Work Focus Interview - read what the Goverment plans

[Mrs_Ryan]

Originally Posted by AwakeNow

Hello Mrs Ryan,

Love your location by the way heh :P

I agree. When my mother was sacked many years ago as an auxilary nurse due to back problems from lifting some heavy elderly, she was told she could not apply for income support as she was still able to work and had not reached pensionable age - all of 2 or 3 years I think it was.

When she did get her pension she was given something like £15 a week (after working for over 30 years) and had to apply for income support. In the end she lost everything and I cared for her until her death.

I don't bear grudges as that's a waste of energy but I do have a strong belief system in getting to the core of the matter and not be pushed aside as being worthless simply because circumstance has thrown an odd ball - I will always put my voice where it matters in whatever way I can.

Why thank you Its getting a little cold now outside that court *shivers*

My mum is basically in the same situation... she trained in the 1960's and worked in nursing until just after I was born in 1980... so obviously there were no fancy hoists or anything back then... the doctors think she is in such a bad way now because of all the lifting and things she had to do back then.... when I started my nurse training in 2005 she told me to make sure i took care of my back so I did. But I just find it really galling *grrr*

AwakeNow, I find it absolutely unbelievable the way that you have been treated. It seems you doing more than a full time job anyway and I realyl hope that you get the reward you deserve in seeing some justice in your case... good luck and keep us posted.

Mrs R xxx

[AwakeNow]

Originally Posted by Mrs_Ryan

Why thank you Its getting a little cold now outside that court *shivers*

My mum is basically in the same situation... she trained in the 1960's and worked in nursing until just after I was born in 1980... so obviously there were no fancy hoists or anything back then... the doctors think she is in such a bad way now because of all the lifting and things she had to do back then.... when I started my nurse training in 2005 she told me to make sure i took care of my back so I did. But I just find it really galling *grrr*

AwakeNow, I find it absolutely unbelievable the way that you have been treated. It seems you doing more than a full time job anyway and I realyl hope that you get the reward you deserve in seeing some justice in your case... good luck and keep us posted.

Mrs R xxx

Thank you Mrs R : - )

I hope your mother find's some respite from all the pain. My mother loved roses so I made her her own little private garden however I'm not great at making paths and her wheelchair kept getting stuck but she loved to see the 'secret garden' and enjoyed the roses and shrubs.

My children also brought her immense joy; I wish your mother the very best.

Maria x

[AwakeNow]

Hello all again,

I have been trying to sort out the figures with charges etc in preparation for when the information returns in response to the S.A.R’s sent out to Littlewoods and Halifax Bank and, to be honest, failing.

I shall keep trying tho and just sorry I am unable to spend much time on these forums at the moment.

I have got an update on Work Focus however and you will be as astonished, I think, as I was when I opened up the letter this morning.

Elsewhere on these forums I have said lies cause the most damage. I have had to deal with lies from many quarters in my past, dealing with issues of racism, violence and other such things, not just from ordinary people like me, but from the public sector such as police and other civil servants.

Except I haven’t had to deal with anything like this is some years and for this to arrive today is a total shock to the system. Their letter is undated as is the envelope except for a date under the address on their letterhead for October 2006 ( I am guessing this is when the office was created).

Here is their letter to me:

http://img91.imageshack.us/my.php?image=falseallegat ionfromjobcyw1.jpg

These allegations are completely without foundation and I would like to get hold of the recorded material. (DSS and other public sections have) of my initial telephone conversation with the person making the allegation – this would bear my own letter of complaint out and surely show who is telling the truth here.

I don’t know how to access the recorded telephone conversation so do I need a solicitor?

This is a copy of my own complaint to the DSS about the person in question, posted Recorded Delivery four days after the initial incident:


COPY OF COMPLAINT

Dear,

I am writing to complain about several aspects of the way one of your staff, (name), has seen fit to handle my case which seems, to me, to be in direct opposition to the rules laid down for claimants. One of the aspects of my complaint addresses the problem of being a carer first and foremost and a lone parent second.

