Flexible New Deal: Who can award sanction doubts?
Post Categories: Action 4 Employment • DWP • Flexible New Deal • Flexible New Deal Sanctions • Flexible New Deal complaints • Mandatory Work Related Activity • TNG • Training Network Group • Welfare Reform • Working Links • YMCA Training • a4e • decision maker • human rights • jobcentre Plus • reed in partnership • uk government • unemployment • workfare
Tags: decision maker, Designation of Employment Officers, Employment Officer, Employment Officer status, Flexible New Deal, Flexible New Deal providers, Flexible New Deal sanction doubts, Flexible New Deal Sanctions, Jobseeker Direction, The Flexible New Deal (Designation of Employment Officers) Order 2009
So, Flexible New Deal providers can give you a fixed sanction… actually they can give variable sanctions too. There is some confusion as to the extent of their powers. Flexible New Deal scandal is going to explain the legalities around this and the people who are able to direct people and who can raise sanction doubts
The Law
The legislation which delegates some powers is called the The Flexible New Deal (Designation of Employment Officers) Order 2009 which delegates Employment Officer status to certain job titles at certain name Flexible New Deal providers.
Technicalities
- Jobseeker Direction – Prior to raising a doubt an authorised person (see bottom list) must provide a notice in writing (yes verbally isn’t adequate) whether this is a letter or Action Plan etc. this must be reasonable to your circumstances and help you find employment or improve your prospects – it has to be signed with a name and job title of a person to authorise it.
- Raise a doubt – An authorised person has to raise the doubt to Jobcentre Plus Decision Maker. This is normally done by phone with paperwork to follow (not exactly correct procedure).
- Decision Maker – This Jobcentre Plus employee will decide whether or not to sanction you. It is very rare they will go in your favour (sanctions are typically automatic) although an appeal could change their mind.
Note:-
- An authorised person can’t raise a doubt if the Jobseeker Direction was issued by an unauthorised person (someone with a job title not listed below)
- An unauthorised person can’t raise a doubt just because the Jobseeker Direction was done by an authorised person
- Sanctions are automatic 99% of the time – Flexible New Deal providers are now “one of them”. There is trust in the relationship and chances are they wont bother checking if the person raising the doubt is authorised or not. It is likely a Decision Maker will authorise a sanction doubt over the phone without seeing the evidence (i.e. the Jobseeker Direction).
- You must appeal to a sanction to raise the question of it being illegal.
- If you have been unlawfully sanctioned you do not have to prove “good cause”- “good cause” is only a defence when a doubt has been raised legally – such as failure to attend due to illness. You must appeal the decision stating the decision was illegal (feel free to ask for help) rather than remaining silent.
Who can award sanction doubts?
Await the list. The Flexible New Deal (Designation of Employment Officers) Order 2009 delegates powers of creating Jobseeker Directions and raising doubts to persons with certain job titles working at specific providers. The job titles vary upon provider.
A & L Training Ltd (Company No. 4815741)
- Personal Adviser
- Employment Adviser
- Caseworker
- Operations Manager
A4E Ltd (Company No. 2631340)
- Personal Career Coach
- Employment Coach
- Team Manager
- Project Manager
- Branch Manager
Action for Blind People (Company No. 26688)
- Customer Adviser
- Personal Adviser
- Employment Adviser
- Caseworker
- Operations Manager
Armstrong Learning Limited (Company No. 5417429)
- Employment Consultant
- National Programmes Manager
- Operations Director
- Creative Industry Adviser
- Personal Adviser
- Employment Adviser
- Caseworker
- Operations Manager
ATS Community Employment Limited (Company No. 4684983)
- Customer Adviser
- Team Leader
- Centre Manager
Autism Plus (Company No. 2098193)
- Personal Adviser
- Employment Adviser
- Caseworker
- Operations Manager
Avanta Enterprise Limited (Company No. 5722765)
- Customer Adviser
- Team Leader
- Centre Manager
Bamsley Metropolitan Borough Council
- Employment Adviser
- Employer Engagement Officer
- Employment Coach
BCTV Enterprises Limited (Company No. 1933576)
- Employment Adviser
- Administrator
- Programme Manager
Beacon Employment (Company No. 2939515)
- Personnel Adviser
- Employment Adviser
- Caseworker
- Operations Manager
[..]
