sanctions and learning difficulties

[mrs nathan fillion]

Hi, my cousin was sanctioned six weeks ago for not updating his cv when he worked for three months til his contract ended. The problem is he has learning difficulties and short term memory problems caused by illness as a baby. The job centre never gave him anything in writing to tell him his cv needed updating or that he was going to be sanctioned, they just did it. I think they are aware of his needs as they have sent him on specialised courses in the past.

I dont know if its too late to appeal the sanction but we at least want to put a complaint in to protect him from now on. It was annoying enough when they tried it with me but they shouldnt do it with someone so vulnerable. Any advice or info to pass onto his mum would be great

[antone]

Six weeks would normally be too late to appeal but in this case I think it would be worth a shot. Late appeals can be accepted (up to 13 months from the decision date) where grounds for the appeal being late can be shown. The grounds here would be that the sanction decision was not notified in writing to the claimant. The basic grounds for appeal would be that the requirement to update the CV was not communicated to the claimant in writing and that it failed to take into account his specific needs as regards his disability. That assumes, of course, that the JCP already knew of his condition. The first step for this would be to request a Mandatory Reconsideration in writing. This can also be done by telephone, but I don't advise it.

 

He could also make a complaint about the matter to the manager at the Jobcentre where he signs on. This should be handled as a separate matter, since a complaint is not an appeal against a decision, and should definitely be done in writing. Make sure the letter states that it is a "Formal Complant" or words to that effect.

[Lapsed Workaholic]

Please check out the FOI response, dated 6 Aug 2013, at this link:

 

https://www.whatdotheyknow.com/request/169236/response/416439/attach/html/3/FOI%203348%20response.pdf.html

 

In particular:

 

Providing a CV, email address or telephone number is not mandatory, therefore is not sanctionable.

 

However, a Jobseeker's Allowance claimant may be issued with a Jobseeker's Direction, requiring them to take a reasonable, specific activity that will help them find work, e.g. getting a CV, telephone number or email address will help a claimant get a job. The decision to issue a Jobseeker's Direction must always take into account the claimant’s individual circumstances.

 

In addition to pointing out that the appropriate procedures for applying the sanction, even if it were legitimate, was not followed you might advise the office responsible for this iniquity:

 

On the basis of the DWP’s imposition of a sanction/penalty contrary to the principles of the Data Protection Act and total disregard for privacy of home life and correspondence in accordance with the Human Rights Act, not to mention their own Code of Conduct, please be advised that this is formal notification requesting that the sanction/penalty imposed on me be referred to a Decision Maker and comprehensive details of the adviser's opinions as to it's appropriateness be attached. I also insist on being given the opportunity of forwarding to the Decision Maker my objections and why I regard the adviser's action as inappropriate.

 

Not only has the adviser [Name him/her] acted illegally, s/he has failed in his/her contractual obligations to have regard for my personal circumstances of which s/he was fully aware, in fact it is my considered opinion that his/her actions were deliberately premeditated with a view to entrap me.

 

Due to this matter now being in dispute and reconsideration sought I wish to exercise my right to withdraw consent to access to, and retention of, hard or electronic copies of my CV to officers, agents, servants or others of the Secretary of State and that they do not issue a direction, amend my Jobseekers Agreement or make demands or impose penalties in regard to any changes that I may or may not choose to make to my CV.

I hope I can rely on you to comply with your Department's time regulations in responding to this formal request.

I remain,

Etc, Etc.