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Copies of guidance given to assessment providers for working through COVID
Hi all,
It occurred to me that this may be of some use to some of you… the DWP have released copies of all guidance and training materials issued around how to safely and accurately (hmm) carry out health and work capability assessments remotely during covid. Lots of it’s fluff, lots of it has no change, but some of it is useful.
Aside from anything else it may be possible to call them up on having failed to meet some of their own guidance when taking your clients cases to tribunals after incorrect decisions made as a result of remote assessments carried out during COVID.
The files released sadly are too big and numerous to attach to this so I will link to the whatdotheyknow thread where they can all be downloaded (https://www.whatdotheyknow.com/request/health_and_work_capability_asses)
Of particular interest may be -
- for the purposes of PIP, it is possible to carry the assessment out on behalf of your client as their authorised rep if there is good cause / justification for doing so. I can vouch for this and did successfully do a PIP assessment for one of my clients without the client being present - reason given there which they (eventually) accepted was that we had medical evidence from a psychologist confirming that the assessment process retraumatised the client.
- for the purposes of the WCA, no fit for work decisions are being made. you can be reassessed only with the aim of seeking to maintain or increase a client’s award.
- when reassessing clients via WCA, if LCWRA was applied previously for reasons of mental health they are exempt from reassessment at present
- ditto for clients for whom suicidal ideation or behaviour has been confirmed in at least one of the last two reports, questionnaires, or accompanying medical evidence
be good,
f
This is really handy Finn!
Sadly this no longer seems to be the case. I spoke to CHDA today and was told that “telephone assessments are now mandatory”. I checked and found new guidance dated 08/10/20 that seems to have very few safeguards for those with distressing mental health symptoms, but that was just on a skim read… I’ll try to post a link.
Page 22 :(
Self harm / suicide history must be explored in detail – with details
including any past history, need for hospitalisation or specialist input, any
ongoing self harm, any ongoing suicidal thoughts / plans /intent. This must
always be done in a sensitive manner. By telephone, this is extremely
important. You must actively listen to what is being said, bearing in mind
you will not have the usual non verbal clues to judge their reactions when
discussing this. Carefully consider a welfare follow up call or whether the
unexpected findings processes must be applied.
This guidance is to be read alongside the business as usual filework guidance and that guidance instructs them to gather FME before contacting anyone who has expressed thoughts or a history of self harm in the ESA50. Should they fail to do so there may well be consequences of an Equality Act variety and your clients should seek advice on that issue promptly from a suitably funded solicitor or Law Centre.
That requirement was very vocally reinforced by DWP a few years ago and it seemed to be reliably followed when I was still working in the mental health team last year.
They seem quite quick to seek FME at present, which is unhelpful for the project that inspired me to make that FOI request…