Correspondence in 2010

Further to my letter of 25th November 2009, I am now in a position to provide you with a response to the concerns outlined in your letter of 26th September 2009. Please accept my apologies for the delay in doing so.

Firstly, I can advise that points 2 and 3 of your letter of 26th September 2009 have been considered by the Medical Manager Dr Bruecker. He has advised that your completed ESA50 (self assessment questionnaire) dated 12th June 2009 does not indicate functional disability which would place you into the support group for ESA, demonstrating limited capability for work related activity. This was confirmed by the subsequent assessment. Please note that those pIaced into the support group are not required to attend work- focused interviews.

Dr Bruecker has advised that the pathology of your condition is not clear from the availabIe evidence and in order to establish whether your case falls within the support group he has arranged for a request to be issued to your GP to provide further information. Once received, consideration will be given to whether you should be placed into a support group and therefore not required to attend work focused Interviews.

Our National Customer Relations Manager, Mr Pepper, has provided his comments in response to the other numbered points you have raised:

1. He confirms that an assessment of capacity was undertaken which is different to a diagnostic consultation. There is no requirement to have NHS medical records available for the assessment. When it is considered appropriate by the Healthcare Professional (HCP), further medical evidence can be requested from the customer's medical carers.

4. Travelling time of 90 minutes each way by pubIic transport is a contractual agreement with the Department for Work and Pensions (DWP).

5. I can confirm that I have raised this matter with the Medical Directors' for their information.

6. The arrangements for your appointment and subsequent complaint were not well managed and clearly this caused you considerable upset and inconvenience. Mr Pepper has asked that his assurances be passed on to you that he has accepted your Feedback and this wil l be used in a current review of appointment scheduling being conducted jointly with the DWP. In view of this, Mr Pepper would be prepared to offer you a consolatory payment of £100 in recognition of the deficiencies in the level of service you received.

7. This is a matter for the DWP and you are free to approach them an this point.

8. Atos Healthcare annually undertakes over 30,OOO customer surveys, which show satisfaction levels monthly around 900%. However, there are occasions when the level of service has fallen below acceptable standards and for that Mr Pepper apologises on behalf of Atos Healthcare. However, for the avoidance of doubt, Atos Healthcare has acted in good faith throughout and denies that it has breached any appropriate statutory instrument during the course of this matter.

If you are prepared to accept the offer of the consolatory payment referred to above, I would be grateful if you could please complete the attached form and return to me in the envelope provided. I will then arrange for payment to be made to you.

When further information is received from your GP we will advise you of the outcome.

Once again, I am sorry for the upset caused to you as a result of your dealings with our service. I also hope that this letter has proved helpful in addressing your concerns.

Without Prejudice

Dear Mr ...,

Ref: ...

Atos Healthcare's offer of £100.00 is contained in the letter to which this form is an attachment, without prejudice to previous or future correspondence from Atos Healthcare.

Payment will be made by BACS transfer, directly into your bank account. We wilI therefore, require the following information from you.

Name of account holder:

Bank account number:

Bank sort code:

If you wish to accept this consolatory payment, please sign below:

I accept the payment of £100.00

I understand that payment will be made upon receipt of the signed form.

Signed:

Date:

Regarding your overdue letter dated 7 January 2010 which I received on 8 January 2010 which followed my letter of the 26 September 2009 and previous. Unfortunately my medical condition has declined further and in the last week I have had to spend time in hospital. My strength is failing. Fits have returned with increased force. I wish you would not procrastinate further.

I conclude from reading your letter that you agree that Atos Healthcare has acted illegally, is guilty of multiple instances of breach of contract of the Contract between the DWP and Atos Healthcare and that you are unable to deny the evidence of systematic failure in the Cardiff, Highgate and Leeds offices.

I insist this matter be immediately referred to The Independent Tier.

The Medical Act 1983 et al makes it an offence for unqualified medical practitioners to undertake medical procedures. The Welfare Reform Act 2007 and previous requires a medical examination. The Minister has confirmed to me that the ESA information should be processed by a qualified medical practitioner. You have agreed in writing that this was not complied with. The Independent Tier should identify the individuals and their managers and request the Police to investigate and prosecute.

An unqualified Atos Healthcare employee and their manager reviewed the information provided and decided a face to face meeting was necessary. This illegal act meant I was required to attend an appointment. Atos Healthcare failed in their duty of care. I would like to stress the seriousness of this matter. If I had died on the way to, at or on the way from this appointment the directors of Atos Healthcare would be facing charges of corporate manslaughter.

I would like The Independent Tier to review my letter (as attached) of 5 November 2009 to the General Medical Council and for The Independent Tier to formally support my complaint over the actions of David Wright, Chief Medical Officer, Atos Healthcare. It would be helpful if The Independent Tier would present to the GMC the evidence of my case to support my complaint.

I would like The Independent Tier to identify the individuals and their managers who were in breach of contract including the repeated failure to acknowledge within 2 days and respond within 20 days, appointment travel times not to exceed 90 minutes, the payment of travel expenses, failure to refer to The Independent Tier and other examples. I would like confirmation that disciplinary action has taken place and to be informed of the nature of the disciplinary action.

I would like The Independent Tier to compel Atos Healthcare to cease misrepresenting the legal term "customer". Atos Healthcare should use "claimant" or "patient" or "patient claimant". The DWP is the customer of Atos Healthcare.

I would like The Independent Tier to review all the cases that were undertaken by the individuals involved in my case and others who followed the same procedures and ensure remedial action is undertaken. The remedial action should include full refunds to the DWP and a statement of account to the National Audit Office. The Independent Tier should write to the auditors of Atos Origin and inform them that the accounts of Atos Origin should be qualified as significant refunds to the DWP are likely.

