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    • https://www.bindmans.com/news/neale-v-dpp-the-right-to-silence-citizens-duties-and-coronavirus-regulations   Perhaps the OP should have said nothing - and risked arrest!   "Firstly, the case calls into question the logic behind aspects of the criminal justice response to the public health crisis created by the Coronavirus pandemic...   "Secondly, it is clear that some police officers have misunderstood and misstated their powers, and citizens’ obligations, under the Regulations and at common law...   "Thirdly, the case confirms reasonable excuses for being outside are not limited to those explicitly set out in the Regulations. Police officers considering whether there are reasonable grounds for believing that an offence has been committed under the Regulations so that an FPN may be issued, or the reasonable grounds for suspicion that are necessary for an arrest, should give proper consideration to any explanation given by members of the public (and what a court might think of them) rather than only recognising those exceptions explicitly listed in the Regulations and/or government guidance...   Fourthly, the case is an example of a failure of the CPS review into prosecutions brought under Coronavirus Regulations, which has found that alarming numbers of cases were wrongly charged..."   Above quotes from the Bindman's article, not the decision.  Case arose from the first lockdown and was in Wales.  Same now?  Also was about not being at home - not mask wearing.    
    • No the first LBA was delivered by royal mail, but I responded by email, sorry if I didn't make that clear.   I look at redacting the emails tomorrow, got to get some sleep now.   Thanks
    • ok well that changes things alot. you've accepted one before by email  and now they are doing it again ..   might have shot yourself in the foot until now lets get some 1st aid done.   gonna be a pain to redact but i'm gonna need to see all the emails in/out please in ONE MULTIPAGE PDF from/inc  date of their last PAPLOC   redact them properly !! read our upload guide carefully   you may  think this is immaterial, but its not, esp important is their and your exact wording
    • OK I've looked back at my emails and it appears I've been dealing with shoosmiths since the start of 2019 when they sent a LBA that I'd totally forgot about.   I replied that I didn't recognise the debt and we got into a big letter tennis over the facts.   They then went quiet and then contacted me again in April 2020 asking for income and expenditure details to work out a payment plan with them.   After I responded with my covid comments they went quiet again.   And now they are back with another LBA and I haven't responded to that.   Hope that clears it up. 
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      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
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complaining about UC workcoach


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i was signed on 20th january2020 -16th april 2020 by my gp after my gp also sent for  hospital referral .

 

i handed in my fitnote to my jc and told my workcoach my situation ...then a message came through in my uc journal from my work coach saying i would be getting a medical assessment form through for a medical ..so a few day later the form came i filled it in and sent it back then on 20th february.

 

i had my medical and Failed ..no surprise there ....then i was told by a call from my work coach that from 12th march i was back on jobsearch ...as my failed medical invalidated my fitnote ...i feel like my workcoach pushed my medical app through quick after all i was suppossed to be signed off for three months and not have it binned halfway through ..

 

i was advised by my workcoach to get a fit note in the first place as i have on going  medical problems so what was the point in my GP giving me a fitnote etc if my workcoach had it binned by his hurry to get me off it cos that is what it seems ..

 

my gp not happy with him either ..did have this happen to me after my shoulder surgery my previous workcoach waited until my gp gave me the all clear then i had my medical ... can anyone advise me what to do ..or give me a adress to complain to ..

 

ive been on dwp looking but it says use your UC journal ..which i dont want to do as my workcoach will see it and i want to complain about him not to him ..hes not very nice the best of times 

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Sorry but your solid block of text is very difficult to read.

Please could you post your story in a well spaced and punctuated format so that it is easy for people to read. People want to help you and support you – but it's difficult to read solid blocks on the screen.

Thanks

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I have edited your post to make it easier to read.   

 

What the Work Coach has done, is what DWP would expect of the Work Coach , which is to follow their processes. So any complaint would not be worth the time and effort. 

 

The previous Work Coach may have switched off the work search aspect of the claimant commitment,  but it depends on the situation at the time.  They won't keep switching off the work search requirements, just because of a Doctors fit note.

 

If you want to challenge the health Work Capability decision which found you fit to work, then you need to raise a Mandatory Reconsideration.  

 

https://www.gov.uk/government/publications/challenge-a-decision-made-by-the-department-for-work-and-pensions-dwp

 

In reality, the decision to find you fit for work, just means that you have to search for work and apply for any suitable jobs.  When you apply for any jobs, you would tell any employers that you have a Doctors fit note currently which recommends that you are not fit for work until x date. 

 

Although the Job Centre no longer recognises the fit note,  the fit note is still a valid document to be advised to any potential employers and if they wanted to employ you, you would have a discussion with them about your health, so they could see what work you could do.  

 

So when you discuss your claimant commitment with the Work Coach, you need to discuss what work searching  you are able to perform each week and what type of jobs you will apply for.  If you are not happy with the claimant commitment set by the Work Coach, you can challenge it with the Job Centre duty manager.  If you are not happy with the Work Coach, you can ask for a meeting with the Job Centre duty manager and see if they will change the Work Coach.

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Your work coach can't state that your fit note is invalid as that's preposterous.

 

They should now tailor your claimant commitment  to reflect what is stated on the note. 

 

How UC works is that a fit note may trigger a WCA (work capability assessment) if the condition lasts for more than 3 months. It's automated so a valid 3+ month fit note will trigger the IT to issue a WCA notification (* see side note below)  But before that a valid fit note triggers a round of Claimant Commitment negotiation of what you are now realistically able to do. 

 

If your work coach is ignoring the fit note then a complaint is in order! 

 

Have a read of this https://claimantcommitments.org.uk on arguing the CC and avoiding sanctions. 

 

CPaG also have pre action judicial review templates on this as well https://cpag.org.uk/welfare-rights/judicial-review/judicial-review-pre-action-letters as they think this issue is rampant and needs legally challenged. 

 

 

* it's a big issue with ESA transfers as when the DWP mess up the transfer on to UC (ESA should carry over with the LCW & LCWRA added from day 1) they often ask for new fit notes which if you are long term disabled will naturally be 3-6 months from your helpful GP. So it auto triggers a new and un necessary round of WCA. 

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im on long term sick due to a mc accident three years ago had a shoulder op two years ago but it didnt work so now my gp is referreing me to a diggerent section of hosputal and has signed me off for three months whilst the referral is coming through but my wca assessment didnt take that into account also after my shoulder op i was off for ine moths and still i was sent to two medicals in that time and both medicals failed me and said ibwas fit for work 

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