Transfer from SDA to ESA

Matey wrote: Hello

Immediately after receiving notification that I was moved from SDA to ESA support group, I used your guide to request in writing, copies of all the documents used to make that decision. This was sent by recorded delivery and received two days later.

I have had no response.

So, I sent a second request for the same documents, using your template guide in the last week of August, again by recorded delivery, which was again received two days later.

To date I have received no reply.

Can you advise please, what else I can do?

Hi M,

We have heard from members where the DWP have failed to comply with a SAR within the requisite 40 calendar days.

I would resend the SAR, this time with a letter threatening a complaint to The ICO :

ico.org.uk/for_the_public

Send copies of the recorded delivery receipts as well.

As you have only recently been placed into The SG, it is lucky that you are not in any particular hurry for the documentation.

It should be helpful when it is time for your reassessment, hopefully you will have them by then.

Have a look at a previous post of mine regarding making a SAR to The DWP.

www.benefitsandwork.co.uk/forum?view=top...=10&id=101933#124636

bro58

Hell B & W

I have followed your advice and after allowing the second 40 days to elapse, with still no communication received from the DWP, I have sent a letter reminding them of their SAR responsibilities.

I also sent copies of the recorded delivery signed for signatures.

I addressed the envelope as you recommend too.

I will update the forum after the fourteen days have elapsed.

Lets hope I have more positive news then.

Update

After receiving no communication from the DWP regarding my letter reminding them of their SAR responsibilities as they had also ignored my two SAR requests, I asked the ICO for help.

I supplied copies of the two SAR requests plus the reminder to the ICO and said I had proof of delivery of all these letters. Within a couple of weeks they informed me that I should receive the documents I requested within a month and an explanation of what had gone wrong.

I am pleased to report that I recently received a copy of my ESA85A plus a copy of all the documents I submitted as evidence regarding the SDA to ESA transfer. I also received a telephone call from the data protection officer who explained what had gone wrong and apologised for that fact.

Thanks for all your help in this matter.

Matey wrote: Update

After receiving no communication from the DWP regarding my letter reminding them of their SAR responsibilities as they had also ignored my two SAR requests, I asked the ICO for help.

I supplied copies of the two SAR requests plus the reminder to the ICO and said I had proof of delivery of all these letters. Within a couple of weeks they informed me that I should receive the documents I requested within a month and an explanation of what had gone wrong.

I am pleased to report that I recently received a copy of my ESA85A plus a copy of all the documents I submitted as evidence regarding the SDA to ESA transfer. I also received a telephone call from the data protection officer who explained what had gone wrong and apologised for that fact.

Thanks for all your help in this matter.

Thanks for returning with the update M !!!

bro58

Matey & Bro58

What are the 14 days referred to here? Is it the length of time one ought to grant the DWP to respond to a reminder that they have a legal obligation to respond to a SAR?

Thanks,

MW

MariW wrote: Matey & Bro58

What are the 14 days referred to here? Is it the length of time one ought to grant the DWP to respond to a reminder that they have a legal obligation to respond to a SAR?

Thanks,

MW

Hi MW,

If you mean this comment from Matey :

"Within a couple of weeks they informed me that I should receive the documents "

I think that it simply took them "a couple of weeks" to respond.

14 days would be a reasonable time to give an authority to respond though.

Have a look at : About the DWP: our service standards: leaflet

bro58