In the first instance, when I received the work focused interview appointment, I rang (name) to explain how difficult it would be for me to attend and further explained my circumstances of looking after my mentally disabled son, for which full documentation is held on file by the DSS, and therefore clearly accessible, if necessary, to confirm my statement. I gave her details of how I was the sole provider of care without any help from any other source. (name’s) response was that I had to attend.

As the conversation lengthened I realised there appeared to be some kind of barrier to communication with (name) as she seemed unable or unwilling to understand the extent of my caring responsibilities and went into greater detail, explaining how my son has been unable to leave the house in over two years (a fact that has also been documented elsewhere by the DSS) which defines how I live, almost as a prisoner I put it to her.

(name’s) response was “You do shopping, don’t you?” Hardly the appropriate response I would suggest.

I replied that of course I do shopping, on line. Once again she said no matter I needed to attend the interview.

I went on to give (name) details of how previous Work Focus Interviews were conducted, such as over the telephone, as well as deferred. (Name) told me she could not conduct the interview in this way, insisting I would have to attend in person. I thought there may be an issue with identity over the telephone as no reason was given why this option was refused.

I have since learned (after reading through the relevant Provider Led Pathways to Work Guidance and which relevant sections have been copied below throughout my complaint for your convenience unless stated otherwise) that Section 12 of Section 3 - Mandatory Work Focused Interview Process would have eliminated any concerns over the issue of identity as it sets out steps to ensure identity of the claimant and would therefore query her statement of not being able to conduct the interview over the telephone as no reason was given.

I went on to suggest that the interview take place in my home. (Name) empathically said no, I had to attend the interview at (Place Name), again without offering any reason for her refusal.

I have since learned that this statement is not strictly true as shown by Section: Location of the Work Focused Interview for which I include in its entirety for your convenience:

21. There may be occasions when it is unreasonable to except the customer
to attend the Work Focused Interview at your premises because the
customer’s personal circumstances are such that it would cause undue
inconvenience or endanger their health. In these cases the interview can
be conducted in the most suitable place for the customer.

I believe it was unreasonable for (name) to keep insisting my attendance despite being made aware of the circumstances several times during this initial conversation.

After telling her how difficult it would be for me, I explained the only person I could think of to help look after my son in my absence would be my daughter, (not an ideal candidate for personal reasons but far better than having my younger, 14 year old, daughter supervise) although she attended college in her own right which would make it difficult for her to help if the appointment date was the same as a college day and I would need to try and find a way of contacting her.

(Name) did agree this would be what I had to do and to telephone her back if I was unable to make arrangements with my daughter and once again stated that I would have to attend the Work Focus Interview. She abruptly ended the conversation stating she had a customer waiting and if I wanted I could talk to her manager but in any case I would still have to attend.

I believe (name) acted in total disregard of Section 12 of Section 21 whereby it states it would be unreasonable to expect the customer to attend the Work Focus Interview if the appointment caused undue convenience – I would suggest (name’s) insistence upon my attending despite my reasoning otherwise falls into this category.

In any event I was able to secure the services of my daughter, with her partner, for the date set of the interview.

Over the weekend I had a flare up of a chronic condition which led to an abscess in my mouth becoming painfully inflamed and for which I took the necessary remedies to keep it as much under control as possible in preparation for the interview.

As I was unable to speak much because of the pain and the extent of the inflammation, I deemed it advisable to write out a statement (which I signed and dated) inside a report to hand over to (name) when I attended the interview.

I enclose a full copy of my statement and report handed over to (name) at the time of our meeting.

On this report I made the first statement that nothing has changed in my circumstances since my last Work Focused Interview, which has been used in previous meetings as shown below.

This simple statement clearly determines that since nothing had changed in my circumstances since the last Work Focus Interview, there wasn’t anything that could be added.