I would like a personal letter of apology from Mark Bounds, SVP and Managing Director Government and Health Markets and an assurance from him that he will refocus Atos Heathcare to meet their duty of care and to meet in full their contractual obligations. In addition, I would like to receive compensation similar to that I could expect if this matter was put before the High Court. I would like recompense for the actual damage caused by Atos Healthcare and my costs in respect of time and correspondence (see http://www.whywaitforever.com/dwpatos.html).

I expect, by return, your confirmation that this matter has been forwarded to The Independent Tier. I have agreed to keep the Minister informed.

Date: 11 January 2010 OurRef: FOI 1144-2419

Dear Mr B...

Thank you for your letter sent to Ms C... at Atos Healthcare, a copy of which was sent to me on 20 November 2009 to respond to particular points in my role as DWP's Medical Services Freedom of Information Officer.

You asked for the name of the Healthcare Professional's who were involved with your case. We are advised by Atos Healthcare that the Health Care Professional who scrutinised your case prior to assessment was Mrs Tanya Catherine Andrews The Health Care Professional who completed your medical assessment was Dr Ludmila Semetillo.

You asked for information on how to these qualifications with the GMC. For Mrs Tanya Catherine Andrews her Nursing and Midwifery Council Practitioner PIN is 97C0338E Nurse's primary qualifications are held in the public domain and appear on the Nursing and Midwifery Councils website. If you would like to Please refer to www.nmc-uk.org then click on "search the register" from the menu, click on "search the register" and complete the appropriate fields prior to clicking "submit" Atos Healthcare assures DWP that the person registered on NMC website Mrs Tanya Catherine Andrews and Miss Tanya Catherine Waddington is the same person. For Dr Ludmila Semetillo his General Medical Council number is 6165133 Doctor's primary qualifications are held in the public domain and appear on the GMC's website. Please refer to www.gmc-uk.org then click on "check a doctor's registration" and complete the appropriate fields.

You asked for a copy of the information as required in the Contract Schedule 4. 1 Part 2 5. 1 in respect of the above people. I can confirm that Atos Healthcare hold this information rather than DWP.

You concluded your letter asking for escalation to the Independent Tier, I trust this is being taken forward for you by the Convenor:

Gemma Bowes, Convenor to the Independent Tier, Medical Services, Block 1, Wing G, Government Buildings, Lawnswood, Leeds LS16 5PU

If you have any queries about this letter please contact me quoting the reference number above.

Yours sincerely

Michelle Munro, Freedom of Information Officer, Department for Work and Pensions, Medical Services Contract, Management Team, Room 306, North Fylde Central 0ffice, Norcross Blackpool FY5 3TA

Tel: 01253 611552 Email: Michelle.Munro@DWP.gsi.gov.uk

Dear Mr B...,

I am writing to confirm your complaint has been investigated under the Atos Healthcare complaint process agreed by the Department for Work and Pensions (DWP).

The complaint procedure is explained in the Atos Healthcare booklet "Comments, Complaints and Suggestions". This booklet is issued when a complaint is made and is available from Atos Healthcare Helpdesks and Medical Examination Centres.

The final stage of our complaint procedure is a referral to the Independent Tier.

The Atos Healthcare Independent Tier comprises two elements. A private company, commissioned by, although independent of, Atos Healthcare will assess whether Atos Healthcare has adhered to the agreed complaint process. This independent assessment will consider whether all issues of complaint have been identified, investigated appropriately and whether you have received a response that adequately addresses your complaint.

Also, a medical expert in disability analysis, not connected with the DWP work, will also assess whether the medical advice provided Examining Medical Practitioner was appropriate.

The Independent Tier is approved by the DWP. Atos Healthcare is keen to ensure that the Independent Tier provides a fair and balanced assessment of how we handle complaints. We are committed to learn at all times from customer feedback about our complaint process and the conclusions of the Independent Tier. To ensure it fulfils its role appropriately, the Independent Tier may be observed by representatives of recognised welfare groups and also by representatives of the DWP.

I am the Convenor to the Independent Tier. Now that your referral has been made, I will be your point of contact with Atos Healthcare and the Independent Tier

My role is to forward all documentation relating to your complaint to the Independent Tier and then to advise you of the conclusions of the Independent Tier's assessment of the handling of your complaint, together with any changes to our process that may be necessay as a resuIt of their conclusions.

Sometimes the Independent Tier may wish to clarify aspects of your complaint with you. If this is the case I will discuss with you how to best to provide the information to the Independent Tier.

We usually expect to receive the completed reviews within 28 days of referral and I will relay these findings to you upon my receipt. However, Should you have any queries in the meantime, please do not hesitate to contact me.

Yours sincerely,

Geoff Hampshire, Convenor to the Independent Tier

http://www.publications.parliament.uk/pa/cm200304/cmselect/cmpubadm/41/3112705.htm

... I suppose if you look at this from the point of view of our evidence, what that evidence says is that the independent tier has been very much a curate's egg and there have been some very good examples of the independent tier working well and there have been some horrendous examples of extremely poor independent tiers and panels....

WITHOUT PREJUDICE

Thank you for your letter dated 18 January 2010 in which you confirmed that you have referred my case to The Independent Tier.

Ms Michelle Munro, Freedom of Information Officer, DWP Medical Services Contract, in a letter dated 11 January 2010 informed me that Ms Gemma Bowes is the Convenor to the Independent Tier. It appears that the DWP, as of a few days ago, does not appear to be aware that you are the Convenor to the Independent Tier. Can you ask Ms Michelle Munro to write to me to confirm that you are the Convenor to the Independent Tier?

