Updates suspended April 2013
Work Programme forms you do NOT need to sign:
The generic term Action Plan
1 refers to an ‘action planning ‘ document the DWP requires all Work Programme providers to use, which as a minimum must contain all mandatory activities.
2 Action Plans are also being used for Mandatory Activity Notifications, so long as they comply with DWP provider guidance on mandation
3. See Question and Answer
No: (1)
“I would advise you that the signing of a Work Programme provider’s action plan…form are entirely voluntary and no sanctions would be applied to any claimant who refused to sign them. A sanction may only be applied if a claimant, without good cause, failed to participate in the Work Programme by failing to undertake an activity mandated by the provider which is aimed at moving them closer to employment. The signing of the above mentioned forms is not classed as such an activity. ”
Source: DWP Letter – 31 August 2012
“Action planning is an important part of this and providers will discuss and seek agreement with participants about work-related activities that will offer best prospects of employment…there is no requirement for this to be recorded in a signed action plan…”
From: Letter from DWP – 16 February 2012
Hot tip: When attending any Welfare to Work(fare) induction or initial appointments you can say you need to take home any documents before your sign them, as you need to review them and get independent advice. This helps remove the sometimes bullying pressure to sign documents and should make it easier to exercise a decision not to sign.
References:
[1] Sample Action Plans: From All Prime Providers, such ‘Steps to Success’ by Avanta, ‘Into Work Plan’ by Working links.
[2] Chapter 3b – Action Planning
[3] Chapter 3a – Mandation
When attending any Welfare to Work(fare) programme you should never sign any standard consent form
,1 like the one devised by the DWP.
2 Provider guidance states this form “
cannot be altered in any way because it contains the appropriate legal wording“, even so providers do alter it to include additional extensive personal data sharing clauses, such as A4e.
3 A short video
4 has been produced to explain the significance of this form, as well as one showing A4e oxymoron bullying to sign it.
5
“If I am in receipt of any benefits, my entitlement to these benefits will not depend on whether I choose to give consent [sign] or not. My placement on any programme with (Providers ) and any employment or future offer of employment will not depend on whether I choose to give consent [sign] or not.
I can withdraw my consent at any time by writing to (Provider). ”
From: DWP template consent form – 16 June 2011
Hot tip: When attending any Welfare to Work(fare) induction or initial appointments you can say you need to take home any documents before your sign them, as you need to review them and get independent advice. This helps remove the sometimes bullying pressure to sign documents and should make it easier to exercise a decision not to sign.
References:
[1] Sample consent forms from all prime providers.
[2] Annex 1, DWP Provider Guidance Chapter 5 Evidencing/Validating Payments – Job Outcomes & Sustained Job Outcomes
[3] A4e version 1 of consent form, version 2.0 includes the additional clauses:
I confirm that:
- I have received an explanation of the above and been given the relevant information.
- I understand the above information and my responsibilities under the programme.
- I agree to my personal details, including CV’s, being shared, in hard copy or electronic format, with Jobcentre Plus,
the Department of Work & Pensions, the European Social Fund and legitimate organisations or employers.
- I understand that my personal details may be used for the following purposes: -
1. To improve my employability
2. Collation of Management Information
3. Evaluation of the programme including statistical analysis (during and after)
[4] http://youtu.be/-XLn2RLSbjw
[5] http://youtu.be/bR1wFHzplYI
You do not need to sign any Declaration. The DWP has not issued any specific provider guidance on Data Protection, though they have requested them to develop consent based declarations.
1
“Please be aware that not signing this form will not affect your benefits or your access to this programme. ”
From: Ingeus personal data sharing declaration
Hot tip: When attending any Welfare to Work(fare) induction or initial appointments you can say you need to take home any documents before your sign them, as you need to review them and get independent advice. This helps remove the sometimes bullying pressure to sign documents and should make it easier to exercise a decision not to sign.
References:
[1] DWP generic provider guidance
“Therefore to comply with Data Protection legislation, Providers must have a customer declaration…Your organisation needs to make it clear to customers that giving consent [signing the form] is voluntary and that refusal to give consent [signing the form] or withdrawal of an existing consent will not affect any benefit they may be entitled to.”
Do not sign any Work Programme formal Agreement forms.
1
“I would advise you that the signing of a Work Programme provider’s…agreement form are entirely voluntary and no sanctions would be applied to any claimant who refused to sign them. A sanction may only be applied if a claimant, without good cause, failed to participate in the Work Programme by failing to undertake an activity mandated by the provider which is aimed at moving them closer to employment. The signing of the above mentioned forms is not classed as such an activity. ”
Source: DWP Letter – 31 August 2012
Hot tip: When attending any Welfare to Work(fare) induction or initial appointments you can say you need to take home any documents before your sign them, as you need to review them and get independent advice. This helps remove the sometimes bullying pressure to sign documents and should make it easier to exercise a decision not to sign.
References:
[1] Sample agreement forms
“I confirm there is no requirement for any Work Programme participant to sign any documents from the provider…”
From: DWP Labour Market Decisions (Appeals and Sanctions) letter 20 July 2012
If you are presented with other forms and it is suggested you must sign them or you could lose benefits, ask for a written Mandatory Activity Notification (MAN) that states the form must be signed. Any MAN must comply with DWP provider guidance on mandation1.
Hot tip: When attending any Welfare to Work(fare) induction or initial appointments you can say you need to take home any documents before your sign them, as you need to review them and get independent advice. This helps remove the sometimes bullying pressure to sign documents and should make it easier to exercise a decision not to sign.