Reed in Partnership Limited (Company No. 851645)
- Personal Adviser
- Recruitment Manager
- Business Manager
- Specialist Adviser (Journey)
Serco Ltd (Company No. 242246)
- Personal Adviser
- Employer Adviser
- Administrator
- Operations Manager
- Quality Co-ordinator
TNG Ltd (Company No. 2795833)
- Business Manager
- Personal Job Adviser
- Personal Adviser
- Employment Adviser
- Caseworker
- Operations Manager
Working Links (Employment) Ltd (Company No. 3943678)
- Performance Manager
- Personal Consultant
- Employment Solutions (Job Search)
- Tutor
- Host
- Administrator
- Business Support Manager
- Partnership and Provisions Manager
- Partnership and Provisions Co-ordinator
- Project Manager
- Team Leader
- Adviser
YMCA Training (Company No. 4379109)
- Performance Manager
- Personal Consultant
- Employment Solutions (Job Search)
- Tutor
- Host
- Administrator
- Business Support Manager
- Manager
- Employer Engagement Adviser
- Training Adviser
- Customer Adviser
- Team Leader
- Centre Manager
Please do not ask for a provider not listed above. I am adding the rest as we speak so this will be updated very soon.
If your provider isn’t listed above please leave a message below and I will add them.
Link Summary
- Flexible New Deal Providers set to defraud Government
- Flexible New Deal Sanction Register
- Jobcentre Plus unlawfully forces Claimants to sign off
- Flexible New Deal: Mandatory Work Related Activity
- Flexible New Deal: Reed in Partnership "Journey" course
- YMCA Training traded without planning permission over 6 months
14 Responses to “Flexible New Deal: Who can award sanction doubts?”
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Hey people people A4E have agreed to pay for mytaxi for the first day only. I was told by dwp that they wkilll talk to me on getting to beacon. They said i could claim the equivalent expense of using a bus. PLEASE NOTE THE GOVERNMENT IS PAYING FOR EVERYONES TRAVEL EXPENSES BY BUS. SO PLEASE IN THE NAME OF GOD USE IT. IF YA DONT IT GOESIN A4E COFFERS
Actually FND I think you could make the readers lives easier.
Tell us WHO can’t force doubt/sanctions on the poor sods going onto FND
Everyone not on the lists!
You need to find out the persons job title – if there is no job title or name and signature (if without a job title and the person actually is within a valid job title then its fine) they aren’t authorised.
So if for example, if an Administrator isn’t on the list then the written notification (Jobseeker Direction) cannot be issued anonymously (i.e. from admin) via a mail merge/template system – unless a name and job title is added of someone authorised – and for that person to sign the letter.
I have to list those who ARE authorised as I don’t have a list of every possible (and which exist) job title combinations for each company of those who aren’t on such list.
This list has been long overdue. I am trying to push forward with anti-workfare sites… but have added Reed, Serco, TNG, YMCA Training etc. to the above list.
If your provider isn’t listed please create a comment with the name and I will respond to your comment with the job titles.
.-= *** Last post: Workfare: Unenforceable *** =-.
Calder UK Ltd please FND
http://www.calder-uk.co.uk/
One question which needs to be cleared up is how would you go about finding out who raised the sanction @ the FND provider?
Would a “subject access request” http://www.ico.gov.uk/what_we_cover/data_protection/your_rights/how_to_access_information.aspx work? If so who would you have to serve it on and how would this prove/disprove proper process has been followed?
Thanks
For Calder UK Ltd (Limited Company No. 06738692) only a “Jobcoach” can issue Jobseeker Directions (JSD) and raise doubts. I will have to double check this – seems a bit little compared to other providers. I assume a jobcoach is your adviser?
As for JSD – any written notification (letter, Action Plan etc.) your jobcoach (or a jobcoach) issues would have to be signed by them and given along with their name and job title. This means an administrator etc. does not have the authority to do so.
A SAR request yes would indeed be a good option. Send it to the local office of where it applies – it isn’t too important whether you address it generic to the business or to your jobcoach or a manager. If you are lucky to find out the information quickly make sure you include this in your appeal for the sanction. If Jobcentre Plus refuses to reconsider the decision upon this point of law – there isn’t much point sitting tight waiting 6 months+ for an Appeal Tribunal which is unlikely to agree with you neither… waiting for upper tier is just too long process…
I would advise you submit a claim in the Small Claims Court against Calder UK Ltd for around double the amount of the sanction. It is likely that Jobcentre Plus might decide you have good cause (strings pulled by managers) and decide to pay you for the sanctioned period… to get you to drop the case. I would suggest you continue the case and use the Decision Letter issued as evidence for court that the sanction was unlawful – this is the best evidence you can have along with the initial Decision Letters.