In a letter dated 28 November 2009, sent to Ms Michelle Munro, Freedom of Information Officer, DWP Medical Services Contract, I requested information concerning The Independent Tier as follows:

• Under the Freedom of Information Act, I would like information on the Independent Tier who are defined in the Contract between the DWP and Atos Healthcare. For the Independent Tier I would like, the terms of reference for this body, the names and qualifications of the members of this body and information on how and where the adjudications of this body are published. I would like summary information comprising the number of cases that have been referred to this body and of these cases how many rulings were made in favour of Atos Healthcare. The figures for the most recent year available is sufficient. I presume this body takes the form of a judicial tribunal, in which case I would just need to be given the web site address for where the activities of this body are published.

So far, she has declined to provide me with this information. I would be obliged if you could provide me with this information or explain on what legal grounds the DWP and or Atos Healthcare are keeping this information secret.

Due to my ill health I am unable to observe the proceedings in person. Notwithstanding I am making enquiries regarding a representation to attend on my behalf. Regardless of whether I am represented or not, I would like to receive the minutes of the proceedings in full.

All information regarding this matter is published on the web page http:/www.whywaitforever.com/dwpatos.html and the web pages that are linked to this page. For example all correspondence, in date order, is published on http://www.whywaitforever.com/dwpatosletters.html. I have desensitised the names of some of the individuals on these pages. Atos Healthcare should be able to provide The Independent Tier of those involved. If they refuse to provide this information, I can provide the names. I trust, providing this information electronically, which is in line with my understanding of Government objectives is in a format acceptable to The Independent Tier.

I look forward to hearing from you.

Thank you for your letter dated 11 January 2010 which replied to my letter dated 28 November 2009 which followed your letter dated 25 November 2009 which in turn replied to my letter dated 18 November sent to Ms C.... You have provided part of the information. I would still like to receive the information in full.

My understanding from your letter is that you have been told by Atos Healthcare the following facts. Mrs Tanya Catherine Andrewsis a Nurse and or Midwife. She is not qualified in Neuro-science, Neuro-surgery or Neurology. She is not qualified in the pathology or treatment of a primary brain tumour. She alone assessed the information provided by the DWP and decided that a face to face meeting was necessary. She alone received my letter of the 28 June 2009 and in spite of the medical evidence provided in that letter still insisted that a face to face meeting was necessary. She requested the Cardiff office to arrange the assessment which occurred at the Highgate Office. She alone decided that the contractual requirement of "travel time under 90 minutes" should not be complied with. Her work was not reviewed or checked by her manager or others responsible for quality, audit and compliance. These are the facts that Atos Healthcare currently believes are true despite the discrepancies and contradictions with written information Atos Healthcare has previously stated as being true. Please let me know if this differs from your understanding of the position.

I refer you to the letter from Ms C... dated 7 January 2010 in which she states the opinion of the Medical Manager Dr Bruecker. Please can you provide me with the General Medical Council number for this individual.

Despite the actions of Mrs Tanya Catherine Andrewsand despite a full medical assessment by Dr Ludmila Semetillo, I can quote from the 7 January 2010 letter; "Dr Bruecker has advised that the pathology of your condition is not clear from the available evidence". This is confirmation by Atos Healthcare that Atos Healthcare has not carried out a valid medical assessment and as such has not complied with the legislation and is in breach of the Contract between the DWP and Atos Healthcare. Please can you confirm that Atos Healthcare has refunded to the DWP all charges related to my case. Further can you inform me of what action the DWP will take over this matter.

The Contract Schedule 4.1 Part 2 5.1 information was originally requested from Atos Healthcare. They forwarded the request to you. The DWP is contractually obliged to ensure that Atos Healthcare staff are trained. The Contract states the DWP holds this information provided by Atos Healthcare. I want to be sure that Mrs Tanya Catherine Andrewsand Dr Ludmila Semetillo have attended and passed the training courses. It is clear from my medical assessment and the poor quality of the medical report that she produced that Dr Ludmila Semetillo has difficulties in spoken and written English. If the training courses have been passed then they are not fit for purpose. Can you clarify on what legal grounds you are withholding this information?

I note that you believe that Gemma Bowes is the Convenor of The Independent Tier. It appears that Atos Healthcare does not agree with you. A Mr Geoff Hampshire has written to me claiming to be the Convenor of The Independent Tier. I find this situation confusing. Perhaps you can clarify matters.

I note from the letter from Mr Geoff Hampshire that representatives of the DWP may attend the hearing by The Independent Tier. Please can you confirm that the DWP will attend, will protect my interests as a patient and will be able to provide me with full minutes.

I note that you have refused to provide me the information I requested regarding the Independent Tier. I have requested this information from Mr Geoff Hampshire. Can you clarify on what legal grounds you are withholding this information?

I note you still refuse to explain why the Contract between the DWP and Atos Healthcare has not been made available online. Are you still refusing to provide an explanation?

I note your change of address from Preston to Blackpool.

For your information, I have published all correspondence on http://www.whywaitforever.com/dwpatos.html. Please let me know if you find errors and corrections.

I appreciate your efforts. I imagine it is not easy dealing with such a company as Atos Healthcare. I look forward to hearing from you. Thank you.

Atos Healthcare - Wing G - Block 1 - Govermnent Buildings

Otley Road - Lawnswood - Leeds - LS15 5PU

Tel: O113 230 9730 - Fax: O113 267 1832

Date: 22/01/2010

Dear Mr B...

Thank you for your letter dated 20 January addressed to Mr Hampshire.