I suggest that this statement shows there was no benefit to me, as a claimant, nor to the participating Interviewer, to continue as (name) would have had access to all of the previous data held on me for the purpose of holding the Work Focus Interview itself, including that from last year [whereby I suggested, at that particular interview, the only time change would occur in my circumstances that would make me unconditionally a Lone Parent Claimant rather than a Carer and Lone Parent, would be in the event of my son’s death, whereby the DSS and appropriate departments would be alerted immediately if such was the case].

I also added sections from the relevant Government papers regarding the workings of Carers and how this affects Lone Parents in accordance with Government Ruling as (name) seemed to be unable or unwilling to understand any of my concerns in my initial conversation with her.

At the interview, for which I was on time as I had procured a taxi, I explained to (name) that I would not be able to talk much due to my having a mouth abscess, the effects of which could be clearly seen (the left side of my face was still puffy, with discolouration around the eye socket, which I believe would be apparent to anyone facing me for some time despite my attempts to hide it with the aid of make-up, while the left side of my mouth was drooped down with a small amount of saliva drooling down). Not the best way of conducting an interview if it hadn’t been for (name) frequent insistence that I had to attend.

I managed to speak, although admittedly some of my words may have seemed garbled due to my mouth being in this poor condition, and physically pointed to the relevant sections of the statement and report for (name) to see first hand.

During the conversation (name) constantly interrupted me stating I had to sit down and answer her questions. I once again tried my very best to explain the nature of my present condition as well as the facts of my case whereby no circumstances had changed and in all honesty this would result in no change to my case file.

(Name) appeared to be unwilling or unable to comprehend me or my report and in the end, I realised that no matter how hard I tried to communicate with (name), all my attempts would be doomed to failure as she constantly interrupted me with the demand that I sit down and answer her questions.

I did as demanded and sat down whereby (name) started to ask me questions which already had been asked at the Initial Interview and for which all answers are held on file; so once again I tried my very best for (name) to see reason, explaining the above and asked her to re-consider the interview as complete as my circumstances remained unchanged, however these further attempts also failed.

I got up and told her I really couldn’t undertake any more and added I had a taxi waiting, she interrupted and said something along the lines of ‘that’s too bad you have a taxi outside as you need to sit back down and answer these questions’. I told her I wouldn’t be bullied.

(Name) raised her voice stating I had refused to take part in the interview and my benefit would be affected. I responded that I not refused, I had tried my very best to fulfil her conditions and she would not listen to anything I had to say. I added she had my statement and report and if there was anything I could have added to support my claims I would have done but for my being compromised by my condition. I also explained that any work process did not apply to carers as it was voluntary as they were already working 35 hours or more weekly providing care. (Name) negated this by stating I was refusing to answer her questions that everybody had to take part. I interrupted her saying I had taken part, I had paid for a taxi fare to take part and I was not refusing to take part but rather she was not listening to me. I then said ‘Goodbye’ and I left.

Not once did (name) give credence to my vocal or written statements.

I have never felt so humiliated and so disappointed at another human being’s seemingly inability to reason, especially when they are in a position of public service working on behalf of the government.

Today I received Notice (dated 10th April) of my failure to participate in the Work Focused Interview with a signature I cannot read followed by the name (of person).

I do not believe I have failed to participate. I fully appreciate that for the nature of new claimants, whereby no appropriate data would be on file to the Interviewer to assess the current situation for the new claimant and help gear that new claimant, if applicable, to a work programme, a lengthy interview might need to be conducted with all questions answered.

I believe this does not apply to my case, with full data on file from previous Interviews conducted, via telephone and otherwise, and where latter Interviews were processed by a simple acknowledgement of my circumstances remaining unchanged as that is all was called for, except in one instance of my suffering depression, which was a change in circumstance, duly noted at the time. As this occasion showed no change in circumstance, there could be nothing added to the interview except that there had been no change.

I have looked at the relevant section of questions which are given to claimants at the interview. I have for your convenience included them here:

The Work Focused Interview
28. It is your responsibility to conduct and decide if the customer has attended
and participated in their interview. Explain the purpose of the interview
and that as part of the regulations the customer is required to actively
participate in discussions, which may include:
• educational qualifications;
• employment history;
• aims for future employment;
• skills;
• work–related abilities;
• caring / childcare responsibilities/barriers;
• medical conditions that disadvantage them or restrict their ability to
move into work;
• paid/unpaid work currently engaged in; and
• vocational training they have undertaken or wish to undertake.
29. Information should be reviewed and incorporated into an updated Action Plan.

All of the above has been fully answered at the very first Work Focus Interview and were not applied in latter interviews but rather taken from the initial data, with only the remaining change of circumstance being affected in consideration of my being a Carer.

Being a Carer is considered by the Government as looking after someone for 35 hours or more, these are full-time working hours with those on a low income or no income being given Carer’s Allowance and as such for the purposes of employment is, as I understand it, taxable. Obviously this Allowance alone could not make up to a full income and unless there was scope to add to the Income some other way, Income Support Benefit would be needed.

I would refer you to the following relevant Sections, from Provider Led Pathways to Work Guidance Section 3 - Mandatory Work Focused Interview Process whereby I suggest the circumstances of my case would make it feasible to waiver attendance to a Work Focus Interview in the first place.

3. When arranging all Work Focused Interviews it is your responsibility to
consider if it is appropriate to conduct the interview, as there may be
occasions when a Work Focused Interview needs to be deferred or the
customer is no longer required to take part in the intensive Work Focused
Interview regime. In this section these occasions are referred to as a
deferrals and waivers.

17 Deferral / Waiver of Work Focused Interview Appropriate

17. There may be circumstances in which it would not be reasonable to
expect the customer to attend a Work Focused Interview and a deferral or
waiver can be made at any stage in the Work Focused Interview process.
See Section 4 - ‘Work Focused Interview Deferred and or Waived’.

Due to the reasons outlined above in my Complaint as well as this section from the Home Welfare Reform:

Home Welfare Reform Chapter 3: Helping lone parents Paragraphs 19-32
Chapter 3 Helping lone parents

25 We recognise that for some lone parents, for example those with additional caring responsibilities, work-related activity may not be an immediate option. Participation will therefore be voluntary – if a lone parent decides not to do any work-related activity, their entitlement to Income Support will not be affected, but they will not qualify for the extra payment.


I believe (name) has acted unreasonably throughout in my case. I look for a full investigation into this matter as an urgent requirement before any further processing of my claim can de done, and look to have the Notice held against me, made by (name), withdrawn.



Yours faithfully,







I have tried to track the postal date of the Recorded Delivery and it only comes back as no information available online yet - so I shall try again later.


I find it suspicious that the recorded delivery complaint has not been signed for as yet as it is several days since it has gone 1st Class. I suspect DSS have got the letter and they are trying to cover up their poor behaviour with lies.


What, however if they have not received the Complaint? Why would they go to so much trouble to lie about proceedings? Especially if I can get hold of the recorded conversation I had with the officer which underlines my complaint and back's up the truth?


I had a quick look to see what verbal abuse could mean in this instance (as certainly no threat or foul language was used) and came back with this:

definition of verbal abuse / definition of verbal abuser

So what do I do? I need my name cleared from this terrible situation - how do people feel when they make such false claims in order to cover their own behaviour? I make my stand as being a carer and get landed with nothing less than vile allegations; its not right.



Anyone have any advice as to where do I go from here? Thank you if you can help shed some light on this situation.

[JonCris]

I suggest you see your MP at the earliest opportunity.

I normally don't have lot of time for todays MP's but DWP hate it when they become involved cos they tend to seek answers higher up the food chain causing the DWP jobsworths lower down to sit up & take notice

[AwakeNow]

Originally Posted by JonCris

I suggest you see your MP at the earliest opportunity.

