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AtW publishes the guidance that AtW Advisers use when they make decisions about your support.
Click here to see the latest guidance. It is a long document, but if you download the PDF you can search for things that are relevant to you.
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30th July 2019 If Deaf people need to complain about Access to Work, they can do this using BSL in two ways. (1) Click on the link for the Video Relay Service, on the apply pages on Gov.uk: https://www.gov.uk/access-to-work/apply. This will connect you to the interpreter. (See screenshot below). When you get through to the Access to Work Enquiry line, let them know that you want to make a complaint. They will take details of your complaint, and pass it on to the AtW Complaints Team. (2) If you have received emails from an AtW advisor then there will be a link and 4 digit number at the bottom of the email. If you click on this link you will be connected to the Video Relay Service. Give the interpreter the four digit number from the email, and they will connect you to the AtW adviser. Tell the adviser that you want to make a complaint. DWP are making BSL videos about the AtW Reconsideration and Complaints procedures that should be available by the end of the year. Please let DeafATW know if you try to make a complaint in BSL.
 20th April 2016
NUBSLI made a Freedom of Information request about the pay rates for interpreters and CSWs that they use when working out awards for Deaf people. The answer was that AtW "does not have set pay rates for BSL/English interpreting and CSW support for Deaf and deafblind people. Access to Work advisers, in discussion with the customer would establish both the level and type of support required and source this from within the area where they are working and do so on the best value for money basis." So if an AtW adviser tells you that the award is based on a fee that you know is too low for your area, you can challenge them, and show them the DWP's answer to the FoI request. They should be allowing you to send in questes so you can show what the market rate is for your area. Click here to read the full NUBSLI post. 18th March 2016
If AtW make a decision that doesn't make sense to you, then ask them to explain how they made the decision. If they still don't explain, ask again, and again, and again (!), until they do. Questions you can ask them include:
AtW advisers can make choices in what they decide, but they have to have a reason for those choices, they can't just make things up, or make decisions with no reason. Because they are a public service decision maker they are obliged (have to) tell you their reasons for their decisions. If the AtW adviser doesn't answer your question, or says that you have to do something, then just write back and ask them again. And again. Etc. If they refuse, or ignore you, then you should complain to AtW. Read "Never give up - An AtW success story" below about how this can work. 18th March 2016
Sometimes it can feel really hard to sort things out with AtW. Especially if it feels like AtW won't listen to you. This is a true story (I have changed some of the details to keep it anonymous) of someone who didn't give up, and got what they need in the end. Hannah is a BSL user who works with hearing children. She applied to AtW and said she needed 22 hours CSW support. At first, AtW said that the CSW would be doing Hannah’s job for her, so AtW would not support her. Hannah asked the AtW adviser how the CSW would be doing her job instead of her, but the adviser never answered that question. The adviser wouldn't change the decision, so Hannah asked AtW to reconsider the decision. The reconsideration decision said that they agreed with the adviser's decision, and would not change it. So Hannah made a complaint to AtW, because they had not explained how the CSW would be doing her job, but they did not reply for 4 months. She chased them 5 times, but they still didn't investigate her complaint. So she wrote to her MP. Her MP chased AtW, and they said they would investigate her complaint that week. They still didn't. So Hannah complained to the PHSO. The PHSO agreed with Hannah that AtW had got it wrong. They asked AtW to go back and make the decision again. This time, the AtW adviser decided that Hannah only needed 10 hours’ support a week, even though she had said 22 hours was what she needed to be able to do her job. Hannah asked the AtW adviser to explain how they decided 10 hours would be enough. The adviser did not not explain this, but asked Hannah for more information. Hannah gave the adviser the information they asked for, and also asked the adviser to explained how they had reached the view that this support would meet her minimum needs. The adviser didn't answer the question, and said that Hannah needed to explain why she needed 22 hours. Hannah wrote back and asked the adviser again to explained how they had reached the view that this support would meet her minimum needs. The adviser again replied, and didn't answer the question. This carried on for two months, Hannah just writing back and asking them the same question, and explaining that the adviser did need to answer the question about how they had made their decision. Hannah really felt like giving up, but she didn't. Then after 2 months, the AtW adviser wrote to Hannah and said they agreed to give her the 22 hours she had asked for. Success at last. The important thing Hannah did was not to give up, or get cross, even when she was very frustrated and fed up. AtW had not explained why they thought 10 hours was enough, so Hannah made sure she kept repeating that question. Because AtW could not explain their decision, they agreed to her request. So if you feel like giving up, remember this story. It may take time, and patience, but you can get there in the end. 7th November 2015
If you ask for a reconsideration, when AtW reply they say something like "This decision is final and there is no further review process within Access to work. As your continued dissatisfaction relates to our policy, guidance and the decision we have given you, we are unable to escalate this issue any further on your behalf". Many Deaf people think this means they can't complain. This is not true. If you think AtW have not assessed your needs properly, or have made mistakes in their decision, etc. then you can complain. If you aren't sure how to complain, contact DeafATW. |