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DWP destroying records

  • Mendelssohn
  • Topic Author
10 years 8 months ago - 10 years 8 months ago #106757 by Mendelssohn
DWP destroying records was created by Mendelssohn
Hi Folks,

A further question as I prepare an appeal for the friend I’m caring for. After an FoI regarding notes taken at his WRA, the DWP are being very evasive and I cannot get them to tell me if notes were taken or not. They also state that “once the report is competed all notes are destroyed in a secure and confidential manner.”

Can this really be the case? Given that the session was not recorded, aren’t these notes (if taken) a primary source of information? Under what circumstances, and what rule or regulation, or authorised by whom could this be legally acceptable? And what constitutes “a secure and confidential manner”? What would happen if the police calmly threw away their note-books after an arrest?

Since the final report is an absolute dog’s breakfast of half truth, internal contradiction and cut-and-paste which resulted in my friend, under primary mental health care for clinical depression with a teaching hospital’s senior consultant psychologist, being awarded 0 points, I suspect that this may be the cause of the evasion.

Would appreciate legal advice.
Last edit: 10 years 8 months ago by .

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10 years 8 months ago - 10 years 8 months ago #106758 by
Replied by on topic DWP destroying records

Mendelssohn wrote: Hi Folks,

A further question as I prepare an appeal for the friend I’m caring for. After an FoI regarding notes taken at his WRA, the DWP are being very evasive and I cannot get them to tell me if notes were taken or not. They also state that “once the report is competed all notes are destroyed in a secure and confidential manner.”

Can this really be the case? Given that the session was not recorded, aren’t these notes (if taken) a primary source of information? Under what circumstances, and what rule or regulation, or authorised by whom could this be legally acceptable? And what constitutes “a secure and confidential manner”? What would happen if the police calmly threw away their note-books after an arrest?

Since the final report is an absolute dog’s breakfast of half truth, internal contradiction and cut-and-paste which resulted in my friend, under primary mental health care for clinical depression with a teaching hospital’s senior consultant psychologist, being awarded 0 points, I suspect that this may be the cause of the evasion.

Would appreciate legal advice.


Hi M,

Firstly, we cannot offer legal advice, most of the Moderators are not qualified, but simply have a good knowledge of ESA, and DLA (PIP)

I don't know what timescales are involved, but the following document, which was provided as the result of an FOI request suggests that the DWP routinely destroy documentation after around 14 months :

www.whatdotheyknow.com/request/16691/res...DDR%20Guide.doc.html

bro58
Last edit: 10 years 8 months ago by .

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  • James
10 years 8 months ago #106761 by James
Replied by James on topic DWP destroying records
Have been absolutely amazed to have it official confirmation in writing from HR that Former Personnel Records(Files) of ALL employees of the now non existent DHSS are all unavailable/destroyed.
I will repeat that every individual who performed service to the DHSS Department from circa 1967 till its abolition in the late 1990s everyone from tea lady to principal some 150,000 workers(?)
has been totally obliterated from History.
Chilling.
And that Many Mental Hospitals do the same.
Again confirmed by Data Protection Departments in writing.

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  • Mendelssohn
  • Topic Author
10 years 8 months ago #106989 by Mendelssohn
Replied by Mendelssohn on topic DWP destroying records
Hi bros58.

Thanks for your steer and appreciate the caveat about legal advice.

Have still not got DWP to admit that hand-written notes were taken at the WCA. If they were, and were destroyed, the following edited extract from the link you sent me might interest members. Someone might like to check it over.

Reference Benefits Document Destruction and Retention Guide (BDDRG)
Generic Section October 2008
Specific Guidance on ESA is listed
Glossary refers to all clerically maintained cases
Documents Any papers the department holds relevant to the customer and/or their claim for benefit
Exceptions These are identified as noted Not for Destruction (see below)
Supporting documents are those which contain information on which a decision has been based
Ephemeral Documents not having this function
Background
4, States that BDDRG guidance includes all clerical/paper files
8. States that guidance includes all benefits listed in the BDDRG and staff must apply them correctly
20. Audience. Guidance should be brought to the attention of staff involved in ESA
42. Restates that supporting documents are those which contain information on which a decision has been based
44.States that DWP has made an operational decision to keep ALL original documentation for 6 weeks following scanning (where this has taken place)
111. Advice that ALL documents that should be identified as Not for Destruction includes those relating to ESA appeals
Specific ESA guidance
4000 BDDRG applies to ESA clerical documents
4001 Advice to examine all clerical documents relating to the case as it is actioned and mark them under the following categories Supporting or Ephemeral (see above)
4003 When a document previously marked Ephemeral is needed for a check reclassify it.
Exception categories (see above)
4120 Note cases identified as exceptions (see above) and mark Not for Destruction
4121 These include (3) cases awaiting appeal or reconsideration
4122 Where cases are identified as exceptions the claim file should be noted as Not for Destruction
4123 (1-3) These should be retained in the Live or Put Away run as appropriate
4124 The reasons
4. The claim file must be retained for at least 14 months

In the case of my friend, the dates were - assessment made on February 1st, decision relayed February 12th, letter requesting reconsideration logged by DWP February 28th, So only 27days between assessment and appeal, nothing like the 6 weeks or even the 14 months mentioned in the guide.

I’ve also demanded the date/time code of the computer file creation as my friend is certain the HCP did not use the computer, so file cannot be contemporaneous with the assessment.

In one section of the ESA85 the HCP states he “had a discussion” over an activity worth 15 points and then gave a brief statement which flatly contradicted the contents of my friend’s ESA50 on this point. Since there are no details given of the discussion he held, it seems that notes were either not taken or prematurely and erroneously destroyed.

The assessment took less than twenty minutes including an orthopaedic examination.

This will be challenged.

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