I am National Customer Relations Manager for Atos Healthcare and can confirm Mr Hampshire is the convenor to the Independent Tier and I will inform the DWP contract management team. I can also assure you that your case is currently under consideration by the Independent Tier.

The Freedom of Information officer within the medical services contract team in DWP is responsible, as the public body under current legislation, to deal with FOI requests. As a contractor we will provide information to them and they decide whether this should be released.

Under the terms of our contract we do not divulge the identity of the Independent Tier to maintain impartiality, as they do not accept direct evidence from parties to the complaint. However, they do communicate when necessary through the convenor and you will be provided with 2 comprehensive assessment reports following the conclusion of their review. One will assess the handling of your complaint by Atos Healthcare and one will assess the medical quality of the medical advice provided by Atos Healthcare in respect of your claim to benefit.

Yours sincerely

Brian Pepper, National Customer Relations Manager, Atos Healthcare,

Government Buildings, Lawnswood, Leeds LS165PU

tel O1132 309156 fax 01132 671832

email brian.pepper@atoshealthcare.com

4.1.7 The CONTRACTOR shall ensure that its complaints procedure includes reference to and details of, a process that will give the Claimant or their representative the right to seek an independent review, by an independent tier, of their complaint should normal procedures not result in a satisfactory resolution.

Department for Work and Pensions: Handling Customer Complaints

http://www.nao.org.uk/publications/0708/handling_customer_complaints.aspx

Since we last reported, the Department has made significant improvements to its complaints handling. It has extended the remit of the Independent Case Examiner as an additional, independent tier through which customers can seek redress for complaints. In parallel it has clarified its three-tiered complaints resolution process and has made efforts to direct customers more clearly through this process. The Department is also taking steps to embed the Parliamentary and Health Service Ombudsman good practice principles across all the Agencies.

Publication date: 23 July 2008

24 January 2010

Dear Mr Pepper,

WITHOUT PREJUDICE

Thank you for your letter dated 22 January 2010, your reference ... regarding the Independent Tier.

The Contract between the DWP and Atos Healthcare, Schedule 4 Section 4.1 PART 1 Final Version dated 15 March 2005 page 6 of 15 contains the following:

4.1.7 The CONTRACTOR shall ensure that its complaints procedure includes reference to and details of, a process that will give the Claimant or their representative the right to seek an independent review, by an independent tier, of their complaint should normal procedures not result in a satisfactory resolution.

So far I have not found any further reference which provides more details in respect of a "Claimant".

I would like to draw your attention to a document published 23 July 2008 by the NAO for the use of the DWP (which covers the activities of Atos Healthcare) with a web site address as follows. http://www.nao.org.uk/publications/0708/handling_customer_complaints.aspx

I believe this defines the procedure that ought to be used if you are unable to provide me with a more recent procedure agreed by the NAO.

My understanding is that under Constitutional and Administrative Law it may be a further abuse of process if you fail to comply with the NAO. Even though it is time consuming to go through the Contract line by line to identify breaches of the Contract, I have sufficient examples to be happy to put my evidence before the Independent Tier within the time period as set out in the Contract. I still await information requested through FOI.

Finally can you clarify that even though your title contains the term "customer", in a strict legal sense, as set out in the Contract, this is a misrepresentation of the relationship between myself as "CLAIMANT" and Atos Healthcare as "CONTRACTOR" and the DWP as the "AUTHORITY". Is there a Claimant Relations Manager?

I look forward to hearing from you.

Yours sincerely

This is an automatically generated Delivery Status Notification.

Delivery to the following recipients failed.

brain.pepper@mail2.uk.atosorigin.com

Dear Mr B...

Thank you for your email. I understand the term customer is used by the Department for Work and Pensions in their dealings with the general public who interact with their services and Atos Origin also uses that terminology. Claimant is an alternative and used within the medical services contract.

Our aim is always to adhere to the complaint process agreed with the DWP. As stated in my letter we are awaiting the outcome of the referral to the Independent Tier.

Regards

Brian Pepper

             MEDICAL SERVICES

Provided on behalf of the Department for Work and Pensions

  0ffice address: NOTTINGHAM
                  Atos Healtheare
                  Summit House,
                  Nottingham Business Park
                  Orchard Place
                  Nottingham
                  NG8 6PX

       Reference: ...
    
            Date: 28th January 2010

WE NEED SOME INFORMATION

Dear Mr B...

We have sent you form ESA50 ESA QUESTIONNAIRE with this letter. This is to help us provide medical information that will assist the Department for Work and Pensions (the DWP) when looking at your entitlement to benefit.

Please fill in this form so that we can see how your illness or disability affects your ability to work. Read the questions carefully. It will help us if you answer the questions as fully as possible.

This form also gives you the chance to tell us about your other health problems, including any mental health problems. We may also have to ask you to attend a medical assessment with an Approved Healthcare Professional at a later date.

Please only return the enclosed form ESA50 ESA QUESTIONNAIRE to the address at the top of this letter as soon as you can, but no later than 16 March 2010. Use the envelope we have sent you. It does not need a stamp. Please allow a few days for the form to reach us.

Medical certificates or any other documents must be sent directly to the office that deals with your claim. Do not enclose them with form ESA50.

If you want help filling in this form

You can ask someone to write down your answers for you. Ask a friend or relative to help you. Or get in touch with the office that deals with your claim. They will have a copy of the form and can go through the questions you are having trouble with over the phone. Sometimes they may be able to fill in a form for you. If they do this, they will send the form to you. You can the check, sign and send it back. They can send you a completed claim form in Braille or large print.

More information

If you want to know more about why we have sent you this form, or if you will be unable to complete the form by the required date, please contact the Jobcentre Plus office that deals with your claim. You can get the phone number by ringing 0800 0556688 and following the instructions.

