This page and all the resources have been updated November 2016, as AtW have changed the reconsideration and complaints procedure
The AtW reconsideration and complaints processes have been updated. This is what DWP and ATW say they should be. Please let DeafATW know if they don’t do this, or if they tell you something different.
On this page you can read about:
On this page you can read about:
- What is the difference between asking for a reconsideration and making a complaint? English (BSL soon).
- Reconsideration Process - one stage. English (BSL soon). (With suggestion about what to say and an example letter to download.)
- Complaints process - four stages. English (BSL soon). (With suggestion about what to say and an example letter to download.)
- General suggestions about how to ask for a reconsideration or complain - English & BSL
- Top tips from Deaf people challenging AtW decisions and complaining - English & BSL
- What is PHSO and why is it important? English & BSL
What is the difference between asking for a reconsideration and making a complaint?
15th November 2016
Reconsideration:
When you apply for AtW, or have a review of your award, you send evidence about what you need to an advisor. The adviser looks at your evidence, and at the AtW guidance, and then makes a decision.
If you think that the adviser has made the wrong decision about the support you need, or about what AtW can give you, then you can ask the Reconsideration Team to look at your evidence again, because they may make a different decision. This is called a reconsideration.
Complaining:
If you think that you have had a bad service from AtW or from the adviser, then you can complain. For example; things have taken too long, people haven’t replied to you, they have ignored what you have said to them, the adviser has been rude, they haven’t given you enough time to reply to emails, etc.
You can ask for a reconsideration, and complain at the same time, if you think that they have made the wrong decision and given you a poor service.
Reconsideration:
When you apply for AtW, or have a review of your award, you send evidence about what you need to an advisor. The adviser looks at your evidence, and at the AtW guidance, and then makes a decision.
If you think that the adviser has made the wrong decision about the support you need, or about what AtW can give you, then you can ask the Reconsideration Team to look at your evidence again, because they may make a different decision. This is called a reconsideration.
Complaining:
If you think that you have had a bad service from AtW or from the adviser, then you can complain. For example; things have taken too long, people haven’t replied to you, they have ignored what you have said to them, the adviser has been rude, they haven’t given you enough time to reply to emails, etc.
You can ask for a reconsideration, and complain at the same time, if you think that they have made the wrong decision and given you a poor service.
Reconsideration Process - one stage
15th November 2016
If you think the adviser has made the wrong decision about your Award or Review, then you should let them know ASAP why you think they have made a mistake.
If they say they can’t change their decision, then as soon as possible tell them you want your evidence and decision reconsidered (looked at again) by the Reconsideration Team.
You should write a letter for the Reconsideration team within four weeks of the date of the decision explaining why you think the decision is wrong, and send more evidence if you think this will help. Send this to your adviser, and ask for a reconsideration.
The adviser should tell you that they have sent your evidence, letter, and any new evidence to the Reconsideration team, and tell you how long until you get a reply.
If the adviser doesn’t reply, refuses to do this, or you don’t get a response from the Reconsideration Team, then contact AtW directly. You can do this through SignVideo for free. (You can read more about this in the Update section.)
The Reconsideration Team will look at your original evidence, and any new information you send, and then will say if they think the original decision was right, or will make a different decision. They should do this in 10 working days.
If the Reconsideration Team don’t change the decision, and you think this is a poor service, e.g. they are ignoring important evidence, then you can complain.
If you think the adviser has made the wrong decision about your Award or Review, then you should let them know ASAP why you think they have made a mistake.
If they say they can’t change their decision, then as soon as possible tell them you want your evidence and decision reconsidered (looked at again) by the Reconsideration Team.
You should write a letter for the Reconsideration team within four weeks of the date of the decision explaining why you think the decision is wrong, and send more evidence if you think this will help. Send this to your adviser, and ask for a reconsideration.
The adviser should tell you that they have sent your evidence, letter, and any new evidence to the Reconsideration team, and tell you how long until you get a reply.
If the adviser doesn’t reply, refuses to do this, or you don’t get a response from the Reconsideration Team, then contact AtW directly. You can do this through SignVideo for free. (You can read more about this in the Update section.)
