× Members

ESA appeals

  • pooch
  • Topic Author
12 years 8 months ago #90798 by pooch
ESA appeals was created by pooch
Hello,
I sent off my appeal against being placed in the work related activity group of ESA, I followed the guidance in the appeals section of B&W.

I also requested a disclosure under the data protection act for copies of all the documents etc, used to determine their decision, but I have not received anything.

What do I do now?

How long do they have to respond to my request?

Any advice please.

Please Log in or Create an account to join the conversation.

More
12 years 8 months ago #90800 by slugsta
Replied by slugsta on topic Re:ESA appeals
I believe that the DWP have 40 days to respond to your request. You are always at libery to phone up and ask what is happening.

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

Please Log in or Create an account to join the conversation.

  • pooch
  • Topic Author
12 years 8 months ago #90801 by pooch
Replied by pooch on topic Re:ESA appeals
Thanks for the quick response, but what do I do if they have exceeded the 40 days?

Please Log in or Create an account to join the conversation.

More
12 years 8 months ago #90804 by slugsta
Replied by slugsta on topic Re:ESA appeals
In that cae you can complain to one of the data commisioners. Hopefully on of my mod colleagues will be along to tell you how to do this.

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

Please Log in or Create an account to join the conversation.

More
12 years 8 months ago #90810 by Gordon
Replied by Gordon on topic Re:ESA appeals
pooch

The ICO guidance for Freedom of Information requests is 20 working days, SARs are 40 calendar days.

The first thing to do is to confirm that the DWP have received the FoI request, and that they have not already responded, even though you have received nothing.

If they have failed to process a properly submitted request, then this would be a breach of the Freedom of Information act and you can make a complaint to the ICO.

Gordon

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

Please Log in or Create an account to join the conversation.

  • pooch
  • Topic Author
12 years 8 months ago #90812 by pooch
Replied by pooch on topic Re:ESA appeals
Thanks for the advice Gordon, will keep you informed

Please Log in or Create an account to join the conversation.

Moderators: bro58GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserChrisDavid