ESA Assessment Form and Work Programme Complaints

[pepper79]

Hello again all. I hope you dont mind, but I have a double question for those in the know.

 

Q1: I have to send off my ESA Assessment form (ESA50) off in a few days and need help with one thing. I am due to move from south to north but have no date to move as of yet but it should come very shortly as we are in the final stages of selling our house. What do I put in the part where it asks me if there are any dates in the next 3 months that I cant attend a face-to-face assessment? Do I say the truth? If so, how much time can I put that is realistic and acceptable from their POV?

 

Q2: I have been on ESA since 22nd of April and was claiming JSA before that. I was on the Work Programme before that and was signed over to a new provider - Learndirect. I told my advisor at Learndirect that I had been signed onto ESA so would not be attending their appointments, I kept getting appointments from them so had to resort to telling them the rules and how because I am on ESA, my WP attendance should be treat as voluntary, they agreed and told me to send them copies of my sick notes. Which I didnt as Ive had enough on my plate without remembering to send them things they dont NEED to see. Anyway, today I received a text from my lovely WP advisor who said she is sending me an appointment for next Wednesday - no mention of "if you are still claiming ESA then no need to attend" etc. I am getting sick of their hassle and blatant breaking of the government rules so I am going to complain,can anyone point me in the right direction who I complain to? Their constant bothering me is making my condition worse and I dont need it right now as Ive just had to change medication and my stress levels are through the roof as it is.

 

Thanks all for you help!

[reallymadwoman]

1. It is extremely unlikely that you will be called for an assessment any time soon. In most areas of the country the backlog is currently months. Put on the form that you will be moving shortly and that you will advise DWP of your change of address as soon as it is available. When you do move, tell DWP and ATOS (get proof of posting) and that should be enough. If they do send an appointment for your old area (you should get your post forwarded by the post office just in case) then you will need to ring them and remind them that you have moved.

 

2. You need to complain, in writing, to the work programme provider first of all. I believe that if they don't deal with your complaint adequately you can take things higher, but I don't know who to. Copy your complaint to the DWP so that they know what's going on.

[pepper79]

Thanks for your reply, I will indeed put what you have suggested but regarding the complaint - do you know who I should address the complaint to (manager for example)? I dont know names of anyone there other than my advisor who is a cow so dont want it falling into her hands for her to tear it up lol

[Mr.P]

You should have been given a copy of Learndirect's complaints procedures - If you were not given a copy, add it to the list - The first stage would be to address the complaint to the local manager as it is his/her responsibility to ensure staff follow correct procedure. I'd also recommend sending a copy to the Third Party Programme manager at your local DWP office and as back up, another copy to your MP. Out of those three, you should get a response somewhere along the line. If no satisfactory resolution is forthcoming, you then have the option to escalate the complaint to the Independent Complaints Examiner - See DWP WP provider guidance Chapter 16.

 

Might also be worth texting back this "adviser" saying non-compliant notification, .... off. Emails, texts, or phone calls are not appropriate methods for making mandatory appointments (DWP Work Programme guidance, Chapter 3a, page 11, paragraph 41).

[pepper79]

Thanks Mr P for your advice and I will indeed follow it to the letter. I did actually text back my advisor straight away and told her she knew I was on ESA and that wasnt going to change in the near future, thought I would have received an appointment today through the post but nothing, maybe she tore up the letter when she got my text. Im rather disgusted she didnt text me back saying she was sorry for the mistake but we all know its no mistake. Thanks once again!

[Mr.P]

I'm rather disgusted she didn't text me back saying she was sorry for the mistake but we all know its no mistake.

 

If you haven't already worked it out, Work Programme staff never accept responsibility for their mistakes. If you fail to get a letter the day after they posted it with a second class stamp, it is the fault of Royal Mail. Your adviser mumbles gibberish and you have a hard time understanding him/her, your fault for "not engaging".

 

I'm sure others will have more examples...

[Belfaster]

How true. What really irked me when I was sentenced to my two years with Seetec, was the constant changing of advisors without any notification either verbally or in writing. The last "coach" I had didn't even bother to identify herself when she rang me up, just launched straight into a conversation about some mysterious course she wanted me to attend.

[Mr.P]

The last "coach" I had didn't even bother to identify herself when she rang me up, just launched straight into a conversation about some mysterious course she wanted me to attend.

 

Did she bother to confirm your identity first ?

 

If she didn't, I'd have given her some stern advice and point out the errors in her ways.... (round about way of saying 'give her an ear full').

[Belfaster]

I think she did Mr.P, your point is valid however. To be entirely honest I was glad to be rid of Seetec, I only ever spoke to the woman once and moved to N Ireland shortly thereafter. Twelve months with the sods was quite sufficient!