If Calder UK Ltd has a problem with Jobcentre Plus allowing the sanction and thus resulting in them being sued; they would have to sue Jobcentre Plus themselves.
Well speedy I found out that my so called career coach advisor at A4E was trying to shaft me from a advisor at the dwp. I just asked. You could reqyest to the dwp that you see all your information on the system as it is your right to see what has been held about you ontheir systems I beleive this is true for the Third party providers as well.
I think if it was me I would go down the freedom of information route. But this is a bit sketchy too as I understand it they would have to ask the person if it is ok for them to see the report you mad.
Simple rule of thumb try it requet the both. Nothing ventured nothing gained. Wors case scenario is it makes paperworkfor the individuals and dwp making the system harder and hopefully choking them in paperwork
Cheers for that
I’m fishing for info atm as there’s some really educational stuff here http://www.dwp.gov.uk/publications/specialist-guides/decision-makers-guide/#vol8 . What I really would like is something like that in relation to FND providers.
As for my FND sanction threat; I changed benefit (so my JSA claim was closed) before a decision maker could rule on it. Although they have reserved the rite to reopen it if I claim JSA again
Ok, what about this.
I got a letter from a Jobcentre “Customer Compliance Officer” earlier this week saying they were coming round any time this morning (a Saturday), because “a query has arisen regarding your benefit”.
So I waited for them and, of course, they never turned up. But as I go out this afternoon, I find a letter hand-delivered in my letterbox from some Customer Compliance Officer claiming I wasn’t in – they will be returning next Saturday morning and if I’m not in then, my benefit will be stopped.
Now I find a number of things suspect about this:
1. Today’s appointment and the next one are scheduled on Saturdays, why not on weekdays?
2. It’s a home visit, why not summon me to the Jobcentre and save themselves the time, effort and money?
3. The buzzer on my door is loud enough to wake the dead.
Probable answer: they’ve decided to sanction me (reason unknown), nothing I say or do will make any difference, so why not just shove a letter through the door saying I’m not complying and pretend it’s my fault.
Fair assessment or paranoid
Basically, to my understanding there is two main elements of the “DWP fraud squad”:
- Customer Compliance
- Performance (?)
Customer Compliance: A Customer Compliance Officer is likely to be dispatched following a complaint to the benefit fraud hotline or online reporting system. The complaint likely concerns an alleged working on a Saturday… I would assume.
Performance: Also called an audit… they come round and make a new claim for benefit demanding papers, bank statements and ID (although your claim is still active). This is the internal fraud processes of DWP.
They have every right to investigate even the silliest of claims. If they end your claim, just create a rapid reclaim via the telephone.
I’ve found a good link on fraud squad harrassment here:
http://www.edinburghagainstpoverty.org.uk/node/21
Thanks to “Funny A4E Photos” for this link
Hi there,
I would like to spend a while telling you my story about my local job centre.
As you can imagine, I am here at the site for a reason, google pointed me in this direction after searching sanctions.
I am 24 years old, determined, motivated, and never let the JC make me angry no matter how frustrated I get with them.
I have been in and out of the JC for approx 3 years, and once before I had a fraud complaint on my name by Mark the security guard who was a total ass, but I love Karma and everyday I see this wasteman spending his pennies at the local bookies, thats right folks, he got what was coming to him, not only that I found out he got sued because someone took him to court for racism.
Muahhaha, stupid little man.
Anyway, I walk into JC today say hello to everyone, because thats they kind of guy I am, I like to stay positive and keep it sweet with them, I know this is the best way, stay keen and keep it clean.
I have been signed on for 6 months now, and for the first time I saw a lady I have never seen before, last week I went to a 1 hour work trial for a job I have been offered.
I have been looking for work still and have had no problems, I go to get my JSA kit, and lo and behold I have gone and left my job log on the table at home.
I explain this to the lady, she pulls out some forms and tells me I have to fill them in. Im like “whoa”, I have anything up to 5 days to sign on right, and she agrees with me, I told her that I will quickly run back home and get the job log.
She tells me its too late and that my job seekers has been sanctioned, at this point Im confused, Im annoyed and starting to get frustrated.
I ask to speak to a manager and explain to her that on the 2nd of August I am starting work and need this money, she tells me there is nothing she can do.
I call over the other manager who was there, explain the situation and he tells me to work it out with the floor mananger.
I am getting no where with this advisor, she was evil! I get on the phone and ring up good old happy Shitford, I mean stratford, they tell me that no sanction has been put on my account.
