DWP Subject Access Request Notice

As previously posted, i SARN'd DWP (as per B&W then suggested wording) following being awarded zero (0) points and lodging my appeal (this was Dec.'11 although I cannot now find a ref to SARN's & DWP on here only for medical records) - i also later posted that i had not received a reply and had asked that they review their decision - before complaining further, it was suggested that i await the outcome of their review - the decision did not change - and still no response to the SARN.

Unfortunately during this time, i then had hallmark symptoms for cancer and was immediately referred to clinic - as this was my second scare in as many years i was extremely worried - it took from late Jan to May'12 to give me the all clear - the relief was nothing short of overwhelming.

I had notified the Tribunal in February'12 that i possibly had 'c', and asked that they bear with me in the circumstances, as my mind was somewhat preoccupied until the various scan results came through. The Tribunal flagged it to DWP. The earliest date for any appeal to be heard was given as being after mid-September anyway. No notice has been received.

Despite the stunning relief of negative results (three diff scans), the whole situation knocked me about somewhat. It took a while to get my head in order.

By June'12 i still had not received a reply to my SARN, so i sent a further copy to the Data Compliance Officer - still no response - i even asked them to indicate if the notice was considered defective in any way - no response from DWP.

I then faxed (and hard copied) the Tribunal in August'12 requesting an adjournment of any intended date for the appeal, until such time as the DWP complied with the statutory request (with copies to the Tribunal of the SARN's, rec. deliv, receipts etc.) - that was three (3) weeks ago, and no reply from the Tribunal either.

I explained that their, DWP's refusal/failure to comply was hindering my preparation/seeking representation for the appeal.

All SARNS to DWP and copied to Data Comp. Officer were sent by Rec.Deliv - both signed for - and i have Royal Mail track & trace printouts to confirm receipt- ditto the Tribunal who were also faxed.

Do i just sit tight or now formally complain to DWP and/or ICO ?

Any guidance appreciated...many thanks, TV

trickyvicky wrote:

As previously posted, i SARN'd DWP (as per B&W then suggested wording) following being awarded zero (0) points and lodging my appeal (this was Dec.'11 although I cannot now find a ref to SARN's & DWP on here only for medical records) - i also later posted that i had not received a reply and had asked that they review their decision - before complaining further, it was suggested that i await the outcome of their review - the decision did not change - and still no response to the SARN.

Unfortunately during this time, i then had hallmark symptoms for cancer and was immediately referred to clinic - as this was my second scare in as many years i was extremely worried - it took from late Jan to May'12 to give me the all clear - the relief was nothing short of overwhelming.

I had notified the Tribunal in February'12 that i possibly had 'c', and asked that they bear with me in the circumstances, as my mind was somewhat preoccupied until the various scan results came through. The Tribunal flagged it to DWP. The earliest date for any appeal to be heard was given as being after mid-September anyway. No notice has been received.

Despite the stunning relief of negative results (three diff scans), the whole situation knocked me about somewhat. It took a while to get my head in order.

By June'12 i still had not received a reply to my SARN, so i sent a further copy to the Data Compliance Officer - still no response - i even asked them to indicate if the notice was considered defective in any way - no response from DWP.

I then faxed (and hard copied) the Tribunal in August'12 requesting an adjournment of any intended date for the appeal, until such time as the DWP complied with the statutory request (with copies to the Tribunal of the SARN's, rec. deliv, receipts etc.) - that was three (3) weeks ago, and no reply from the Tribunal either.

I explained that their, DWP's refusal/failure to comply was hindering my preparation/seeking representation for the appeal.

All SARNS to DWP and copied to Data Comp. Officer were sent by Rec.Deliv - both signed for - and i have Royal Mail track & trace printouts to confirm receipt- ditto the Tribunal who were also faxed.

Do i just sit tight or now formally complain to DWP and/or ICO ?

Any guidance appreciated...many thanks, TV

Hi TV,

Sorry to hear of your health scare.

As it seems that it is now well over the 40 days allowed for the DWP to comply with a SAR under The Data Protection Act 1998, you may wish to complain to The DWP, The ICO, and your M.P.

See :

Complaining to the DWP

www.dwp.gov.uk/privacy-policy/data-protection/

www.ico.gov.uk/for_the_public.aspx

Contacting your MP

bro58

Many thanks bro58 ...

By June'12 i still had not received a reply to my SARN, so i sent a further copy to the Data Compliance Officer - still no response - i even asked them to indicate if the notice was considered defective in any way - no response from DWP.

I then faxed (and hard copied) the Tribunal in August'12 requesting an adjournment of any intended date for the appeal, until such time as the DWP complied with the statutory request (with copies to the Tribunal of the SARN's, rec. deliv, receipts etc.) - that was three (3) weeks ago, and no reply from the Tribunal either.

I explained that their, DWP's refusal/failure to comply was hindering my preparation/seeking representation for the appeal.

Since posting the above i have now received an astonishing reply from the Tribunal - stating that my fax had been put before a Judge, who "assumed" that what i requ'd was a copy of the DWP bundle (of which i already had a copy) !

Further to this misguided assumption, and despite the hindrance by the DWP's non-compliance with the statutory notice, the Judge said to list the appeal for hearing within four months.