References:
[1] Chapter 3a – Mandation
Questions and Answers
Yes, so long as you have been given a written Mandatory Activity Notification (MAN) that complies with DWP provider guidance on mandation1. Action Plans are also being used for MANs, but it is unclear whether they comply with DWP guidance.
If you do get a sanction doubt raised against you, have a look at these useful sanction busting tips2 and resources3.
You are under no obligation to sign any new or revised Action Plan.
The generic term Action Plan4 refers to an ‘action planning ‘5 document the DWP requires all Work Programme providers to use, which as a minimum must contain all mandatory activities.
“I would advise you that the signing of a Work Programme provider’s action plan and/or agreement form are entirely voluntary and no sanctions would be applied to any claimant who refused to sign them. A sanction may only be applied if a claimant, without good cause, failed to participate in the Work Programme by failing to undertake an activity mandated by the provider which is aimed at moving them closer to employment. The signing of the above mentioned forms is not classed as such an activity. ”
Source: DWP Letter – 31 August 2012
References
[1] Chapter 3a – Mandation
[2] Sanction-appeals
[3] Sanction busting – appealing Work Programme sanctions
[4] Sample Action Plans: From All Prime Providers, such ‘Steps to Success’ by Avanta, ‘Into Work Plan’ by Working links.
[5] Chapter 3b – Action Planning
In terms of anything you have agreed to in terms of consent you could withdraw consent in writing, using this template letter:
http://www.consent.me.uk/workfareconsent/
You are under no obligation to sign any new or revised Action Plan.
If a provider says you must sign a form or you could lose your benefits, request them to put it in writing using a Mandatory Activity Notification that complies with DWP policy on Mandation:
http://www.dwp.gov.uk/supplying-dwp/what-we-buy/welfare-to-work-services/provider-guidance/work-programme-provider.shtml
If a provider says you must sign a form or you could lose your benefits, request them to put it in writing using a Mandatory Activity Notification that complies with DWP policy on Mandation:
http://www.dwp.gov.uk/supplying-dwp/what-we-buy/welfare-to-work-services/provider-guidance/work-programme-provider.shtml
This sort of unlawful threat is also a form of bullying and under a
public interest defense you would be in your rights to secretly audio or video record the bullying to form the basis of a complaint or justify publication
1.
“Claimants [were] bullied into signing an agreement to supply prospective employers’ details, for the provider to claim a job outcome payment.”
Source: National Audit Office May 2012 report ‘Preventing fraud in contracted employment programmes’
“…an individual can carry out covert recordings without being in breach of the DPA [Data Protection Act] as long as the information is for their own personal and domestic use.”
Source: Information Commissioners Office Letter – 26 September 2012
References:
[1] Data Protection Act (1998) Section 36 exemption
“Personal data processed (recorded) by an individual only for the purposes of that individual’s personal, family or household affairs (including recreational purposes) are exempt from the data protection principles and the provisions of Parts II (individual rights) and III (notification).”
Are your patients recording you?
“Dentists are warned that the law offers little or no protection from patients covertly recording consultations.”
“I can confirm that there is no requirement to sign to confirm receipt of a Jobcentre Letter.”
DWP Letter – 17 February 2012
“…and there is no requirement to obtain a participant signature. The same applies to attendance at Work Programme induction sessions and receipt of documents.”
DWP Letter – 17 February 2012
“…and there is no requirement to obtain a participant signature. The same applies to attendance at Work Programme induction sessions and receipt of documents.”
DWP Letter – 17 February 2012
This sort of unlawful threat is a form of bullying and under a
public interest defense you would be in your rights to secretly audio or video record the bullying to form the basis of a complaint or justify publication
1.
“Claimants [were] bullied into signing an agreement to supply prospective employers’ details, for the provider to claim a job outcome payment.”
Source: National Audit Office May 2012 report ‘Preventing fraud in contracted employment programmes’
“…an individual can carry out covert recordings without being in breach of the DPA [Data Protection Act] as long as the information is for their own personal and domestic use.”
Source: Information Commissioners Office Letter – 26 September 2012
References:
[1] Data Protection Act (1998) Section 36 exemption
“Personal data processed (recorded) by an individual only for the purposes of that individual’s personal, family or household affairs (including recreational purposes) are exempt from the data protection principles and the provisions of Parts II (individual rights) and III (notification).”
Are your patients recording you?
“Dentists are warned that the law offers little or no protection from patients covertly recording consultations.”
It is suggested you put any complaint in writing and tell your provider you prefer all contact concerning the complaint to be by Email (
with read receipt tracking) or
Signed for recorded delivery. Some providers complaint procedures can be found at:
http://www.whatdotheyknow.com/request/work_programme_complaints_proced and
http://www.whatdotheyknow.com/request/full_work_programme_complaint_pr
Most people age 25+ are referred to the Work Programme after being on Jobseekers Allowance (JSA) for 1 year. Other groups of people on JSA can be referred after 3 months, some 9 months, as well as immediately for Prison Leavers claiming JSA before or during first 13 weeks of release and once the outcome of a Work Capability Assessment outcome is known for some people on Employment and Support Allowance.
The full list of ‘Work Programme (WP) Claimant Groups’ can be viewed in Annex A of Chapter 2:
http://www.dwp.gov.uk/supplying-dwp/what-we-buy/welfare-to-work-services/provider-guidance/work-programme-provider.shtml