The Reconsideration Team will look at your original evidence, and any new information you send, and then will say if they think the original decision was right, or will make a different decision. They should do this in 10 working days.
If the Reconsideration Team don’t change the decision, and you think this is a poor service, e.g. they are ignoring important evidence, then you can complain.
Complaints process - four stages
27th November 2016
If you think that you have had a bad service from AtW or from the adviser, then you can complain. For example; your application has taken too long, people haven’t replied to you, people have ignored what you have said to them, the adviser has been rude, they haven’t given you enough time to reply to emails, etc.
You can ask for a reconsideration, and complain at the same time, if you think that they have made the wrong decision and given you a poor service.
You can phone the call centre to complain, but it is best to complain in writing, using the AtW Adviser’s email address. If you don't get a reply from the adviser or complaints team, you can email the complaints team directly at: [email protected]
(If you aren't getting a reply from your adviser, you can also phone AtW using SignVideo, or email using the AtW general email address - [email protected], and ask to speak to the adviser's line manager.)
Below you will find suggestions how to complain, with sample letters to AtW and ICE.
First stage (Tier 1) - sorting out the problem straight away:
AtW say that they will try to sort out any complaints (questions or problems) when you first contact them. This can be by letter, email or telephone, and can be call centre staff, an adviser or adviser's manager.
They should contact you within 48 hours to let you know they know they have got your complaint, and let you know their decision within 10 working days. Email the complaints team directly if you don't get a reply.
Second stage (Tier 2) – Complaints Enquiry and Review Team (CERT) or Complaints Resolution Team (CRT):
If AtW haven't sorted out your complaint, or you have already had a reconsideration decision, then write to the Director General of the DWP and ask for your complaint to be investigated. You should do this ASAP, not later than six months from the date of the first stage / tier 1 complaint response.
The Director General's address is: Andrew Rhodes, Director General of DWP Operations, DWP Operations, Po Box 50101, LONDON, SW1P 2WU. [email protected]
The complaints team should contact you to talk about your complaint, and agree how to investigate it.
They should contact you within 15 working days to tell you what they have decided, or to let you know when they will answer, if it will take them longer than 15 days to investigate. Email the complaints team directly if you don't get a reply
When AtW reply, they should tell you what to do next if you are still not happy with their investigation or decision.
Third stage - Independent Case Examiner (ICE):
If you are still not happy you can complain to the Independent Case Examiner (ICE). You should do this ASAP, not later than six months from the date of the second stage / tier 2 complaint response.
DeafATW suggest that you also send a copy of your complaint to your MP at the same time you complain to ICE. You need to tell you MP within 12 months of you knowing about the problem for the PHSO to be able to consider your complaint.
Fourth stage - Parliamentary and Health Service Ombudsman (PHSO):
If you are not happy with ICE’s investigation or decision, then ASAP complain to PHSO. You must do this through your MP.
PHSO are a truly independent organisation who will look at your complaint. There's more information about the PHSO on the PHSO page.
If you think that you have had a bad service from AtW or from the adviser, then you can complain. For example; your application has taken too long, people haven’t replied to you, people have ignored what you have said to them, the adviser has been rude, they haven’t given you enough time to reply to emails, etc.
You can ask for a reconsideration, and complain at the same time, if you think that they have made the wrong decision and given you a poor service.
You can phone the call centre to complain, but it is best to complain in writing, using the AtW Adviser’s email address. If you don't get a reply from the adviser or complaints team, you can email the complaints team directly at: [email protected]
(If you aren't getting a reply from your adviser, you can also phone AtW using SignVideo, or email using the AtW general email address - [email protected], and ask to speak to the adviser's line manager.)
Below you will find suggestions how to complain, with sample letters to AtW and ICE.
First stage (Tier 1) - sorting out the problem straight away:
AtW say that they will try to sort out any complaints (questions or problems) when you first contact them. This can be by letter, email or telephone, and can be call centre staff, an adviser or adviser's manager.
