What to Do if DWP and Universal Credit Ignore Your Communications

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When DWP, Universal Credit & The Jobcentre Ignore Your Journal Entries, Letters & Emails.

Here’s an in-depth guide covering what to do if the Department for Work and Pensions (DWP) and Universal Credit ignore your communications or disregard disability accommodations. Here we will outline steps you can take, your legal rights, and the appropriate channels for initiating legal action if necessary.

Document All Communications

The first step when facing issues with DWP or Universal Credit is to ensure you have a comprehensive record of all communications. This can include journal entries, emails, phone calls, and any physical letters sent. Document the date and time, the content of your communication, and any response (or lack thereof) from DWP or Universal Credit.

Action Plan:

• Save Journal Entries: Take screenshots of entries in your Universal Credit journal and save them on a secure device or print copies. This prevents any “loss” of records should the online system become inaccessible.
• Record Autoresponders: If you receive an automatic email response, save a copy of this as proof that you attempted to reach them.
• Follow Up on Emails: If you do not receive a human response within a reasonable time, consider escalating through alternative channels, such as calling the Universal Credit helpline or reaching out to your local MP.

Submit a Formal Complaint

If your journal entries, emails, and other forms of communication go unacknowledged, you can file a formal complaint with DWP. The complaint process can serve as evidence of your attempt to resolve the issue internally before pursuing external legal remedies.

How to Submit a Complaint:

• Online: Use the complaints form on the official DWP website.
• Mail: Send a detailed letter to the DWP address found on their website, and request a tracking number from the postal service.
• Phone: Contact the DWP directly, but ensure you document the conversation by asking for a reference number and the name of the representative.

Escalate to the Independent Case Examiner (ICE)

If you do not receive a satisfactory response from DWP after filing a formal complaint, you can refer your complaint to the Independent Case Examiner (ICE), who investigates complaints regarding DWP handling of benefits.

How to Contact ICE:

• Email or Letter: Submit your complaint to the ICE with a clear timeline of events and copies of all relevant documentation.
• Supporting Evidence: Include the dates and details of ignored communications and explain any hardship this has caused.

Legal Remedies if Universal Credit or DWP Coerces a Jobcentre Visit or Home Visit

If DWP or Universal Credit insists on a Jobcentre appointment or a home visit despite your disabilities, this could constitute discrimination. The Equality Act 2010 mandates that reasonable accommodations be made for individuals with disabilities.

Rights Under the Equality Act 2010

Protected Characteristics: Physical and mental disabilities are protected characteristics under the Equality Act 2010. By law, the DWP must make reasonable adjustments to avoid placing you at a disadvantage.

Reasonable Adjustments: Forcing an individual with disabilities to attend an in-person appointment without exploring alternatives, such as phone appointments or virtual meetings, may breach the Act.

Rights Under the Human Rights Act 1998

If coercion causes undue stress or distress, it may infringe on your rights under Article 8 of the Human Rights Act, which protects your right to respect for private and family life.

What You Can Do If Laws Are Breached

1. Request Reasonable Accommodations in Writing: Document your request for accommodations in your Universal Credit journal or via email to ensure it is formally recorded.
2. Seek Advice from Disability Advocacy Organisations: Many organisations, such as Disability Rights UK or Citizens Advice, provide free guidance and can help you draft formal letters or complaints.
3. Issue a Pre-Action Protocol Letter: Before commencing legal action, you are usually required to send a “Letter Before Claim” to DWP or Universal Credit, setting out your grievances and giving them an opportunity to respond.
   • Explain the Violation: State how their actions breach the Equality Act or Human Rights Act.
   • Demand Immediate Action: Request specific accommodations, such as remote appointments.
   • Set a Deadline: Give DWP or Universal Credit a reasonable time frame (typically 14 days) to respond to your letter.
4. Apply for Judicial Review: If they fail to make accommodations, you may be able to apply for judicial review, a legal process that challenges the legality of public decisions.
   • Legal Representation: It is advisable to have legal counsel when filing for judicial review due to the complex nature of the process.
   • Time Limits: Judicial review applications must be made promptly, typically within three months of the alleged infringement.

When to Contact Your MP

If you are unable to resolve the issue directly with DWP, consider involving your Member of Parliament (MP). MPs can advocate on your behalf and may help escalate your case within the DWP.

Steps to Involve Your MP:

• Submit a Written Request: Send a letter or email summarizing the situation and requesting intervention.
• Provide Supporting Documents: Include your correspondence history, any complaint reference numbers, and a summary of the impact on your well-being.

Filing a Claim for Discrimination in the Courts

If DWP’s refusal to accommodate continues to cause hardship, you may pursue a discrimination claim under the Equality Act 2010.

1. Seek Legal Advice: Law centers or pro-bono legal services can help if you lack the funds to hire a solicitor.
2. File the Claim: You will need to file the claim with the County Court if you believe there is evidence of discrimination.
3. Potential Remedies: Remedies in discrimination cases can include compensation for distress and any costs incurred due to failure to accommodate.

Summary of Steps

1. Document All Communications.
2. Submit a Formal Complaint to DWP.
3. Escalate to ICE if your complaint is unresolved.
4. Request Reasonable Adjustments in writing and consider a pre-action protocol letter.
5. Apply for Judicial Review or pursue a discrimination claim if accommodations are not provided.
6. Involve Your MP to exert additional pressure.

Taking these steps can help protect your rights and ensure that DWP and Universal Credit fulfill their obligations to accommodate disabilities. For further support, contacting organisations like Citizens Advice, Disability Rights UK, or legal clinics may provide additional advocacy and assistance in securing the accommodations you need.

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Further Reading:

• Complaints procedure – Department for Work and Pensions – GOV.UK
• Welcome to the Parliamentary and Health Service Ombudsman | Parliamentary and Health Service Ombudsman (PHSO)
• Independent Case Examiner – GOV.UK (ICE)

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