The Work Programme and the law

Response to this request is long overdue. By law, under all circumstances, Department for Work and Pensions should have responded by now (details). You can complain by requesting an internal review.

James Spencer-Gray

Dear Department for Work and Pensions,

I refer to an earlier declaration made by your department.

I refer specifically to the Social Security (Credits) Regulations 1975 and you kindly stated the following: -- A person who is being credited with class 1 National Insurance credit only whilst unemployed, under regulation 8A(2)(b) or 8A(2)(ba), would NOT be in receipt of Jobseekers Allowance.

Therefore can you confirm that all the relevant branches of the DWP complied with the law and that NOT ONE individual was mandated, against their will, onto the Work Programme when they were not in receipt of any cash benefits let alone the JSA/ESA Allowances or even disability benefit. Can you further confirm that had such an mandatory allocation occurred that the individual was forced to remain on the programme and denied their rights as per the terms of the Live Work programme 069 of the 03.09.2012.

The question is not vexatious as it concerns an individuals legal and constitutional rights.
Yours faithfully,

James Spencer-Gray

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...
 

show quoted sections

References

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

no-reply@dwp.ecase.co.uk on behalf of Operations FOI Team, Department for Work and Pensions

1 Attachment

Dear James Spencer-Gray,

I am writing in response to your request for information, received 8
February.

Your response is attached

Yours sincerely,

DWP Operations FOI Team

James Spencer-Gray

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 'The Work Programme and the law'.

My request has been denied as being VEXTIOUS but the original question was based on official public domain documentation and therefore are you suggesting that such documentation is not VALID and therefore can be deemed to be irrelevant as all so called official government documentation can. Documentation published to delude the general public?

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

Yours faithfully,

James Spencer-Gray

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...
 

show quoted sections

References

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

James Spencer-Gray

Dear DWP freedom-of-information-requests,

I note the delay in your response and I have no doubt in my mind this will result in you declining to reply on the bais that the question is vexatious, which would be ironic as the question posed is based solely on official public domain documentation provided by your department.

One can only assume that if this is the case then no one can actually believe anything produced by the DWP.

Yours sincerely,

James Spencer-Gray

no-reply@dwp.ecase.co.uk on behalf of Operations FOI Team, Department for Work and Pensions

1 Attachment

Dear James Spencer-Gray,

I am writing in response to your request for information, received 4
March.

Your response is attached

Yours sincerely,

DWP Operations FOI Team

James Spencer-Gray left an annotation ()

complying with the law doesn't appear to concern the DWP

Sofía Tate left an annotation ()

The Independent Case Examiner (ICE) has confirmed that National Insurance Credits only claimants are not obliged to attend the Work Programme. For example see paras 10, 12, 95, 129 of the following:

http://s000.tinyupload.com/index.php?fil...

James Spencer-Gray left an annotation ()

Dear Sofia,
Thank you for the link but I have a written declaration from the Parliamentary Ombudsman that if an individual was PURELY in receipt of National Insurance credits they were in fact IN receipt of the JSA and thus eligible to be allocated to the Work programme and thus their entire life to be dictated even to the extent of informing you that you should divorce your partner.
Hey hoy what fun but I'm sure the truth will come out eventually as to how the Work programme was manipulated as a political tool and bore no relationship to that endorsed by the European Social Fund.

James Spencer-Gray

Dear [email address] on behalf of Operations FOI Team,

Could you please explain how asking for clarification of official DWP policy can be deemed vexatious?

Yours sincerely,

James Spencer-Gray

Department for Work and Pensions

Thank you for your email.

DWP email addresses are changing and @dwp.gsi.gov.uk email addresses will soon cease to exist.

All future emails should be addressed @dwp.gov.uk. Please update any records you have.

Your email has been redirected, so you do not need to send it again.

For further information refer to : https://www.gov.uk/government/news/goodb...

Please do not reply to this email, as it has been automatically generated from an unmonitored account.

Operations FOI 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.
  
For further information on making Freedom of Information requests please click on the link below.

https://www.gov.uk/make-a-freedom-of-inf...

show quoted sections

John Slater left an annotation ()

Hi James,
The DWP has no obligation to answer your questions once it has explained why it considers your request to be vexatious. Your only option now is to complain to the Information Commissioner.