They should contact you within 48 hours to let you know they know they have got your complaint, and let you know their decision within 10 working days. Email the complaints team directly if you don't get a reply.
Second stage (Tier 2) – Complaints Enquiry and Review Team (CERT) or Complaints Resolution Team (CRT):
If AtW haven't sorted out your complaint, or you have already had a reconsideration decision, then write to the Director General of the DWP and ask for your complaint to be investigated. You should do this ASAP, not later than six months from the date of the first stage / tier 1 complaint response.
The Director General's address is: Andrew Rhodes, Director General of DWP Operations, DWP Operations, Po Box 50101, LONDON, SW1P 2WU. [email protected]
The complaints team should contact you to talk about your complaint, and agree how to investigate it.
They should contact you within 15 working days to tell you what they have decided, or to let you know when they will answer, if it will take them longer than 15 days to investigate. Email the complaints team directly if you don't get a reply
When AtW reply, they should tell you what to do next if you are still not happy with their investigation or decision.
Third stage - Independent Case Examiner (ICE):
If you are still not happy you can complain to the Independent Case Examiner (ICE). You should do this ASAP, not later than six months from the date of the second stage / tier 2 complaint response.
DeafATW suggest that you also send a copy of your complaint to your MP at the same time you complain to ICE. You need to tell you MP within 12 months of you knowing about the problem for the PHSO to be able to consider your complaint.
Fourth stage - Parliamentary and Health Service Ombudsman (PHSO):
If you are not happy with ICE’s investigation or decision, then ASAP complain to PHSO. You must do this through your MP.
PHSO are a truly independent organisation who will look at your complaint. There's more information about the PHSO on the PHSO page.
Sample letters and suggestions to help you write your complaint at each stageBelow you'll find sample letters for each of the stages including asking for reconsideration, complaining to AtW / DWP and telling your MP about your complaint, and complaining to ICE. There isn't a sample letter to complain to PHSO because you and your MP have to fill in their form. PHSO can help with interpreters.
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Sample letters and suggestions to help you write your complaint at each stage - BSL |
There is no sample letter to complain to the Parliamentary and Health Service Ombudsman (PHSO), because you need to use the PHSO's own form, and the PHSO is happy to communicate using BSL if you'd prefer. You can read more about the PHSO below.
General suggestions about how to ask for a reconsideration or complain - EnglishThere are more detailed suggestions in the documents you can download for each stage of the complaint. This general information is relevant to all the stages of complaint.
If you write a reconsideration or complaint letter, keep it quite short (try no more than two pages typed). Your evidence may be longer than two pages. Be very simple and clear – say why you do not agree with the decision and explain why it cannot work for you. Explain what you need to have instead to support you in your work. Say what effect it has had and is having on you that you cannot have the support you had before (e.g. can't afford interpreters for the hours that AtW has agreed with you, can't use appropriately qualified interpreters, are no longer be able to do your job effectively, etc.). You may also want to explain why the Reconsideration or Complaint decision is wrong, for example, what they have or haven’t considered in making their decision. And say if they didn't tell you how to complain if you weren't happy with their decision. Also ask what the next stage of the complaints process is in case you want to continue your complaint. |
General suggestions about how to complain - BSL |
Top tips from Deaf people challenging AtW decisions and complainingHere are the top tips from Deaf people who have asked for their decisions to be Reconsidered, or who have complained, based on what has worked, and not worked, for them.
