Written evidence from Southampton Advice and Representation Centre Limited
We are an advice centre that specialises in welfare benefits. We attend over 100 benefit tribunals each year. This includes attendance at appeals regarding sanctions.
We have been frustrated at the use of sanctions which are then often overturned at Appeal hearings. We can recall one case where we challenged four sanctions at the tribunal for one client. We were successful in three of them. One included where the claimant was told he had to apply for 20 jobs in a week, he only applied for 12. The appeal was overturned in favour of the claimant as they were satisfied that he was actively seeking work and were critical of the department for such a high target.
Another case that springs to mind was one where he had multiple previous sanctions. He found a part time job that could lead to more hours. This was the first job that he had after two years, he worked around 16 hours and was still sanctioned as he did not further job seek in the remaining balance of 35 hours of that week. The crazy thing is that his JSA stopped anyway as his earnings were above the £73 level of means tested JSA, yet he was still sanctioned. So we had the situation that he had found a job the first week in a long time and yet he was demoralised by yet another sanction. A better approach would have been to congratulate him on finding work and gently remind him that he still had an obligation to job seek in the periods he was not at work. Not decide to cause further hardship and further sanction.
We also historically have taken cases to the Appeal successfully for specific failure to apply for jobs. When the papers come through advising of the job they should have applied for appallingly it simply states ‘’Unknown!’’. Therefore the department are stopping funds on the basis of not applying for a job that the DWP cannot even give details in the official papers and sanction letters. Unsurprisingly once again at the appeal hearing, these decisions are overturned immediately.
We should not forget the sanctions imposed on those who are in the work related activity group of ESA. Often they have severe mental health problems and fall foul of the fairly rigid requirement to complete and attend work preparation activity. These are people that the DWP accept are unfit for work, If they are sanctioned for non-participation, then this has a massive negative effect on their health and well-being, taking them even further from being able to consider a return to work.