At this point I gathered from my intution that this evil witch make a wrong assumption and way to quickly, as after I told her I needed to the money to get to my new found job, she kept apologising and saying how sorry she was.
I would love to know if once the Doubt has been raised if there is anyway for the people at the JobCentre to remove it.
After all I did have my log forms when I came back in the evening.
I was told to wait upstairs to speak to the advisor again, but after making a complaint to the floor manager, I told her I wanted to see someone else as she was providing me with inaccurate advice, the manager told me she was doing her job properly and was very assumptious.
I told her she was a bad manager for not taking into account my complaint and for the lack of due dilligence in training her staff properly, lucky for me this rat was the same rat I lost my temper with last time when they put me on fraud, and she tells me I should not have spoken to my advisor ao argumentively, I just laughed in her face for making such an ignorant comment.
She left and I was told to go downstairs, thinking this was going to be a good step in the right direction.
The manager was there and immediately started to accuse me, saying I got angry and was swearing, believe me I have not lost my temper for many years as I now know that loosing your temper is a sign of weakness.
She was terribly rude, she had something to hide, she was lying about everything she was saying, and I even said to her with my finger in her ugly face “You have never been unemployed have you?”, she says I have worked for 23 years, at this point I told her that ignorance is bliss and what goes around comes around, I looked her in the face with the most powerful stance “My mum worked as a legal secretary for 26 years and was made redundant, one day you will too” and when you need help, you will look yourself in the eyes and feel the pain.
They sanctioned me just before I am about to start work, leaving me unable to go to work, they have told me that have doubts I was not looking for work, despite me giving them a job log, and they also contact my employer more than I feel comfortable with, which they will be doing again.
They are refusing me social benefits, they are preventing me from starting my job, I dont know what to do but “threaten them that I will smash the place up” which I wont, but am tempted to.
I was forced to sign the 2 sheets of paper that was given to me for the sanction which I had to ask many questions on, today at 10 was my sign on time, I had everything with me by the evening and they were refusing to sign me on as normal, they told me that I had to complete the forms as they had already commenced this “doubt” action.
Its a joke, its a shambles, its terrible, its what drives me to change my life to help people.
I am truly disgraced by the people who work for this company, this is not the government, we are the government, its people who corrupt the government who are the problem, its the fraudsters, and I dont mean the petty frauds, I mean the big time fraudsters from inside.
This is not a matter of lawful acts, its a matter of whether they like you in there or not, being the loud mouth sod I am who likes to stand up for my rights, they dont like it.
As pissed off as I am, I still made them looking pathetic, one manager was feeling the wrath of my mental ability and begun to shake with fear, her crusty mouth started to dry up and I was feeling good.
This new sanction, is a nice way to select a portion of people, and just cut back on payments more easier.
If you reply or want to comment back, poster feel free to email me with my address, but do not make it public.
Blessings
Thank you for sharing. So many factual accounts of peoples poor experience I hear of these days regarding the Jobcentre and its Partners.
The Jobseekers Act 1995 requires you to produce evidence of what you have been doing to look for work. This can be produced verbally and doesn’t need to be via a “job log”. All verbal instructions provided by you should be accepted by Jobcentre Plus and perhaps even logged down on the system. If they feel that actually. they think you are lying and potentially not Actively Seeking Employment they can request further in depth evidence such as a copy of your covering letter, email delivery receipts or replies, any invite to interview letter or rejection letter etc.
You are absolutely right – sanctions are unlawful… (see the campaign: http://www.unlawfulsanctions.org.uk/ ) and are there to save money. Apparently if you believe the Government about 14% of all income goes on welfare… just imagine what the real amount would have been without benefit sanctions and the bullying etc. that goes on. 25% I think would be a more realistic figure.
If you believe that violence is the solution avoid showing your cards (i.e. dont make threats), dont do criminal damage to Jobcentre Plus (everyone becomes a victim to it and all the unemployed will get a poor name because of it) and simply make any attack of the individual staff member outside of work time when unexpected. Its karma, only a certain amount of their activities they can get away with before it catches up with them. Likewise, the same applies to you and everyone else, leaving out the moral aspects for now…. commit a crime and you could get a criminal record which could ensure you having to attend that place much longer or forever without employment (which is what we all want… a job!) and in the worst case scenario might end up getting attacked in jail.
Out of curiosity, do they request your job log or do they ask what you have been doing to look for work?
Well you could appeal gemini a good way to waste their time and money. And as you got your proof and you have got aswthe side of you so many times it might just stand you in good stead nothing ventured nothing gained. I would also complain to your local mp