1. You can and should challenge wrong AtW decisions You may think that AtW have told you that you can't challenge their decision. But that's not true. You CAN'T appeal, but you CAN ask them to Reconsider their decision, and then CAN complain to AtW, to the Department of Work and Pensions (DWP), the Independent Case Examiner (ICE), and finally the Parliamentary and Health Service Ombudsman (PHSO). This process is described below, with sample letters for each stage of the Reconsideration and complaints process. It is easier than it looks and can take less time than you think. If you think they've got it wrong, and you can't do you job properly, you can and should challenge them. If because of the AtW changes you have lost or may lose your job soon, or you can’t do your job, or you have no budget, then please contact DeafATW directly as there may be quicker ways to get help than going through the complaints process. You can still complain, even if you have signed and accepted a budget from AtW. Even if you have signed to ‘accept’ new support from AtW, if it does not meet your needs then you CAN continue to complain to AtW and DWP, then ICE and PHSO. There are no rules saying when people can complain. You can complain any time. Some Deaf people don't want to complain because they think that AtW will be cross, and that they won’t give them any money if they complain. Even Deaf people who don’t complain seem likely to have their budgets cut. It now looks like the only chance Deaf people have to get AtW to properly fund their support needs is to complain. If many people complain, it is more likely AtW will improve. 2. Be clear and focus on work needs. • Being realistic, what communication support do you need to be able to do your job properly, not just what you want? AtW aren’t interested if you want to use a qualified interpreter, so you need to explain why you need one, e.g. why doing your job properly depends on you using one. Etc. • Why do you need that communication support, and not something else? • Do you have evidence that can show why you need this? • Do research yourself – get at least 3 quotes, you’re trying to build a case to make life as easy as possible for the AtW Adviser. • What are the main problems with the AtW decision? • How will these changes affect you and your job? (How does not getting your communication needs met put you at a substantial disadvantage compared to your hearing colleagues). 3. Keep records of everything. • Emails and letters are easy to keep. • If something is said to you over the phone, write it down. • If your budget is going to change, always check what date AtW say your budget will change. Challenge AtW Advisers when they say what they are doing is because of a rule When AtW tell you something, for example, that AtW does not pay cancellation charges, or AtW doesn’t pay for travel, they will often say that it is a rule. They will often say this even when they tell you something that is the opposite of what is in AtW’s Guidance! So, if AtW tell you something is a rule, or is Guidance, ask them to tell you where that rule or guidance is written down, and to send you a copy. If they say no, then complain about this. (You can also make an FoI request). 4. Don’t waste time. • Once you have had the decision, if you disagree with it, be careful not to waste too much time talking to your AtW Adviser, as it is likely not make any difference. • Instead write to ask for Reconsideration as soon as you can. • When you have the Reconsideration decision, make a formal complaint as soon as possible, and send a copy to your MP. • Once you’ve had a response to that complaint, escalate your complaint to the Director General DWP, then to ICE, then PHSO asap. • If AtW don’t reply to your request for reconsideration or complaint, check they’ve received your email or letter. • AtW Guidance Version 22 says that they should respond to your complaint within 7 days (AtW Appendix 5). Chase AtW if they take too long to reply. 5. Get support. Some Deaf AtW users have found that when their employer talks to AtW things get sorted out. Other Deaf people have found it hasn’t helped, or has made things worse. If your employer is supportive, understands the issues, and is willing to work with you, then it may help to ask them to talk with AtW. Eva Fielding-Jackson who is Deaf herself is the Access to Work Project Officer with Action on Disability and Work UK (ADWUK). She may be able to talk with AtW on your behalf, which may help. You can find out more about the service, and get her contact details, using the Get Support link. |
Top tips from Deaf people challenging AtW decisions and complaining - BSL (Part 1 - you can challenge AtW decisions)Top tips - BSL (Part 2 - be clear and focus on work needs)Top tips - BSL (Part 3 - keep records of everything)Top tips - BSL (Part 4 & 5 - don't waste time, and get support) |
What is PHSO and why is it important?PHSO is the abbreviation for the Parliamentary and Health Service Ombudsman.
PHSO is the last stage of the complaint process. They investigate complaints about public services and about the NHS. They are completely independent from the government. If you complain to PHSO and they find failings in the way AtW handled your case, they can ask AtW to put that right. One of PHSO’s aims is to ‘drive improvements in public services’. This means that they think about how to make services better for everybody, and can ask the government department to make changes to things that do not work well. But they can only do this based on the complaints that they see. If you do not complain to PHSO, they will not know about the problems with AtW. PHSO is an accessible service. You can make your complaint in BSL and they will communicate with you in BSL if you need them to. They can also write in Deaf-friendly English. When you contact PHSO you must let them know how to communicate with you. |
What is PHSO and why is it important? BSL
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