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Complaints procedure for ESA
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# 1
Sunny Saver
Old 09-09-2011, 3:16 PM
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Default Complaints procedure for ESA

Hello

I'm trying to look up the Complaints Procedure vis-a-vis bad customer service from ESA staff.

My friend was in receipt of this and his allowance has been stopped. He wasn't informed of this, only found when there was no money in the bank.

He asked for a copy of the disallowance letter and medical report about six weeks ago, yet still they have not been sent.

Apparently he can't make an appeal without seeing the medical report, as he doesn't know what he's appealing against.

He's not PC literate so asked me to look up the Complaints Procedure, as he wants to complain about the staff who have not sent him the information, but I can't find it online. When he rung them up, they said 'write a letter', which he did about two weeks ago, but they 'haven't received it'.

Thanks.
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# 2
rogerblack
Old 09-09-2011, 3:40 PM
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Quote:
Originally Posted by Sunny Saver View Post
Hello

I'm trying to look up the Complaints Procedure vis-a-vis bad customer service from ESA staff.
This is rather less important than ensuring that the appeal goes forward.
http://www.direct.gov.uk/en/MoneyTax...ts/DG_10013949

is an overview.
Briefly.
A decision that has been made on a benefit is only legally in force once it's been notified to the claimant.
However - if it has been posted by the DWP, you are assumed to have recieved it within the usual timelimits of the case.
I note that a sum I did a couple of weeks ago was that the post office misdeliver around 16 tons of DWP mail a year.

Secondly, once it's been notified, you have one month to appeal the decision.
If the reasons why the decision has been made are unclear, you can request a statement of reasons - you do not have to use these words, or on any form - any method of requesting an explanation of the decision should trigger this ideally.

Requesting a statement of reasons extends the time period from 4-6 weeks after the decision was made, and more importantly in your case, up to 2 weeks after the statement of reasons has been received by the claimant.

So, if they haven't got it yet, the appeal is still running.

Otherwise, if they do not accept that it was a statement of reasons, a letter of complaint about how the staff handled it, even if within the 4 weeks appeal window - may not be a valid appeal - so his opportunity to appeal in time has now lapsed.

The most important thing isn't at this stage to complain, but to get the appeal process going, as if this happens, he gets paid for the time the appeal takes.
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# 3
Sunny Saver
Old 09-09-2011, 3:55 PM
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Thanks rogerblack.

What he's done is written a letter appealing the decision just before the month, giving the reason that the decision was wrong. He stated that because he had not received the medical report, he could not be more specific.
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# 4
rogerblack
Old 10-09-2011, 11:44 PM
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Quote:
Originally Posted by Sunny Saver View Post
Thanks rogerblack.

What he's done is written a letter appealing the decision just before the month, giving the reason that the decision was wrong. He stated that because he had not received the medical report, he could not be more specific.
That is quite adequate for an appeal.
If he does nothing more, other than to say that he wants to continue the appeal, he will, in the fullness of time, get a pack of papers that the DWP also sends a copy of to the tribunals service.
This will include the medical report, and he can contact the tribunals service with his rebuttal.
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# 5
cit_k
Old 11-09-2011, 6:14 AM
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The complaints procedure, basically consists of the DWP fobbing you of with half-hearted apologies, or lies, and then repeating the process shortly after.
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# 6
rogerblack
Old 28-11-2011, 10:27 PM
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You simply state you want to appeal, in wtiting.
It doesn't even have to be on any form.
It needs enough information to identify you, and a reason why you are appealing.
'I do not believe the assessment of my condition was accurate, and this has lead to the wrong decision' - for example is quite adequate.
You can elaborate later.
It needs to be recieved by them within 4 weeks (usually) of the date the decision was notified to you.
_Always_ send it recorded, or special delivery, and tell them you're sending it, and chase up after a week.
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