Work Programme, liability insurance & the mentaly ill in the workplace

Mr Taylor made this Freedom of Information request to Department for Work and Pensions

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was partially successful.

Dear Department for Work and Pensions,

Having been found fit for work by one of your mock medical assessment I feel it highly unlikely given my borderline personality disorder and my history that I would be offered employment. Therefore I assume that ultimately I will be in the position of being coerced onto your forced labour schemes under threat of destitution. In order to even attend your work programme I would have to be heavily tranquillised due to my social anxiety disorder which would result in my being a potential danger to myself and others in the workplace.

I would like to request the information you hold outlining the DWP's obligations to consider if they are creating liabilities against business owners taking part in your work programme schemes. It could be easily proven in court that the DWP were fully aware of the existence, and affect, of my medical condition given that the full medical evidence and opinions have been supplied during the course of the WCA. And given the WCA does not find me to not be suffering from my medical conditions, rather it finds that I am judged capable of some work despite my existing medical conditions.

Also who would be liable for any injury I sustained, or caused, due to my impaired state? Given that I would not be an employee, as I would be unwaged (Definition, employee: a person working for another person or a business firm for pay) would the liability fall on the DWP or the business owner? And is the DWP fully insured to cover any such liability?

Yours faithfully,

Mr Taylor

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.

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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
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Dear Department for Work and Pensions,

Please also take the following into consideration when responding to my request.

Although I have no choice other than to supply full details of my medical condition and its potential affects to the DWP as you are a government department, and as I have no alternative other than to allow you access to this information in order that I will satisfy the conditions for entitlement to welfare benefits.
I do, however, expressly deny you permission to supply any of this confidential personal data, relating to my medical condition or its potential affect on myself or any of their employees, to any business that I may be forced to work for without pay.

I therefore do not see how any such business will be able to ensure they will be fully insured against such an unknown liability. Would you therefore also supply me with this information.

Yours faithfully,

Mr Taylor

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...

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References

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

P. Wilkinson left an annotation ()

Hi Mr Taylor,

I have also wondered about how they can take responsibility for sick/disabled people who are being forced into these work programmes. No doubt if anything happened, they would try to place the onus back onto the claimant.

Lowe Debbie LEGAL GROUP INFORMATION-DEVOLUTION AND GOVERNANCE, Department for Work and Pensions

1 Attachment

Dear Mr Taylor

Please see attached response to your FoI request

Kind regards

DWP Central FoI Team

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

1 Attachment

Dear Mr Taylor

Please see attached response to your FoI request

Kind regards

DWP Central FoI Team

show quoted sections