- Posts: 51284
subject access request
- vicki
- Topic Author
I am wondering if it goes on like this, and my appeal actually comes up, will I be able to ask for an adjournment until I receive the information I need to prepare my appeal. Also should I consider complaining yet, and if I do should it go to the manager of the benefits dept dealing with the appeal or should it go to someone like the Information Commissioners Office? any help would be appreciated. Thanks
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- Gordon
- Offline
My first port of call would be to to call the DWP and ask to speak to a Customer Services manager, this normally requires a call back, their job is to sort these types of problem out.Hi to all. Well I submitted an appeal to go from wrag to sg and made a subject access request, this was back on April 4th. The appeal was acknowleged but nothing was mentioned about the information I had requested. I wrote to them again in June and rang them at the end of July. Finally at the end of August I sent a recorded delivery which was signed for and received, requesting the decision makers info etc. I have heard nothing.
I am wondering if it goes on like this, and my appeal actually comes up, will I be able to ask for an adjournment until I receive the information I need to prepare my appeal. Also should I consider complaining yet, and if I do should it go to the manager of the benefits dept dealing with the appeal or should it go to someone like the Information Commissioners Office? any help would be appreciated. Thanks
Ideally, you need to confirm that the DWP have received your requests for this information before you can escalate the problem to the Information Commissioners.
You have certainly been patient, and depending on how the phone call goes, I would certainly consider making a formal complaint, you might also want to involve your MP, see
Complaining to the DWP
Contacting your MP
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- vicki
- Topic Author
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- vicki
- Topic Author
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- bro58
Well things don't get any easier dealing with the DWP. Today I rang to discuss my subject access request and why it was taking in excess of 5 months (April 4th and ongoing) to get me the information. I was put through to the customer services dept where a lady did her best to help but was clearly scratching around to find anything useful. Finally she said nothing has been entered on the computer since a note about receiving the request back in April. She said the original decision to place me in the wrag group was based on one sheet of A4 written by , she thought , someone from atos. Since I did not attend a medical, and reading between the lines, it seems a decision was made, based on my past info and my ESA questionnaire, to transfer me from IB to contribution based ESA. She then said she would send me the sheet of A4. I asked about my appeal and had it been looked at, or had any reconsideration been done,she said if I had not heard anything and since there was nothing on the computer, it was probable that they had not looked at it yet. This leaves me wondering how to deal with it all from here. Do I continue to wait and see if they write to me about my appeal(they received the paperwork on April 4th) along with the SAR, or do I complain at another level and to whom? thanks
Hi V,
Your options are the two links provided by Gordon previously,
or, The Information Commissioner's Office :
www.ico.gov.uk/for_the_public.aspx
If you read the information contained in the document on the first link of :
Complaining to the DWP
You will see that you must have exhausted the DWP complaints process, before you can escalate to The Independant Case Examiner (ICE).
bro58
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- vicki
- Topic Author
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