I normally don't have lot of time for todays MP's but DWP hate it when they become involved cos they tend to seek answers higher up the food chain causing the DWP jobsworths lower down to sit up & take notice

Thank you JonCris,

That's certainly a consideration however it still leaves me to face an unfounded charge which can only be proven to be false, to some extent, by the original telephone conversation.

Otherwise it will be a case of my word against a government body and I know which way that usually ends up.

Meanwhile I still have a Notice of Non Participation against me which could affect my benefit, especially given the new circumstances of their false allegations.

Maybe a solicitor will be able to get hold of this recording (if it exists?) which will go a long way to show I'm telling the truth?

[The GodMother]

the recording will still exist and you can apply for all of your DWP records by writing to your local offices mamnager and asking them to give you the information.

State they have 40 days from the date they recieve the letter and if they dont supply the information you will seek the information threw the courts in necessary.

trust me it does work as i hvae done it.

Your royal mail trcking problem.

It can take a few days for it to come online as it will need to be scanned and processed.

[AwakeNow]

Originally Posted by The GodMother

the recording will still exist and you can apply for all of your DWP records by writing to your local offices mamnager and asking them to give you the information.

State they have 40 days from the date they recieve the letter and if they dont supply the information you will seek the information threw the courts in necessary.

trust me it does work as i hvae done it.

Your royal mail trcking problem.

It can take a few days for it to come online as it will need to be scanned and processed.

Brilliant stuff, The Godmother, then that is what I shall do. I shall do another recorded delivery and hope I can get the recording of the phone conversation as this would confirm my complaint letter and prove my statement then it would be easy to show if no abuse took place there verbally there would be no reason for abuse to be given in person.

I think sometimes we should arm ourtselves with minature recording devices whenever we speak to anyone serving in a public office.

Hope you are well : - )

Maria x

[The GodMother]

Hi Maria

yes i am fine. a bit sore mainly back but fine.

they dont like u recording the convos and will refuse to speak to you until the recorder is not used. I know as i have tried this. but if you record without there knowledge then that is there problem if they want to get funny.

Hold that letter for now as i think i have the addy of the data protection office for you to send the request to.

Give me a few hours, tescos is due between 3-5 and cant let the OH see me standing on a chair to reach the file as he would pass me the wrong black folder Marked DWP.

[JonCris]

I really do think you should see your MP

Some are very good & they can call these people to account much sooner than sending a Subject Access Request. Tell them about the recording & whilst you may have difficulty obtaining it they wont

[AwakeNow]

Originally Posted by The GodMother

Hi Maria

yes i am fine. a bit sore mainly back but fine.

they dont like u recording the convos and will refuse to speak to you until the recorder is not used. I know as i have tried this. but if you record without there knowledge then that is there problem if they want to get funny.

Hold that letter for now as i think i have the addy of the data protection office for you to send the request to.

Give me a few hours, tescos is due between 3-5 and cant let the OH see me standing on a chair to reach the file as he would pass me the wrong black folder Marked DWP.

Heh heh thanks so much and sorry bout the backache.

Yea I wish we had something to record the bad ones at their jobs - might be able to get them out of the mainstream and into something they could handle better - like sweeping the roads maybe :P

[AwakeNow]

Originally Posted by JonCris

I really do think you should see your MP

Some are very good & they can call these people to account much sooner than sending a S.A.R - (Subject Access Request). Tell them about the recording & whilst you may have difficulty obtaining it they wont

Thank you Jon I shall write a letter with the whole saga to the local MP but, I have to admit, I dont hold much hope.

I had to ask the MP before for help, along with Energywatch when my ex decided to off load the bills into my name and the utilities allowed him - I spent most of my time explaining the situation to Energywatch and the MP while they came back and told me it was a bad situation but nothing much could be done - this went on for a year until the situation resolved itself when I said enough was enough and I would get legal on the utilties making a very public case of it and it set itself right, in the end.

Why can't they (people in public services) just tell it as it is rather than make up stories to excuse their own shortcomings? Be a much simpler world, wouldn't it.