It seems astonishing that " a Judge" does not know the difference between the requirements imposed upon service of a Subject Access Rights Notice under the Data Protection Act (and the required total disclosure of all documents required) - and a simple photocopy of the Respondent's (DWP's) bundle !!

How should i raise this sensitive point of a misguided wrong assumption/error with the Tribunal ? The Judge is un-named and i would not like to think he/she was also hearing the appeal !

trickyvicky wrote:

By June'12 i still had not received a reply to my SARN, so i sent a further copy to the Data Compliance Officer - still no response - i even asked them to indicate if the notice was considered defective in any way - no response from DWP.

I then faxed (and hard copied) the Tribunal in August'12 requesting an adjournment of any intended date for the appeal, until such time as the DWP complied with the statutory request (with copies to the Tribunal of the SARN's, rec. deliv, receipts etc.) - that was three (3) weeks ago, and no reply from the Tribunal either.

I explained that their, DWP's refusal/failure to comply was hindering my preparation/seeking representation for the appeal.

Since posting the above i have now received an astonishing reply from the Tribunal - stating that my fax had been put before a Judge, who "assumed" that what i requ'd was a copy of the DWP bundle (of which i already had a copy) !

Further to this misguided assumption, and despite the hindrance by the DWP's non-compliance with the statutory notice, the Judge said to list the appeal for hearing within four months.

It seems astonishing that " a Judge" does not know the difference between the requirements imposed upon service of a Subject Access Rights Notice under the Data Protection Act (and the required total disclosure of all documents required) - and a simple photocopy of the Respondent's (DWP's) bundle !!

How should i raise this sensitive point of a misguided wrong assumption/error with the Tribunal ? The Judge is un-named and i would not like to think he/she was also hearing the appeal !

Hi TV,

You could complain to The Appeals Tribunal Service, see :

Complaining to the Tribunal Service

bro58

Before i could follow 'bro58's kind advice (for which i thank you) a somewhat remarkable (or not so) turn of events took place.

As posted earlier, when seeking a postponement of any hearing (none had yet scheduled at that time) until the DWP answered the SAR request - the Tribunal replied stating that September 2011 appeals were just being heard in September 2012, and as my appeal was lodged in February 2012, then it would be "at least four months" before being listed, viz. February 2013 +.
The Tribunal's letter was properly copied to 'the other side' together with a copy of my reference to their failure to comply with the SAR under the Data Protection Act.

Quite amazingly, my appeal was then immediately brought forward four months plus, to be heard this week - thereby preventing my obtaining the response to the SAR and any further evidence from the Respondents.

It also transpired upon closer scrutiny of the medical assessment report, that the physical assessment had been entirely manufactured (see my earlier post re the 25-30 secs. ..can you turn your hands over and place in a praying position - that's it !

The report went on to explain how i could move my legs when on the couch (i never moved from the chair), and a physical description of my legs and knees and their ' full power' condition. Unbeknown to the Atos examiner, i was scheduled to attend the local Orthopaedic Hospital for X-rays within 5 weeks, and this was for the 5th year in a row (so there is history) - the Atos report describes my skin as good and the leg is fine to all intents and purposes - but in reality my knee, which the Orthopaedic Consultants tell me requires total replacement - plus my knee is totally deformed by severe arthritis, it is probably 2-3 times the size it should be normally - the knee joint is so disfigured and bursting with arthritis, when i went for a steroid injection two years ago they couldn't get the needle to penetrate the joint, and had to force it in from the inside, then they couldn't inject me because the joint was so impacted, bone upon bone - but an Atos inspection (which never took place) suggests a miracle took place and it was normal on that day, and then reverted back to disfigurement the next !

It seems that 'someone' wanted my appeal artificially accelerated so that in the four months + before it was due to be listed, then i would not have time to engage my MP etc. and the Information Commissioner's Office, to extract what had been going on behind the scenes. Further, in the original letter from the DWP, they said i scored '0' points from information obtained from my doctor - having asked, 'none' was obtained at all !

I have now faxed a formal complaint to the Tribunals Service, and sent a copy to their Chief Executive at Petty France, Keith Sadler - i have also sought the intervention of my MP - i've sought a further postponement given the SAR evidence a Judge said was there, which was not - and further served Freedom of Information Act Requests on the Tribunal Service to see how many other appeals have been accelerated by four months and three months, etc. - i find it inconceivable that one minute there were so many appeals it would be four months plus away, and then they evaporated, and then only three weeks away ? A pro bono counsel who took a cursory glance at it, but couldn't help in the shortened time frame, suggested that 'someone' had persuaded the Listings Office in the Tribunal to leapfrog my appeal forward to wrong foot me ?

The Tribunal have replied stating it will take up to 10 days to deal with the complaint, and 20 days the FOI Requests, this takes any results to a date after the accelerated hearing.

Aside from progressing a complaint to the ICO, and the DWP themselves, have i missed anything ? It is so stressful and getting to me, but for the kindness of others.

Should it be necessary to appeal to the Upper Tribunal, what is the time frame turnaround ...i told the Tribunal that i considered it would be a breach of natural justice to proceed without the evidence, i sought under a SAR, which a Judge said was there but wasn't, especially given i was also putting them 'on notice' of the 'false report' on the Tribunal file, and given the DWP's failure to comply with statute !

Any pointers appreciated.
Thanks, TV