How to complain against work-focused interviewer?

Hello everyone, I'm fairly young and new here so please bear with me.

My parents have a joint claim for ESA (WRAG ) and I'm dealing with all his paper work, and directly getting all the grief from DWP.

My father is terribly unwell with a range of diseases and my mother has been caring for him - we are currently appealing to be placed in the support group.

My mother was sent to attend her first WRAG interview and I have attended as an interpreter.
I believe we were treated with pure discrimination by the adviser over the fact that mum can't speak or understand english, and that I was the daughter so was expected to answer entirely for my mother. She made several nasty and I believe discriminatory comments about my mother and her situation.

As an interpreter, I understand that my duty is to relay every single question that is asked, despite knowing the answer,as this is her interview. I was questioned, penalised and criticized for doing so when I relayed a question about my parents marriage status. The interviewer turned it around and in turn made it an interview for myself rather than my mother who's the claimant. She said that it's a family affair and as the daughter I should know and why I'm needing to ask my mother. To note, I did explain I was the daughter and WILL BE interpreting today right at the beginning. She left me no opportunity to explain that my mother has the right to know what's being asked and that I can't just answer for her because it's her interview.

In the letter it says that a relative can join you, at no point it had mentioned that this relative will also be interviewed.

I'm left really shocked and angry about this as she has turned it into an interview for me and really want to file in a complaint about the discrimination.

She wrote a whole load of notes following the scene that she's made about this single question and wrote nothing else for the remaining questions which explained why she wasn't able to go back into work (caring for my father etc).

Any advice would be appreciated.

Thanks in advance.

Gracey22 wrote: Hello everyone, I'm fairly young and new here so please bear with me.

My parents have a joint claim for ESA (WRAG ) and I'm dealing with all his paper work, and directly getting all the grief from DWP.

My father is terribly unwell with a range of diseases and my mother has been caring for him - we are currently appealing to be placed in the support group.

My mother was sent to attend her first WRAG interview and I have attended as an interpreter.
I believe we were treated with pure discrimination by the adviser over the fact that mum can't speak or understand english, and that I was the daughter so was expected to answer entirely for my mother. She made several nasty and I believe discriminatory comments about my mother and her situation.

As an interpreter, I understand that my duty is to relay every single question that is asked, despite knowing the answer,as this is her interview. I was questioned, penalised and criticized for doing so when I relayed a question about my parents marriage status. The interviewer turned it around and in turn made it an interview for myself rather than my mother who's the claimant. She said that it's a family affair and as the daughter I should know and why I'm needing to ask my mother. To note, I did explain I was the daughter and WILL BE interpreting today right at the beginning. She left me no opportunity to explain that my mother has the right to know what's being asked and that I can't just answer for her because it's her interview.

In the letter it says that a relative can join you, at no point it had mentioned that this relative will also be interviewed.

I'm left really shocked and angry about this as she has turned it into an interview for me and really want to file in a complaint about the discrimination.

She wrote a whole load of notes following the scene that she's made about this single question and wrote nothing else for the remaining questions which explained why she wasn't able to go back into work (caring for my father etc).

Any advice would be appreciated.

Thanks in advance.

Hi G22,

Welcome to Benefits and Work

As "Discrimination" is a legal issue, it is not really something that we can advise on !

You could threaten action yourself citing relevant extracts of : The Equality Act 2010 (EA2010) or consult a Solicitor that specialises in this field.

If you wish to complain about the Advisor, and they were a JC Plus Advisor, you would need to complain to their superior : Complaining to The DWP

You could also involve your M.P. : Contacting your MP

Who is the lead claimant in this joint ESA Claim ?

If it is your Dad, then Mum should only have to attend one short interview as his partner in the claim.

See information in this FAQ : Work Focused Interviews regarding people who have "Caring Responsibilities"

If it is Mum, then she does have to comply with some forms of WRA, (see above) under threat of sanction for failing to do so :

See also : Work Programme

&

ESA Sanctions

With regards to any form of WRA, the limitations that the claimant suffers should be taken into account when drawing up an action plan with the claimant.

There is also a guide entitled "Ways to prevent and overturn ESA sanctions" on : This Page

With respect to you appealing the WRAG decision, to gain access to The SG. To challenge the WRAG decision, you must request an MR in writing within one month of the date of the adverse ESA WRAG decision notice letter.