Yours sincerely,

Atos 0rigin

Provided by Atos Origin on behalf of the Department for Work and Pensions

Registered Number: 1245534

Registered Address: Atos Origin IT Service UK Limited, 4 Triton Square, Regent's Place, London NW1 3HG

Please can you provide me a copy in a printed format such as could be presented in the High Court of the original ESA50 form that I completed and supplied to the DWP in Summer 2009. The DWP passed this form to Atos Healthcare. As this matter is being referred to the Independent Tier you must have a copy to hand otherwise the Independent Tier would not be able to do the work that they are required to do under the Contract between the DWP and Atos Healthcare. As the Minister is taking a personal interest in my case I am showing due diligence in that I hope to assure the Minister that the Independent Tier is reviewing the correct document.

For information I am pleased to say I have published more extracts of the actual contract on my website: http://www.whywaitforever.com/dwpatos.html. You should be familiar with the targets for the provision of information etc as set out in the Contract. I am sure you do not want to run the risk of a breach of Contract in this matter or for the Minister to intervene.

Please can you forward for action a copy of this email to Mr Brian Pepper, National Customer Relations Manager (who is reponsible for Claimants such as myself) and a copy of this email for information to Mr Geoff Hampshire, Convenor to the Independent Tier.

Thank you for your assistance. I expect acknowledgement within the specified time and the information shortly thereafter certainly before the Independent Tier is convened.

Please can you forward for action a copy of this email to Mr Brian Pepper, National Customer Relations Manager (who is reponsible for Claimants such as myself) and a copy of this email for information to Mr Geoff Hampshire, Convenor to the Independent Tier.

Thank you.

Dear Mr Brian Pepper

Under Schedule 4 Section 4.1 Part 1 - Common Business Requirements 4.3 Serious Complaints there is a clause 4.3.3 "The CONTRACTOR shall inform the AUTHORITY upon receipt of all complaints which fall into this category". I have suffered "assault as a consequence of examination". I have suffered actual "injury as a consequence of the examination". Dr Bruecker from Atos has agreed that a valid assessment was not carried out.

1. Please can you confirm that in compliance with the Contract between the DWP and Atos Origin you have informed the DWP of this serious complaint.

2. Please can you provide me with the contact details of the individual within the DWP dealing with this serious complaint.

3. Please can you confirm that you have requested the DWP to immediately remove Approval from Mrs Tanya Catherine Andrewsand Dr Ludmila Semetillo, both on the grounds of assault and in addition in the case of Mrs Tanya Catherine Andrews on the ground of injury. There is also the matter of libel. Further delays may put other patients at risk. I should not need to stress the dangers associated with unqualified individuals making decisions that in legal terms can be considered as assault and have resulted in actual injury. I have suffered assault, injury and libel. It is in your power to prevent more hurt.

4. I note that you have not as yet confirmed that in respect of the Independent Tier that you will apply the NAO legal procedure that the DWP has agreed that the DWP and companies such as yourself must comply with. I would like to point out clause 4.6.1 "The CONTRACTOR shall implement a revised independent tier for complaints as agreed with the AUTHORITY.". Can you explain on what legal grounds you are so far refusing to comply with this clause? You emailed me on 25 January 2010 but did not confirm your compliance with this clause in the Contract. Can you perhaps give me an idea when you will be in a position to write to me with an answer?

I know the Minister is taking a personal interest in this case. Please can you provide this information in writing.

Thank you

I just telephoned the DWP Luton BDC. They were not been made aware by Atos Healthcare that my medical assessment was invalid and that I had made a serious complaint regarding assault and injury.

They were not aware if the DWP had removed "Approval" from the two healthcare professionals involved.

They were not aware who manages the Contract on behalf of the DWP and who in the DWP protects the interests of patients such as myself. They suggested I contact the DWP Headoffice in London. The Minister has written to me on two occasions informing me he is investigating this matter. I am sure he will take a dim view of your tardiness which places patients at risk of assault and injury.

I look forward to receiving an email by return that you have taken action on this matter and thereafter without further undue delay confirmation in writing of the actions you have taken.

Thank you

...

Copied the Email sent on 1 February 2010 as above.

Your reference is ...
Please tell us this number
if you get in touch with us

Luton BDC Jobcentre Plus Ascot Road Watford WD99 1AB

Date   9 February 2010
Phone  0845 6088627
TEXTPHONE for the deaf/hard of
hearing ONLY 0845 6O88619

Dear Mr B...

YOUR CLAIM FOR EMPLOYMENT AND SUPPORT ALLOWANCE

CHANGES IN SOCIAL SECURITY BENEFITS

From 12 April 2010 the rates of Social Security benefits will change.

The attached sheet shows how we worked out your money. If you want more information please get in touch with us. Our phone number and address are at the top of this letter.

We will pay this new amount from your first payday after this date.

OTHER HELP YOU MAY BE ENTITLE TO

You may be entitled to other help. To find out more about this ask us for leaflet INF2 "Other help you may be entitled to"

HOUSING BENEFIT AND COUNCIL TAX BENEFIT

You could get Housing Benefit or Council Tax Benefit. Get in touch with your local council as soon as possible. If you are already getting Housing Benefit or Council Tax Benefit you should show them this letter.

IF YOU WANT TO KNOW MORE ABOUT THIS DECISION OR IF YOU THINK IT IS WRONG

Please contact us and we will give an explanation. Our address and phone number are at the top of this letter. You should contact us within one month of the date of this letter, or we may not be able to consider any dispute.

