WCA Recording Consent Form

John Slater made this Freedom of Information request to Department for Work and Pensions

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The request was successful.

Dear Department for Work and Pensions,

I understand that people wishing to have their WCA recorded are asked to sign a consent form prior to the examination being carried out. If the claimant refuses to sign the form or wishes to amend it they are told that the WCA will not take place and the records will show them as having failed to attend, this placing their benefit at risk.
Question 1: Please provide me with a copy of this consent form.

Question 2: Is the consent form a DWP form or an Atos form?
By signing the consent form the claimant is clearly entering into a contract (the other party clearly depends upon the exact wording of the form).

Question 3: What is the purpose of the agreement that the claimant is being asked to enter into?

Question 4: If the form was created by Atos and the claimant is entering into a contract with Atos has this been approved by the DWP and if so at what level of the DWP organisation was approval given? If sufficiently senior what is the name of the person who gave approval.

Question 5: Was a Minister aware / gave permission that the consent form had been created, that claimants were being asked to sign it and of the sanctions if they refused? If so, what is the name of the Minister?

Question 6: If the DWP has not approved the consent form then why is Atos using it?

Question 7: Are they DWP aware that claimants who do not wish to sign the document are in-effect entering into the agreement under duress as they want their WCA recorded?
It is clear that it is perfectly legal for a claimant to record (overtly or covertly) their WCA with or without the agreement of the HCP (i.e. it is the claimant’s statutory right). There is no legislation that states that a copy must be provided to the HCP.

Question 8: Are the DWP aware that agreements signed under duress, containing unfair terms or attempt to limit a person’s statutory rights are invalid (hence retailers warranty signs that state that a person’s statutory rights are not effected)?

Question 9: Given that the agreement that the claimant is being asked to enter into is invalid why is the DWP asking claimants to sign the form?

Question 10: Please provide me with all data (documents, emails, notes, etc) that the DWP has in relation to the creation and agreement of the consent form.

Yours faithfully,

John Slater

J Newman left an annotation ()

Well done Jim.

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 'WCA Recording Consent Form'.

As appears to be the norm these days the DWP has failed to respond within the statutory 20 day deadline.

Please provide me with the data along with an explanation of why the deadline was breached.

Unless I receive a meaningful response within 20 working days (ICO believes that IRR should be responded to within 20 days unless there are exceptional circumstances and simply ignoring FOIA requests doesn't count).

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

Yours faithfully,

John Slater

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 'WCA Recording Consent Form'.

Last chance before I send this to the ICO. The department should be ashamed that it hasn't even provided an acknowledgement. Is the Department going to provide the data or simply hope that "it will just go away" (as valid approach as any current employed by the Department!!!)

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

Yours faithfully,

John Slater

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DWP DWP Medical Services Correspondence, Department for Work and Pensions

1 Attachment

Dear Mr Slater

Please see your FOI response attached

Kind regards

Health & Disability Assessments (Operations)/Department for Work and Pensions/Room 306/Block 31/Norcross/Norcross Lane/Blackpool/FY5 3TA

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Dear DWP DWP Medical Services Correspondence,

DO NOT IGNORE THIS – LAST CHANCE BEFORE IT GOES TO THE ICO

So that I understand the excuse given for failing to comply with the law. The people who needed to deal with my request received it on the 8th October 2012 but as at 11th December haven’t responded despite the law stating that it has 20 days – astonishing!

As you will see this is not an IRR as the DWP will use it as an excuse to do nothing for at least 20days and probably 40 days. Unless my FOIA request is fully answered by 17.00 on the 17th December 2012 I will escalate this request as a complaint to the ICO.

I have given the DWP ample opportunity to comply with the law on all my FOIA requests but it is now clear to me that the department takes any flexibility related to deadlines generously granted by people as an excuse to simply ignore the request for longer. This is simply another example of the contempt that the DWP holds for members of the public.

I think it is now time that the ICO understands the endemic law breaking that occurs within the DWP.

Yours sincerely,

John Slater

Dear DWP DWP Medical Services Correspondence,

As per my earlier reply I have now submitted a complaint to the ICO.

Yours sincerely,

John Slater

John Slater left an annotation ()

I have now raised a complaint with the ICO regarding this FOIA request.

DWP DWP Medical Services Correspondence, Department for Work and Pensions

2 Attachments

Dear Mr Slater

Please see your FOI response attached

Kind regards

Health & Disability Assessments (Operations)/Department for Work and Pensions/Room 306/Block 31/Norcross/Norcross Lane/Blackpool/FY5 3TA

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Jetset Willy left an annotation ()

AHH I see,
"The DWP retains the right to impose reasonable conditions on recordings"
OK
Therefore as there are indeed two parties in the recording then obviously it should also state:
"The claimant retains the right to impose reasonable conditions on recordings" ??

DWP DWP Medical Services Correspondence, Department for Work and Pensions

1 Attachment

Dear Mr Slater

Please see your FOI response attached

<<Slater IR890 Response Final.pdf>>

Kind regards

Health & Disability Assessments (Operations)/Department for Work and
Pensions/Room 306/Block 31/Norcross/Norcross Lane/Blackpool/FY5 3TA

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