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welfare rights
How to complain about the DWP

The Department of Work and Pensions and its contractors are If the client does not agree with the
known to make errors or treat people badly. You can ask them to response from the independent case
examiner, and the complaint is about a
put matters right and may get recompense, says Charlie Callanan government department such as the DWP,
the client can ask their MP to forward
their complaint to the Parliamentary and
any people with a learning Health Service Ombudsman.
disability are likely to be aware People can also ask their MP to
Mof the failings of the intervene over a complaint to the DWP
Department for Work and Pensions and other agencies. An MP may be able to
(DWP) and the contractors who carry out apply pressure to get the matter dealt with
services on their behalf. more promptly and even raise the issue
Unfortunately, poor administration, with a minister. However, because their
delays and mistreatment of claimants are surgeries are usually busy, MPs are likely
problems frequently associated with this to expect constituents to try to get their
government agency. complaint resolved with the offending
However, rather than continue to put up organisation before contacting them.
with the DWP’s faults, clients have options Clients may be able to seek
to express dissatisfaction, get issues compensation from the DWP if they can
resolved and, in some circumstances, get Advice agencies often hear of assessment show they have lost out financially as a
financial compensation. contractors treating claimants poorly result of the agency’s error or delay.
A client may complain about an issue For example, if a claimant was told by
that has not or could not be sorted out right. This might be to apologise or to take job centre staff that they could not claim
quickly and easily by frontline staff. This steps to prevent the same mistake from employment and support allowance
could include, for example, unreasonable happening again, such as training staff. (ESA), and six months later were advised
delays to and mistakes in benefit claims, a The complaint should be made as soon this information was wrong, they could
lack of information, bad advice and as possible after the issue arose. It can be claim compensation as ESA can be
mistreatment by staff. made over the telephone, in writing or in
Complaints can also be made to DWP person (eg at a job centre). The client
contractors, including the private should note the names of any staff they “ It is possible to seek
organisations that carry out face-to-face speak to when making a complaint.
health assessments for disability benefits. compensation for interest
Advice agencies often hear of poor The process lost on arrears of benefit,
treatment by contractors. These run from Making a complaint about the DWP has expenses incurred and any
clients being turned away from three stages:
assessment centres because appointment l Complaining to the office where the hardship or distress
slots have been overbooked to allegations issue arose ”
that healthcare professionals have made l If the client is not satisfied with the DWP’s
incorrect statements in assessment reports. response, asking for their complaint to go backdated for only three months.
There may be some crossover in the to a complaints resolution manager If the independent case examiner or the
issues involved in challenging a decision l If the client remains unhappy, the Parliamentary and Health Service
and raising a complaint. For example, a complaint is passed to a senior manager. Ombudsman upholds the complaint, it may
client who appeals against a decision that Complaints to organisations carrying out order the agency to pay compensation. It
they are fit for work may also have reason work for the DWP, including private is possible to seek recompense for interest
to complain about how they were treated organisations that carry out face-to-face lost on arrears of benefit, extra expenses
by the health professional who carried out health assessments for disability benefits, incurred and any hardship or distress.
the related work capability assessment. usually involve at least a two-stage All the agencies people contact about
process, with the second stage being dealt benefits have guidance on their websites
What to include with by a senior manager. about how to make a complaint to them. n
Complainants should provide a statement Once a person has been through all the
of what happened, when and where it internal complaint stages, if they remain Charlie Callanan is an adviser and writer
Juan J Martinez/Wikimedia Commons affected them. to consider their complaint; they have to l Department for Work and Pensions
dissatisfied, they can ask the
on welfare rights
happened, who was involved (including
government’s independent case examiner
name/s of staff if known) and how it has
do this within six months of the final
complaints procedure: http://tinyurl.com/
Essential information to provide
qztgjhc
includes the client’s full name, national
response. If the independent case
l Parliamentary and Health Service
examiner accepts the complaint, they will
insurance number, address and contact
Ombudsman – easy read information on
numbers and/or email address.
look at how DWP responded to the
making a complaint: http://tinyurl.com/
Complainants should tell the agency
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what they would like it to do to put things
could be settled.
www.cl-initiatives.co.uk complaint. It can suggest how the matter Community Living Vol 33 No 1 | Autumn 2019 7