has anyone got a copy of the guidance given to DLA helpline staff, concerning what they can and cannot disclose to third parties?

if so, would they mind letting me have a look?
thanks,
Jim

I'm having a bit of difficulty getting this infomation out of DLA themselves, ( I have made a FOI act request, but they are making me wait!)

Frank Pitfield - Pitfield Frank DCD <Frank.Pitfield@dwp.gsi.gov.uk>Customer care at Wembley issued this not so long ago - the Team Members Guide referred to can be found on Briefcase - You'll find that Mr Pitfield is normally very helpful ..........

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Authorities to Act-Keep Representative informed.

TMG Chapter 6-Para 20,Quality Matters issues 9/02- 20/03 & 30/04 plus DLA/AA Bulletin 61/03

DLA/AA customer can give written consent for their representative to be kept informed of progress on a Claim/Reconsideration/Supersession.

An authority for a representative to act on behalf of a customer should be treated as lasting for a whole process of a new claim or Supersession. This includes any reconsideration events that may follow. (A separate authority is required for an appeal unless the authority specifically authorises to continue with an appeal)

The authority should be retained as a supportive document so that it will be available for at least 12 weeks (Bulletin 61/03).

Registration Assistant/ MARS AA action.
If the customer gives written consent for their representative to be kept informed of progress on a claim/reconsideration/Supersession:
 Acknowledge the request using form DBD 645 noted “We will keep your representative informed about your claim”
 Send copy of DBD 645 to the representative
 Attach form DLA629* “Keep representative informed” label to the front of the file
 Make entry in Notepad “Customer representative “name of rep./organisation, address and telephone number” during the event (event type-e.g. New Claim etc)

AA/AO action:
Inform representative of any subsequent action taken on the claim either by:
 Telephone or
 Letter
 Duplicate copies of all correspondence issued to customer must also be issued to the representative.

DPO/MARS AO action:
When representative details are held and a decision has made on the claim:
 Issue Form DBD384A or a copy of any other notification as appropriate to the representative.
 Make entry in the Notepad
 1st Tier DPO –set case control in Dialogue 530 for 12 weeks after the date notification issued “Type 0002”-“12 wk period over, remove reps details”

If the representative details are already held and the customer disputes the decision or a renewal is received, the 12-week case control must be deleted and then reset 12-week case control when a further decision has been made.

thanks for the info

however, it only seems to deal with instances when they hold written authority

In instances when we do not have written authority, are you saying that the bottom line is that they havn't got to tell us anything?

the problem I encounter is that the amount of information they will disclose varies greatly depending upon who you talk to and whether they got a chocolate biscuit with their coffee at their last break.

what I would like to be able to do is pin them down on what they can disclose, by quoting their guidance back to them,
also, if I knew that they weren't follwoing their own guidance I could make a complaint

any suggestions on the above scenario?
thanks

Strictly speaking under the Data protection Act they shouldn't even admit to having a claim in place for a client - same rules that CAB apply. You could after all be a debt collector or similar!

However, armed with an Authority, they must keep you informed at all stages of the application/review etc - in theory - in practice things are somewhat different...a lot of them don't read or have forgotten the guidance .....

The DWP have a policy on 'implied consent' which we have used locally to negate the need for written authority to chase up claims by phone.
I can supply details if needed (but am on wrong computer at the moment!). Basically it says that if a third party calls and has all relevant details eg address, dob, NINO etc. The DWP staff member can ring back to establish the identity of the caller and that they are from a bona fide organisation, but they don't have to have written authority. This can be very useful given time it takes to get through by phone.

The DLA & AA Team members Guide highlighted by Mike is available in the form of a zip file in the guidance section of rightsnet toolkit.

Also, the DWP's personal information policy is in the toolkit. Not sure if its still up to date but it should also be on the DWP website if you want to check.

The DPA doesn't say anywhere that you can't give information out. If they have consent then they can give you the information. How that consent is established is the key, if you have it in writing thats easiest but as someone pointed out, implied consent can be sufficient. The use of security questions is one way to establish this.

Just out of interest Jim are you using the public line or the one for advisers only?

I use the adviser one all the time and have got to say, in my experience, the staff are always very good.

Nicky

Hi,
I'm using the adviser line, although sometimes when you get through they seem to read you the script for the public line, maybe thats the problem - my call is being diverted to public line advisers who have a different set of rules concerning what can be given out over the phone,
maybe they dont realise that I've come thru on the adviser line

I have had the experience of ringing the Disability Centre and having them refuse verbal consent, and refuse to give us the deadline for returning a form. There argument was that if the person really was the client then they would know when the form had to be returned...

This is not helpful (to say the least) when the client is claiming DLA because of their mental health problems, and has trouble remembering things.

What possible problem is there with giving someone (who knows that a claim has been made, and has all relevant client details) a date so that they can book an appointment to complete a form ?

Sorry - this doesn't add anything to the discussion I am just ranting.

Victoria J

Even when consent is sent in in writing there are problems because it isn't put onto the system.

I've just received a reply from DCS after I wrote to them asking why reps' details were not being entered onto the system at Blackpool and also when they included a request to be kept informed of progress, why this was rarely done.

The answer was full of the waffle you'd imagine about being a clerical process "which on occasion can unfortunately be overlooked" but the letter does go on to say "if the correct actions are not taken, this will be taken into account if a reconsideration request or an appeal is received outside the one month time limit."