That is why I requested it.
As for "No guidance or communications have been supplied to decision makers,
regarding consideration of HCP advice generated from telephone WCAs":
I find it difficult to belive that as HCPs are not assessing for LCW during telephone
WCA's the Decision Makers have not had any guidance on what to do about that.
eg. In a case where I am currently advising there are no points advised by the HCP on
the ESA85, as there wouldn't be because LCW is not being assessed for, but the DM has
awarded 15 points on the ESA56 thus qualifying for LCW without any HCP
recommendation- The DM must have been instructed to do that by some guidance,
memo, etc.
There again as no Fit-for-Work decisions are currently being made by Decision Makers
following telephone WCA's there must have been some guidance or memo to tell DM's
not to make FFW decisions.
Please provide all such guidance, memos, etc. as originally requested.”
DWP Response
In response to your internal review request, we 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 we are satisfied that the original response was handled properly and
that the outcome of your original request was correct. Your complaint is therefore not upheld
and the reason for this is as follows.
Face-to-face Work Capability Assessments (WCAs) were suspended by the DWP in March
2020. So that claimants could receive an appropriate level of benefit, we introduced
telephone assessments for WCAs in June 2020, which resulted in limited outcomes for
claimants.
To protect vulnerable claimants during the pandemic, face-to-face assessments remain
suspended and the Department has focused on increasing its capacity and capability to do
telephone assessments; broadening the range of outcomes that can be provided for its
claimants. We have now put appropriate quality assurance measures in place, enabling it to
provide all outcomes following telephone assessments.
Following a telephone Work Capability Assessment (WCA), Health Care Professionals (HCP)
are recommending the full range of outcomes to decision makers. This includes Limited
Capability for Work (LCW), Limited Capability for Work and Work Related Activity (LCWRA)
and no LCW.
As part of their decision making, decision makers adopt a holistic and empowered approach,
considering not only the advice provided in the HCP report but also any other information
provided, for example in reports from the GP or support worker. The Decision Making Guide
is the guidance used by decision makers in making their decision.
Therefore, the link to the Decision Making Guidance, as provided in our response to you on 4
February, is the guidance being followed by decision makers when considering the HCP’s
advice. Although the suggested outcomes from the HCP reports from a telephone
assessment have expanded over time, decision makers have followed the business as usual
guidance in making decisions following any HCP reports they received.
If you have any queries about this letter, please contact us quoting the reference number
above.
Yours sincerely,
DWP Central Freedom of Information Team
Department for Work and Pensions
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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.
Web:
ICO Contact Information or telephone 0303 123 1113 or 01625 545745
