DWP refuse FOI request over deaths.

[osdset]

Mike Sivier of Vox Political made an FOI request to the DWP to provide the number of Incapacity Benefit and Employment and Support Allowance claimants who have died in 2012.

 

Here is the response from the DWP

 

“Upon considering your request I consider it to be vexatious in nature and therefore under section 14(1) of the Freedom of Information Act the Department is under no duty to answer your request.

 

“To be a vexatious request the Information Commissioner’s guidance notes that we should consider, amongst other things:

 

• whether compliance would create a significant burden in terms of expense and distraction
  
• whether the request has the effect of harassing DWP or causing distress to staff.
  

“On your website where you share information about the request you have raised with other people, you have stated “I have therefore, today, sent a Freedom of Information request to the DWP … I strongly urge you to do the same. There is strength in numbers”. With this as the stated aim of the exercise I believe your request is designed to harass DWP in the belief that encouraging others to repeat a request which they know has already been raised will affect the outcome of that request.

 

“Compliance with multiple repetitions of a known request also causes a burden, both in terms of costs and diverting staff away from other work, due to the significant time required to administer these requests.

 

“The ICO also advises that if a public authority has reason to believe that several different requesters are acting in concert as part of a campaign to disrupt the organisation by virtue of the sheer weight of FOIA requests being submitted, then it may take this into account when determining whether any of those requests are vexatious.

 

“As your request is part of a website based campaign I consider that it meets the above criteria and therefore is vexatious in nature.”

 

 

Story http://mikesivier.wordpress.com/

Edited July 9, 2013 by osdset

[citizenB]

Perhaps people should petition their MPs for this information then !

[tomtom256]

Or just send in one request and not make it obvious that you want to waste tax payers money

[fedupandold]

Given that we are talking about sick people, it stands to reason that there will be more deaths than the normal average.

 

It's like asking how many deaths have there been last year involving ESA claimants that were awarded the benefit on the basis that they had a terminal illness and likely not to last any more than 6 months.

 

If the GP/Consultant had diagnosed it correctly - there would have been a death rate approaching 100%!

[antone]

Or just send in one request and not make it obvious that you want to waste tax payers money

 

Indeed. In any case, the real question is not "how many have died while on IB/ESA?" but presumably "how many have died following being found fit for work and while awaiting the result of an appeal against the decision?"

 

But yeah, the government would love to limit or abolish the FoI system, and these kinds of things just give them ammunition.

[tomtom256]

Indeed. In any case, the real question is not "how many have died while on IB/ESA?" but presumably "how many have died following being found fit for work and while awaiting the result of an appeal against the decision?"

 

But yeah, the government would love to limit or abolish the FoI system, and these kinds of things just give them ammunition.

 

Not really as the reason for denying the request was the fact that the website urged everyone to send the same request, which would cause a disruption to the DWP . Ergo if no mention of the website or quotation urging everyone to make the request was within the FOI request and it was just one simple request, then they would have released the information.

 

It's about how you ask, not what you ask.

[nolegion]

I follow that, tomtom256, and conversely...

...there is no provision of law which says that an enquiry which is part of a "website based campaign" should not be addressed properly.

It seems odd to have to remind CAG of that.

[Zonker]

For sake of clarity 14(1) of the foi 2000 act states:

 

(1)Section 1(1) does not oblige a public authority to comply with a request for information if the request is vexatious

 

and oxford dictionary defines vexatious as:

 

causing or tending to cause annoyance, frustration, or worry

 

I have no idea exactly what your website says, but the quoted section seems in the post you made encourages people to make foi requests. From the very limited quoted info I cant see you saying make requests on the same matter.

 

I think honestly they are no fairly shaky ground from their own words , what other requests have been made as a direct result? I believe they still have to do the 'public interest test.' Personally I would ask for an internal review expecting them to justify their actions to be forwarded to the ico for a decision. Just because you have a website that's urges people to make foi requests doesn't make you vexatious and they can consider what they like, they will have to justify it somehow to the ico. Would that make sites like Citizens Advice that provides links to guides on the foi vexatious ?

 

Sorry for the rant but after my experience of foi requests and the 'stinky pile of doodah' replies I have had I seem to get a bit carried away lol

[estellyn]

Indeed. In any case, the real question is not "how many have died while on IB/ESA?" but presumably "how many have died following being found fit for work and while awaiting the result of an appeal against the decision?"

 

 

You'd need both - percentage of deaths of those allocated either wrag or support group, and percentage of deaths of those waiting appeal , I'd also want mortality rates on Jsa just for the comparison.