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Work and Health Programme: Participants "must" sign action planning evidence or give reason(s) for not doing so?

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Dear Department for Work and Pensions,

RE: Work and Health Programme: Participants "must" sign action planning evidence or give reason(s) for not doing so? Your initial reply 2304 of 31 July 2018 https://www.whatdotheyknow.com/request/4...

WHP guide Chapter 4: Action planning

Your past chapter said

" Ensure the evidence of all interactions are completed, dated, signed
and held for all Participants. If a Participant cannot or refuses to sign,
you must record the reason for this."

It now says:

"3. You are required to complete an Action Plan, which has been agreed and signed by you and the Participant,within 20 days of Participant referral.
Provider memo 09: Amendments to Work and Health Programme Provider Guidance
Updated 18 April 2019
https://www.gov.uk/government/publicatio...

Taking due account of:

"There is no specific legislation that requires a Work and Health Programme (WHP)
voluntary participant to give a reason for declining to sign an action plan. We have asked
providers to note any reasons offered for the refusal to sign but the participant is not forced
to supply a reason. A WHP mandatory participant is expected to comply with any
mandated activities set out in the action plan but again no legislation compels them to sign
or provide reasons for refusing to sign, however, a failure to adhere to the mandated
actions set out in the plan may lead to a compliance doubt referral being raised. "
31 July 2018
https://www.whatdotheyknow.com/request/4...

Please provide updated information on what legislation or any other means that would allow a WHP provider to:

1. make the signing of an action plan, by any WHP participant, a mandatory activity?
2. refer any WHP participant for a compliance doubt solely because they declined to sign the action plan?
3. refer any WHP participant for a compliance doubt solely because they consider any WHP participant is not participating in the WHP and or refusing to undertake any correctly mandated activity included in the Action Plan as they decline to sign the Plan?

What legislation does the DWP now rely upon regarding this new Action Plan requirement for it to be signed "within 20 days" by any WHP participant and does any legislation require any WHP participant to explain reasons they decline to sign to the DWP or any WHP provider?

Note: I am using the term Action Plan to refer to any WHP provider Action planning forms that include the provision of a WHP participant signature, whether the participant be voluntary or referred on a mandatory basis.

Is the information contained in your FOI reply quoted below, still valid and whether this equally applies to a provider led voluntary programme and or one that is both mandatory and voluntary?

Signing provider forms and documents
I can confirm that it is not a mandatory requirement for a participant
of a provider led mandatory programme to sign provider documents and forms.
29 March 2019
www.whatdotheyknow.com/request/557766/re...

Please disclose the information held on why it is a WHP Customer Service Standard (CSS) to require "participant signature" and why "The supplier must send copy of the ESF1420 initial form to an agreed DWP address, by electronic means or otherwise, within five working days of date of participant signature", as stated in Chapter 16: Performance management and compliance monitoring? To quote:

27.The following Customer Service Standards will be measured via a sample-based Compliance Monitoring Regime:

The supplier must ensure that for all ‘Participant Starts’, an agreed Action Plan is in place within 20 working days of the referral.

The supplier must send copy of the ESF1420 initial form to an agreed DWP address, by electronic means or otherwise, within five working days of date of participant signature
assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/740405/whp-provider-guidance-chapter-16.pdf

Can you also provide information that the aforementioned 'Chapter 16: Performance management and compliance monitoring' is only seeking for the Action Plan to "agreed" and "in place within 20 working days of the referral." and that this CSS does NOT require that the Action Plan to be signed by any WHP participant but merely "agreed"?, to quote again:

"The supplier must ensure that for all ‘Participant Starts’, an agreed Action Plan is in place within 20 working days of the referral."

ESF1420

"The supplier must send copy of the ESF1420 initial form to an agreed DWP address, by electronic means or otherwise, within five working days of date of participant signature"

With regards the ESF1420 cited above, please disclose a copy and details of the
legislation or other means the DWP rely upon regarding this ESF1420 requirement
for it to be signed any WHP participant and does any legislation require any WHP participant to explain reasons they decline to sign the ESF1420 to the DWP or any WHP provider?

Please also provide updated information on what legislation or any other means that would allow a WHP provider to:

1. make the signing of the ESF1420, by any WHP participant, a mandatory activity?
2. refer any WHP participant for a compliance doubt solely because they declined to sign the ESF1420?
3. refer any WHP participant for a compliance doubt solely because they consider any WHP participant is not participating in the WHP and or refusing to undertake any correctly mandated activity included in the Action Plan as they decline to sign the ESF1420?

Yours faithfully,

Frank Zola

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no-reply@dwp.ecase.co.uk on behalf of DWP Health Services Correspondence, Department for Work and Pensions

1 Attachment

Dear Frank Zola,

I am writing in response to your request for information, received 18th
April.

Yours sincerely,

DWP Central FoI Team

We don't know whether the most recent response to this request contains information or not – if you are Frank Zola please sign in and let everyone know.