WHAT HAPPENS AFTER THE DECISION IS LOOKED AT AGAIN

If the decision can be changed we will send you a new decision. If we cannot change the decision we will tell you why. You will still have the right of appeal against the decision.

HOW TO APPEAL

To appeal, fill in the form in leaflet GL24 "If you think our decision is wrong". Please send it to us within one month of the date of this letter. You can get this leaflet from your Jobcentre Plus Office. Your appeal will be heard by an independent appeal tribunal.

If the decision is wrong, the independent appeal tribunal can change it. But the independent appeal tribunal cannot:

• change the law that the decision is based on;
• pay more money than the law allows;
• check or change your contribution record.

If you disagree with our record of your contributions, please tell us at once. We will check your records and tell you the result. If you still disagree you can ask for a formal decision.

Jobcentre Plus staff work to offer a complete service through your Jobcentre. If you have an enquiry about your claim for Employment and Support Allowance you will be referred to the Decision Maker or appeals section.

PLEASE KEEP THIS LETTER FOR YOUR INFORMATION It will help us if you have this letter when you make any enquiries or need an explanation about the decision.

How Employment and Support Allowance has been worked out

The Employment and Support Allowance Award

The payment of Employment and Support Allowance is based on your National Insurance
Contribution records and any additional amount the law says you need to live on. We call this
Contributory based and Income Related Employment and Support Allowance.

Your living expenses                                             £65.45
Limited capability for work addition
Extra Money because you are in                                   £25.95
the Work Related Activity Group
For the first week in December a Christmas Bonus payment of      £0.00 will
be made.
Which gives a total                                              £91.40
Employment and Support Allowance amount

Income and Benefits
No income will be taken off your Employment and Support Allowance

Your Employment and Support Allowance
amount of  £91.40 less total income of £0.00O
So your entitlement is                                           £91.40
The amounts on this page apply from 15 April 2Ol0.

Yours sincerely
Ms RB...

Manager

Your benefit(s) and state Pension changes

From 6 April 2010, the age at which women may receive their State Pension will gradually increase to age 65, bringing it info line with the State Pension age for men. This change will be phased in gradually over ten years, between 2010 and 2020. This means the age at which men and women can apply for Pension Credit is also increasing.

As a result of these changes, the age at which you can continue to receive certain benefits that have previously stopped at age 60 will also increase.

• Income Support - the age up to which this would normally stop will increase in line with the gradual increase in State Pension age for women. This change applies to both men and women.

• The age up to which the benefits below can be paid will also increase in line with the gradual increase in women's State Pension age but the increase only applies to women, as men can already receive these benefits up to the age of 65:

  • Incapacity Benefit;
  • Jobseeker's Allowance;
  • Employment and Support Allowance;
  • Reduced Earnings Allowance; and
  • Bereavement Benefits.

• Severe Disablement Allowance (SDA). Please note that if you receive SDA this may continue in payment beyond State Pension age unless your State Pension is more.

In addition, from 6 April 2010 the minimum age for receiving the Winter fuel Payment will also rise in line with the increase in State Pension age changes.

You will still need to meet the necessary entitlement conditions to receive any of these benefits. These benefits are usually only available in the United Kingdom. If you are going abroad you should check entitlement with Jobcentre Plus by visiting www.jobcentreplus.gov.uk (www.nidirect.gov.uk for Northern Ireland customers) or you can find their address and phone numbers in your local phone book. If you are already living overseas please contact the International Pension Centre by visiting www.direct.gov.uk/statepension.

Jobcentre Plus (Jobs & Benefits Offices/Job Centres for Northern Ireland (NI) customers) will continue to offer a number of different programmes and services to help you in moving closer to and returning to the workplace.

The State Pension age for everyone will further increase from 65 to 68 years between 2024 and 2046. This will affect anyone born on or after 6 April 1959.

For more information about the changes to State Pensions, visit the Directgov website at www.direct.gov.uk/statepension (www.nidirect.gov.uk for NI customers.)

Mr Geoff Hampshire, Convenor to the Independent Tier, Atos Healthcare Wing G - Block 1 - Government Buildings, Otley Road, Lawnswood, Leeds LS16 5PU

22 February 2010

Dear Mr Hampshire

NI Ref: ...

WITHOUT PREJUDICE

I have received your letter and attachments dated 15 February 2010. These are subject to ongoing legal considerations. I would like you to provide me with the legal justification for the process that you have authorised to take place which you claim conforms to that for the convening of an Independent Tier. I believe your legal justification is unsound and breaches the Contract between the DWP and Atos Healthcare.

The Contract between the DWP and Atos Healthcare, Schedule 4 Section 4.1 PART 1 Final Version dated 15 March 2005 page 6 of 15 contains the following:

4.1.7 The CONTRACTOR shall ensure that its complaints procedure includes reference to and details of, a process that will give the Claimant or their representative the right to seek an independent review, by an independent tier, of their complaint should normal procedures not result in a satisfactory resolution.

I refer you to previous correspondence which you appear to have ignored. Again, I would like to draw your attention to a document published 23 July 2008 by the NAO for the use of the DWP (which covers the activities of Atos Healthcare) with a web site address as follows. www.nao.org.uk/publications/0708/handling_customer_complaints.aspx

I believe this defines the procedure that ought to be used. I would be happy to comply with a more recent procedure agreed by the NAO and the DWP. I have found no evidence that the DWP disputes that the DWP should comply with the NAO in this matter.

You should note that you denied me the right of representation and therefore I suggest the process that you have undertaken is legally unsound.

My understanding of Constitutional Law is that you, as an individual, risk being in contempt of Parliament if you do not comply with the NAO procedure. I further understand that you as an individual and as the Convenor to the Independent Tier is independent of the parties involved and as such has a sole duty to obey the Law. It is your duty to inform the appropriate authorities if any party is putting you under pressure to disobey the Law.