See : ESA MR/Appeals Guidance

&

Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.

Sending Documents to the DWP, ATOS, Capita or Maximus.

You could also submit a SAR as a separate issue requesting all documentation used in coming to the WRAG decision which could include an ESA85 or an ESA85A Medical report, an LT54 and an ESA113 if one was sent to their G.P.

See : ESA Forms & ESA medical – what forms to ask for?

You can do this using a SAR Form :

SAR Form Download

From this page :

DWP Data Protection Policy

Or you can make the request in the form of a letter, as long as you make it clear that you are making a formal SAR under The Data Protection Act 1998.

Address the envelope : FAO The Data Controller, at the Benefits Office dealing with your ESA.

Write DPA 1998 SAR in front, top, left corner of envelope.

Once received, they have 40 calendar days to comply.

Sending Documents to the DWP.

Any SAR should be sent as a separate issue, in a separate envelope to your MR request, and if the SAR documentation has not arrived, you should not miss their one month MR deadline date.

You can simply include a note with the MR stating that you have requested documentation, and will submit any fresh evidence as a result of the SAR documents as soon as you have received the requested documentation !!

You may also want to review our : ESA Claims Guides 2nd and 3rd links down !!

How best to show that you qualify for The SG is covered in our ESA Claims Guides.

If you can identify which of : The Functional SG (LCWRA) Schedule 3 Descriptors you feel that you qualify under, ( remember, even though you can cite more than one, you only need to fulfil one to qualify ) you can cite it/them in your MR/Appeal.

You can then list the medical evidence that you have, (providing supporting medical documentation) and try and tie in the limitations that you suffer as a result of the medical conditions with the appropriate SG Activity/Descriptor/s, giving reasons how and why you cannot carry out that Activity with respect to the relevant Activity/Descriptor

If you cannot carry out any of the Activities Repeatedly, Reliably and Safely for the majority of the time (>50% of the time) without suffering severe discomfort, pain, risk, fatigue or breathlessness, you should not be classed as being able to carry them out at all, and you are therefore legitimately within your rights to answer "No" you cannot carry out that particular Activity, explaining why !

So it is a matter of highlighting the relevant SG Activity/Descriptor/s then cross referencing to the relevant medical condition/s and resulting limitations.

With regards to The SG Activities as opposed to The WRAG Activities, to be classed as being able to carry them out, not only must you be able to do so as mentioned above, for the majority of the time, etc,etc, you must also be able to carry them out on the majority of occasions that you attempt them :

ESA Reg 34. (2) Applicable to Support Group :

“A descriptor applies to a claimant if that descriptor applies to the claimant for the majority of the time or, as the case may be, on the majority of occasions on which the claimant undertakes or attempts to undertake the activity described by that descriptor”

From : ESA Reg 34.

If you cannot fulfil at least one of The Functional SG Descriptors,as above, you can gain access to The SG via : ESA Reg 35 for entry to The SG (LCWRA)

For entry via ESA Reg 35. (2) (a) & (b) you would have to show that there would be a "Substantial Risk" to your own physical or mental health, or that of another person if you were not assessed as having Limited Capability for Work Related Activity . (LCWRA) (not placed into The SG)

i.e. if you were placed into the WRAG and had to comply with WRA, rather than being placed into The SG and not having to comply with WRA.

Have a look at Gordon's comments in : This Post regarding ESA Reg 35,

Disregard the comments regarding ESA Reg 29, as they only place you into the WRAG once more.

The information from : This Link gives good examples of WRA that you may have to take part in if placed into The WRAG.

You could therefore use the above as examples of WRA, and explain how and why you or another person would suffer "Substantial Risk" if you were placed into The WRAG and had to comply with such WRA.

There is nothing wrong with you citing any applicable Functional Schedule 3 Activities/Descriptors whilst also citing ESA Reg 35 as a back up if appropriate.

You should Bookmark/Favourite this page in your Internet Browser now.

That way you can return to this topic easily to pose any further queries that you may have by replying to the topic.

See : This Topic also !

Thanks in anticipation of your future co-operation in keeping all your ESA related queries to this topic !

bro58

Thank you so much for the help!