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DWP - public duty to provide information

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6 years 3 months ago #203258 by 3
Hello,
enquiring on behalf of a friend regarding DWP's public duty or obligation to provide full names in phone conversations, written communication or in response to SARs:

- Which statutory or legal basis exists in order to get full names of DMs dealing with a persons individual / personal benefit decisions either for regular communication on through SARs?
- As far as we are aware, DWP has various documents published such as "Standards of Behaviour" (SOB) which states explicitly "As part of the Department’s customer service policy all customers are entitled to know the name of the person with whom they are dealing." or in the context of SARs the SARG Guide which also states
"Staff names:
The Department’s policy is that in order to present ourselves in a business-like and professional manner, it is important that a customer is given the name of the person dealing with his/her business. Guidance on providing staff names can be found in the Standards of Behaviour Policy."
The SOB is actually based on "The Civil Service code".
In practice, DWP employees often hide behind their first name and even in a SAR response it was recently claimed (without written backup) that redacting staff names was allegedly in line with the DPA and further they stretched it even to declaring staff as "third party" which according to information published by ICO is also incorrect as it states there:
"Although a data controller’s employee to whom information is disclosed will be a “recipient”, they will usually not be a “third party”. This is because the employee will usually be acting in their employment capacity, and so will be acting on behalf of the data controller."

The standard response here on B&W has been so far to take the DPA issue to ICO or the CC. However if the former simply in support of SoS and whilst ignoring their own published information (above) denies there has been a breach of the act to an extent that would validate ICO's intervention and an order by the latter for DWP to provide a full scope of documents is simply deflected by DWP claiming they have done so (despite recent documents the claimant has which they haven't which clearly show that they haven't provided the full scope of documents under the SAR) - what can be done?

(bro58, Gordon, Mrs Hurtyback - how can you be contacted in this context via PM in order to enquire about some further sensitive information which is not to be published on the forum?)

Thanks very much!

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6 years 3 months ago #203261 by Gordon
Replied by Gordon on topic DWP - public duty to provide information
3

I realise that this is dodging the question being asked, but I don't understand what value there is in knowing a Decision Makers full name, they are acting on behalf of the Secretary of State, not as an individual.

We don not support PM on the forum, if you have a question that you don't want to appear in the forum, then mark it as confidential and we will edit it so that it can only be seen by you and the Moderators.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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6 years 3 months ago #203265 by 3

Gordon wrote: 3

I realise that this is dodging the question being asked, but I don't understand what value there is in knowing a Decision Makers full name, they are acting on behalf of the Secretary of State, not as an individual.

Gordon


There have been a number of occasions, where communication between e.g. assessment provider, DM etc. was misrepresented and similar to what you have posted in the past regarding communication with call-centres simply ignored or relevant staff claimed they have not received it, certain staff has allegedly never worked in that particular department (even though they answered the phone there not too long ago) etc.. there are extensively more reasons why it makes sense which have been published online.

Hence a more specific response to the question would be much appreciated!

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6 years 3 months ago #203268 by Gordon
Replied by Gordon on topic DWP - public duty to provide information
3

Rather than worrying about the individuals involved, stick to the communications that have occurred.

If there have been letters sent by the DWP then there will be a record of this on their system, phone calls are recorded. Make a Subject Access Request for the details of this and copies of the letters and recordings.

Letters to the DWP need to have been sent using a tracked post so that there is proof of delivery.

As to the names, if the ICO is not upholding the request, then I don't see where else it can be taken!

The only other thing I can suggest is that they involve their MP, they will have access points to the DWP that a claimant will never be able to use.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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6 years 3 months ago #203273 by 3
Well, even a SAR would not reveal, why a RM first class recorded delivery response to a MR which was sent to DWP's central mail handling site suddenly takes 8 days to be acknowledged as received (and by that exceeding the 30 day time frame for receipt) whereas other less time-critical mail which was also sent RM first class recorded delivery to the same mail handling site gets a read receipt within one working day!
As previously stated, the relevant SARs were made at the time and DWP responded by sending stacks of computer printed statistical data and a miniscule fraction of letters, communication and audit trail reqested. After reminder with no response it went to CC which decided in the claimants favour and still as stated above they just fobbed it off by claiming they provided everything which is not true.
Regarding ICO - others have also published experiences where ICO refrained from further regulatory action against other government departments, hence this seems not to be an isolated incident.
Yes, addressing it through the MP might be an option.

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6 years 3 months ago #203275 by 3
Forgot to mention - my friend's phone calls with call centre staff in particular have often been ignored and especially in circumstances when it was critical, other staff on subsequent calls pretended they could not find the relevant call log / information. As DWP did not provide any call logs / information as part of the SARs despite being requested, hence getting full names would be critical to relate to such phone calls in future communication.

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