I look forward to hearing from you.

Yours sincerely

cc: Jobcentre Plus, Chief Executive

Ms C..., Team Leader, Customer Relations, Atos Healthcare, Wing G - Block 1 - Government Buildings, Otley Road, Lawnswood, Leeds LS16 5PU

22 February 2010

Dear Ms C...

NI Ref: ...

WITHOUT PREJUDICE

Regarding our correspondence.

Please can you confirm that you have written to the DWP Decision Maker that Atos Healthcare has previously provided unsound medical advice and the position is that as outlined in your latest letter to me, a copy of which was sent to me by the Minister.

I would like to formally complain that I have received a letter from Atos Healthcare dated 28 January 2010 requesting me to complete an ESA50 form by 16 March 2010. This is clearly a mistake as Atos Healthcare is still to complete processing on the one from last year. This seems to me further evidence of Atos Healthcare incompetence and a further breach of the Contract between the DWP and Atos Healthcare.

Please can you arrange for the compensation cheque to be sent to me as the first part of the compensation that is due.

Yours sincerely

Ms RB..., Luton BDC, Jobcentre Plus, Ascot Road, Watford WD99 1AB

22 February 2010

Dear Madame

NI Ref: ...

Regarding our previous correspondence.

Please can you confirm, in line with my request made by telephone (...) on 5 February 2010 that the DWP will provide me with a copy of the ESA50 form I completed last year.

Please can you confirm that you have received confirmation from Atos Healthcare that they provided unsound medical advice in respect of the medical information I provided both in written correspondence and the ESA50 form I completed last year. The position is as outlined in the letter from Atos Healthcare that I received directly and as a copy from the Minister.

Please can you confirm that Mr Brian Pepper, National Customer Relations Manager, Atos Healthcare has confirmed to the DWP that I have made a complaint against two (2) Atos Healthcare employees that I have suffered "assault as a consequence of examination" and that I have suffered actual "injury as a consequence of the examination" as he is required to do under Schedule 4 Section 4.1 Part 1 - Common Business Requirements 4.3 Serious Complaints clause 4.3.3 of the Contract between the DWP and Atos Healthcare. Can you further confirm that the DWP has removed "Approval" from Mrs Tanya Catherine Andrews, Nurse or Midwife and Dr Ludmila Semetillo pending a full independent investigation by the DWP and the Police. Can the DWP consider whether Atos Healthcare's actions is an attempt to obstruct justice?

Please can you confirm that the DWP has not been charged by Atos Healthcare for the unsound medical advice they provided.

Finally can you consider what compensation is due to me for the failure by the DWP to enforce the Contract between the DWP and Atos Healthcare and for the failings of Atos Healthcare.

Yours faithfully

MEDICAL SERVICES

Provided on behalf of the Department for Work and Pensions

Office address:  NOTTINGHAM
                 Atos Healthcare
                 Summit House, Nottingham Business
                 Park
                 Orchard Place
                 Nottingham
                 NG8 6PX

Reference: ...
Date: 28th February 2010

We need your reply urgently

Dear Mr B...

On 28th January 2010 we sent you form ESA50 ESA QUESTIONNAIRE. We need you to fill in this form so that we can see how you illness or disability affects your ability to work. We have not yet received your completed form.

What to do now

Please fill in the form and return it to the address at the top of this letter by 16th March 2010. Your benefit may be affected if you do not return the form ESA50 by the date shown without good reason. Please allow a few days for the form to reach us.

Medical certificates of any other documents must be sent directly to the office that deals with your claim. Do not enclose them with form ESA50.

Where to get help or more information

If you want to know more about why we have sent you form ESA50, or about how to complete it, or if you will be unable to complete it by the required date, please contact Jobcentre Plus office that deals with your claim. You can get the phone number by ringing 0800 055 6688 and following the instructions.

Yours sincerely,

Atos Origin

Provided by Atos Origin on behalf of the Department for Work and Pensions

Registered Number 1245534

Registered Address Atos Origin IT Services UK Limited, 4 Triton Square, Regent's Place, London NW1 3HG

MEDICAL SERVICES

Date: 03/03/2010
Tel:  0113 2912602

Dear Mr B...,

Thank you for your letter dated 22 February 2010 regarding the Independent Tier.

I can confirm that the Independent Tier is the final stage of the complaints process agreed with the Department for Work and Pensions (DWP) in respect of the medical services contract.

I note your reference to the NAO report and I do not consider the complaints process to be legally unsound. Atos Healthcare works with the DWP to continually improve our processes in the light of customer and other feedback.

Yours sincerely

Brian Pepper

National Customer Relations Manager

I received a letter from Atos dated 28 February 2010 which followed my letter dated 22 February 2010 (as attached) and which responded to your letter dated 28 January 2010. Both letters from Atos were sent in error. As I have responded to these letters, Atos should agree that I do not need to respond again to further letters sent in error relating to the substance of these letters sent in error. You should note my formal complaint in my letter. I have not yet received a written acknowledgement of my complaint which Atos is contracted to do within two (2) days as specified in the Contract between the DWP and Atos. I have published extracts of this contract on my website http://www.whywaitforever.com/dwpatos.html . Please can you investigate and report this breach of Contract by Atos to the DWP. For information, I attach the most recent letter I wrote to the DWP Decision Maker. I also attach the most recent letter I sent to the GMC. I hope this clarifies matters, please contact me if you need further help from me.

Thank you

Dear Mr B...,

I write in response to your e-mail of 4th March to Atos Healthcare's Customer Relations inbox.

