The Mary Ward Centre

On 23 April, I enrolled on two courses at one of London's premier adult education colleges, The Mary Ward Centre, whose aim it is “to promote public education and social service for the benefit of the community”. I attended the first part of the course in May and I even got a nice certificate but then I received an email telling me that the second part, Access Advanced, had been cancelled and that I would be receiving my refund in the post.

Enrolment for 2010/2011 began yesterday (my course was scheduled to start yesterday too), and so I was there. The cancellation took place, I was told, because almost no one had enrolled for the Advanced Access course. And the reason why I hadn’t received my refund is because the Centre mailed the cheque to the wrong address and it had been returned to them. It also so happens that they typed my surname wrong on the cheque, and the typo would only be rectified by hand.



Although I have now paid for an additional two courses, I couldn’t get confirmation of my enrolment. That will be sent to me in a couple of weeks, I was told. In the meantime, we continue to battle Jobcentre Plus of the Department for Work and Pensions to do training courses of our choosing. Declan’s battle on this front has in fact made its way all the way to the Independent Case Examiner. Jobcentre Plus is refusing him access to a Starting a Business course that would enable him register NAC as a company limited by guarantee (see blog of 30 April “Declan's complaint against Jobcentre Plus goes to the Independent Case Examiner”).

On a more positive note, yesterday Declan finally found a solicitor to represent us. Declan has informed our solicitor that he will continue to build our case this side of suspension or termination of benefits (see yesterday's blog “Department for Work and Pension’s double breaches the Data Protection Act: Letter to the Information Commissioner”), but at least now we know we have a solicitor who is willing and able to act for us. This is huge!

Department for Work and Pensions double breaches the Data Protection Act: Letter to the Information Commissioner

Jobcentre Plus (JCP) is an executive agency of the Department for Work and Pensions (DWP). On 10 May, Declan requested a copy of all personal data held by JCP in respect of the termination of our benefits in September 2006. First, he was told that they hold no system or clerical records relating to that period and action (see blog of 29 May “Department for Work and Pensions breaches the Data Protection Act”). Yesterday they ran out of the 40 calendar days they had to get a copy of the information to him. A double breach of the Act!

Declan requested the information after he was notified by JCP that we weren’t forced to live rough on the streets of London for more than 2 1/2 years because Declan failed to “sign on” TWO DAYS BEFORE he was due to do so on 29 September 2006, but because he failed to attend an appointment on 19 September 2006 (see blog of 6 May “Department for Work and Pensions rewrites our history”). Just as well we have the letter of termination we received in September 2006 archived here!



Declan’s complaint of 30 April against JCP for refusing him access to a Starting a Business course that would enable him register NAC as a company limited by guarantee has yet to be dealt with by the Independent Case Examiner (see blog of 30 April “Declan's complaint against Jobcentre Plus goes to the Independent Case Examiner”). Today he is pursuing the Information Commissioner, Christopher Graham, to solve the problem of missing data. This is Declan's second letter to Graham, which he dispatched by registered post this morning:

Dear Mr Graham

Data Protection Act 1998, Subject Access Request

Thank you for your letter dated 7 June 2010 (attached). As I stated in my previous letter to you dated 29 May 2010, I wrote to Jobcentre Plus (JCP) of the Department for Work and Pensions (DWP) requesting personal information but my information has been lost or is not held securely. Yesterday 40 calendar days elapsed since the receipt of my request and JCP has failed to get a copy of my information to me.

I enclose a copy of a letter dated 5 May 2010 from JCP Director David Chapman, stating:

We have no record of closing your claim on 27 September 2006 but we did close your claim in September 2006 because you missed an appointment on 19 September. If a customer misses an appointment we may close their claim with a one day suspension of benefit.

I responded to this letter by asking JCP Chief Executive Darra Singh for the following information: a copy of all personal data held by the data controller in respect of the termination of my joint claim for Jobseeker's Allowance in September 2006 (see enclosed copy of my letter of request dated 10 May 2010 with enclosure).

The response to this request has been to provide me with Jobseeker's Allowance Clerical Records and Jobseeker's Allowance System Records (see enclosed copy of the first letter of response from JCP dated 27 May 2010), but I have not been provided with any system or clerical record in respect of the termination of my joint claim for Jobseeker's Allowance in September 2006. Moreover, I have been informed that “after a thorough search Highgate Jobcentre Plus have confirmed that they hold no system or clerical records relating specifically to that period and action” (see enclosed copy of the second letter from JCP dated 27 May 2010).

I have not, for example, been provided with a copy of a letter dated 27 September 2006 terminating my claim because, allegedly, I failed to sign my declaration (see enclosed copy of the letter of termination dated 27 September 2006). Please kindly note that the aforementioned letter to Mr Singh points out the following:

• My joint claim for Jobseeker's Allowance was terminated on 27 September 2006 because I did not “sign on” TWO DAYS BEFORE I was due to do so on 29 September 2006.

• My wife and I were forced to live rough on the streets of London for more than 2 1/2 years, from 3 November 2006 to 13 July 2009.

• I exhausted the appeals process from the street, where my case was dismissed by Mr Justice Walker of the High Court (Judicial Review), Lord Justice Scott Baker of the Court of Appeal and three judges of the European Court of Human Rights in spite of the fact that I was denied the internal appeals process by procedural impropriety on the part of the enforcement authority (the DWP).

• My joint claim for Jobseeker's Allowance was not even reinstated until 9 October 2009 – almost three months after we gained access to a roof over our heads – because my wife’s National Insurance number was “lost” from the Department’s computer system.

It has been confirmed by JCP Director Matthew Nicholas that my request was received on 12 May (see enclosed copy of the third and most recent letter from JCP dated 28 May 2010). I can therefore confirm that yesterday 40 calendar days elapsed since the receipt of my request and JCP has failed to get a copy of my information to me. Your website states: “Once the organisation receives your request it has 40 calendar days to get a copy of your information to you” (taken from “Data Protection FAQs – For the public”).

Please would you ask JCP to solve this problem of missing data in respect of the termination of my joint claim for Jobseeker's Allowance in September 2006. If they do not, I would request that you consider taking formal legal action such as issuing an enforcement notice ordering them to do so.

Yours sincerely

Declan Heavey

cc Mr Darra Singh, Chief Executive, Jobcentre Plus (by email)
Ms Patrice Mulligan, Manager, Highgate Jobcentre Plus (by hand)