James Spencer-Gray

Dear Operations FOI Requests,
Further to my earlier email, I have been informed by both I.C.E. and the Parliamentary Ombudsman that it was correct procedure to deny any assistance to those registered as unemployed and purely in receipt of National Insurance credits, I AM PURELY CHECKING TO SEE IF SUCH DECLARATIONS ARE CORRECT.

A rather important point to ascertain as some who have already accumulated 35 years of National Insurance credits who find themselves unemployed are therefore wasting their time and money registering and wasting DWP resources. In this time of austerity confirmation on this point would safe all parties costs if confirmed,

Yours sincerely,

James Spencer-Gray

James Spencer-Gray left an annotation ()

I note that you state that you state that each participant time is 2tailored to their needs, so how can you explain that in the Action Plan provided by my designated work provider, SEETEC, that their was absolutely nothing they could do to assist me and that in their opinion I was totally unemployable within the market they were contracted to focus upon.
So to conclude the tax payer payed a sum of money to SEETEC which even they confessed to being a waste.

Operations FOI 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.
  
For further information on making Freedom of Information requests please click on the link below.

https://www.gov.uk/make-a-freedom-of-inf...

show quoted sections

James Spencer-Gray

Dear Operations FOI Requests,

Could you please give a valid reason as to why you have not complied with time frame mandated by the terms of the FoI Act and therefore I formally request an internal review.

One trusts that to try and circumvent your legal responsibilities you will not revert to your trusty response claiming the question is vexatious rather than to being transparent.

I note that in your public domain documentation you were happy to give a binding legal undertaking to the European Social Fund on the basis of securing substantial funding from them, which obviously included a commitment to respect an individuals rights under the European Convention on Human rights.

Thus I am somewhat surprised that you appear to be unprepared to tender any response to my request.

Yours sincerely,

James Spencer-Gray

Operations FOI 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.
  
For further information on making Freedom of Information requests please click on the link below.

https://www.gov.uk/make-a-freedom-of-inf...

show quoted sections

Operations FOI Requests, Department for Work and Pensions

3 Attachments

Dear Mr Spencer-Gray
 
As previously advised, Section 17(6) of the Act provides that there is no
need for us to issue a
refusal notice if we have already given you a refusal notice for a
previous vexatious request
and it would be unreasonable to issue another one. We consider both of
those conditions to
have been met and therefore we will not be responding to these requests,
or any further requests
of the same nature. As you have now exhausted the Department’s internal
processes for
Freedom of Information requests, we again draw your attention to your
right to complain
directly to the Information Commissioner’s Office, which is set out below
 
The Information Commissioner can be contacted at: The Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9
5AF [1]www.ico.gov.uk
 
 
Yours sincerely
 
DWP Central Freedom of Information Team
 
 
 
 

show quoted sections

References

Visible links
1. http://www.ico.gov.uk/

James Spencer-Gray left an annotation ()

Yet again the DWP are trying to avoid the actions of their own staff, the simple fact is that the programme was, under certain circumstances illegal and in my case breeched Article 4 of the European Convention on Human Rights.
The staff at JOB CENTRES appear to have been motivated by cash and they were richly rewarded in allocating individuals to the programme regardless of circumstance and even if they complied with the correct referral procedures or not i.e. each candidate should have undergone an interview to ascertain their suitability.
The one fact that the DWP and SEETEC concur with my sole allocation was POLITICAL and to drive me into living below the poverty line.
IN THERE A BRAVE SOLICITOT OUT THERE WOULD WISHES TO SEE JUSTICE SERVED AND TO UPHOLD AN INDIVIDUALS LEGAL AND CONSTITUONAL RIGHTS?

James Spencer-Gray

Dear Operations FOI Requests,

Apparently seeking confirmation that the actions of the DWP HAVE TO COMPLY WITH THE LAW is deemed vexatious.

The only logically conclusion is that you believe YOU ARE ABOVE THE LAW.

Yours sincerely,

James Spencer-Gray

Operations FOI 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.
  
For further information on making Freedom of Information requests please click on the link below.

https://www.gov.uk/make-a-freedom-of-inf...

show quoted sections