Challenging access to work | frequently asked questions

Frequently Asked Questions (FAQs)

AtW have told me that that as AtW is not a statutory benefit I can't complain. Does that mean I can't complain?

AtW may tell you that as AtW is not a statutory benefit "there is no right of appeal against decisions".

A statutory benefit is something like the DLA, where you get a fixed amount of money, depending on your assessment. Appealing means that you can go through a legal process to challenge the amount of money they give you, etc.

But because AtW is meant to be decided on an individual basis for your individual work needs, and it is not a benefit, you can't appeal.

Many Deaf people think, and AtW sometimes imply, that this means Deaf AtW users can't complain, which isn't true.

Deaf AtW users do have the right to complain, even though there is no appeal process. This website has all the information you need to help you do that.

AtW have told me that that as AtW is not a statutory benefit I can't complain. Does that mean I can't complain? BSL to be added soon.

When can I complain?

Any time. Really!

AtW and the DWP may tell you all sort of things, but the truth is there are no rules saying that you can’t complain.

Look at the next two FAQs below if you want more information about this. If you still have a question, ask using the contact DeafATW form.

When can I complain? BSL

Can I complain while I am waiting for an AtW Review Decision or Decision Letter?

After you have received your AtW decision letter, if you are not happy you can ask AtW to Reconsider the decision.

AtW say that you can’t ask them to Reconsider before you have received the letter. This is right, because before you get the decision letter there is nothing for them to reconsider.

BUT –

if they way they are assessing you is not right,
or the AtW Advisers are rude,
or they have told you the decision but are making you wait a long time for the letter,
or they are making changes and back dating those changes (e.g. it’s now December 2013 and they tell you the changes are from September 2013),
or they have made changes and told you that you you have to make a new application if you disagree with their decision, but you think this is wrong,
etc.

You can start to complain now. You can complain about the things you are unhappy about. And start by complaining to AtW (the second 'stage' of the complaints process).

Or if the impact is serious, for example, you might lose your job, and you need to sort this out urgently, go here.

Can I complain while I am waiting for an AtW Review Decision or Decision Letter? BSL

Can I complain if I’ve signed to accept the new AtW support?

After you have received your AtW decision letter, if you are not happy you can ask AtW to Reconsider the decision.

If they decide not to change anything, you can complain. You can complain even if you accept and sign the offer letter. For example, you can complain about -

if the way they assessed you was not right,
or they didn't consider information that was relevant to making a decision about your access needs for your job,
or the AtW Advisers were rude,
or the award doesn't meet your work access needs, e.g. not enough hours, not enough money to pay for the support you need, etc.

Can I complain if I’ve signed to accept the new AtW support? BSL

What would be useful to look at on DeafATW before complaining?

The main place to look is the How to Complain section.

I'd suggest reading "Top tips from Deaf people challenging AtW decisions and complaining" first, as that has useful information about things that might help.

Then "The process for challenging AtW decisions and complaining" which is available in BSL, English and as a flowchart, as it helps to have an understanding of the whole complaints process.

"General suggestions about how to complain" is a reminder of the main things to take into account when you are writing your complaint.

"Sample letters and suggestions to help you write your complaint at each stage" has letters to make it easier for you write yours, and there is also more information about how to complain at this stage.

That's enough to be able to complain and write your letter, but if you have particular questions about things they are telling you are rules, (for example what their Guidance says about booking two interpreters for meetings, paying for cancellations, travel costs, etc.) it may also be useful to use the side tabs "Useful things to know in AtW’s own Guidance" and "AtW’s Own Guidance".

What would be useful to look at on DeafATW before complaining? BSL

The written English is difficult for me to access. Is there any help for me to complain?

Many interpreters will help translate with you. Ask them. They can translate the information on the website that isn't in BSL. They can also help translate into English, for example to write your reconsideration letter or complaints.

If you are complaining to AtW, DWP, ICE or the PHSO you can also ask them how they can make the complaints process accessible to you as a BSL user, especially if you have no or very few interpreting hours.

The PHSO will use BSL to communicate with you, if that's what you prefer.

You can also ask Eva Fielding-Jackson at ADWUK to help you.