In response to your concerns about having received an Employment and Support Allowance questionnaire (ESA50) recently, I have discussed the matter with JobcentrePlus in Luton who have confirmed that your case has been referred to Atos Healthcare following a 6 month review period, as indicared in the prognosis section of the ESA85 dated 24th July 2009.

Should you have any concerns regarding this, may I suggest you contact Luton Benefit Delivery Centre who will be best placed to help you. They can be contacted on 0845 6088627.

Yours sincerely

Incapacity Benefit - Jobcentre Plus
Luton BDC, Ascot Road, Watford. WD99 lAB
Telephone O845 6O8 8627
Website: www.jobcentreplus.gov.uk

Date: 19/03/10

National Insurance No: ...

Dear Mr B...,

Re: Your recent letter received on 24/02/10

Thank you for your recent letter requesting a copy of form ESA 50 which you signed on 12/06/2009. I have now received your paperwork and enclose a copy as requested.

With regard to your concerns about ATOS Healthcare, I have referred your letter to the Office of Bedfordshire and Hertfordshire District Office, for the attention of the District Manager Ms T... and you will receive a reply in the very near future.

Another ESA 50 questionnaire was sent to you on 28/01/10 for completion and return, if you have not posted the form back yet, could you please now return the form to Jobcentre Plus, Luton BDC, Ascot Road, Watford WD99 1AB,

Yours sincerely,

Mrs G..., ESA WCA Team Leader, Luton BDC

Re: Your letter dated 19 March 2010

I refer you to my letter to Ms Isabel Letwin, Acting Director General, DWP The Legal Group dated 10 March 2010 to which I have not yet received a reply. You will note that the ESA50 questionnaire dated 28 January 2010 should NOT have been sent out by the DWP. Atos provided unsound medical advice to the DWP. Please update your records.

You should note that my medical condition has deteriorated since the ESA50 questionnaire which the DWP received 15 June 2009 and which has still to be processed by Atos Healthcare. My anti-fit medicine dose has been tripled and in the last two days I have had 3 fits, extreme pain and loss of use of right arm and leg for varying periods of time. For most of the day I am bed ridden. There are periods when I can move around unaided and walk a dozen yards without hanging on to things. Climbing stairs and using the toilet alone is problematic.

My consultant is now .... My patient hospital number is .... He has scheduled to see me ... after my next MRI scan, still to be scheduled in .... He has said that I am to expect fits (epilepsy partialis continua) and should take the pain. He has not given me medicine to minimise the pain during a fit.

I have no strength. I can no longer write due to twitches. If the DWP does require me to complete the ESA50 questionnaire again, I would be pleased if the DWP completes it for me, using the information as in the 15 June 2009 version and the above, and sends it to me so that I can check it and sign it.

I hope this addresses matters. I ask you to let my treatment proceed without the DWP hurting me further and if things turn out as I expect to let me die in peace. I cannot believe I paid 30 years tax and NI to receive such treatment from the DWP. For shame.

Yours sincerely

Further to my complaint sent by email on 4 March.

I received a letter dated 11 March 2010 from Ms C..., Team Leader Customer Relations in which she states that she has discussed an ESA85 form dated 24 July 2009 with the DWP. I would like to further complain that as she wrote a letter to the Minister that this particular form provided unsound medical advice, she is now claiming that this unsound document is a valid reason for requesting that a new ESA50 questionnaire needs to be completed. Please can you investigate this matter. A reasonable person might conclude that Ms C... is at best forgetful or at worse dishonest.

My second complaint is that I have still not received the money Atos promised to pay me.

As specified in the Contract between the DWP and Atos Healthcare you should acknowledge my complaint in writing in 2 days and resolve the matter within 20 days. The Contract also states new complaints should not be handled by Atos individuals who have been involved in a previous complaint by a claimant.

I look forward to hearing from you.

Thank you

Mr B...,

We are currently considering the content of your e-mail and hope to be in a position to provide you with a response shortly.

Regards,

Customer Relations

MEDICAL SERVICES

25/03/2010

Tel: 0113 2309285
fax: O113 2671832

Dear Mr B...,

Thank you for your complaint dated 24th March 2010

A referral has been received from the Department for Work and Pensions (DWP) which automatically prompts the issue of a form ESA50. This is the agreed process with the DWP.

If you have concerns about the appropriateness of this referral and ESA50 please contact the office of the DWP dealing with your claim.

As you now indicate that you would like to accept the consolatory payment, I am happy to process this if you complete the attached proforma and return it in the pre-paid envelope provided.

Yours sincerely

Brian Pepper
National Customer Relations Manager
Atos Healthcare

1.  Without Prejudice

Dear Mr B...,

Ref: ...

Atos Healthcare's offer of £100.00 is contained in the letter to which this form
is an attachment, without prejudice to previous or future correspondence from
Atos Healthcare.

Payment will be made by BACS transfer, directly into your bank account. We
will therefore, require the following information from you.

Name of account holder:

Bank account number:

Bank sort code:

If you wish to accept this consolatory payment, please sign below:

I accept the payment of £100.OO

I understand that payment will be made upon receipt of the signed form.

Signed:

Date:
   

Further to my complaint sent by email on 4 March and my reminder sent by email 24 March 2010. I appreciate you acknowledged my 24 March 2010 email on the same day. I hope you are finally tackling some of the incompetence and neglect that blights the reputation of Atos Origin. An automatic email acknowledgement application should not be too difficult for an IT company even with the poor reputation of Atos Origin.

I remind you that the Contract between the DWP and Atos Healthcare explicitly states new complaints should not be handled by Atos individuals who have been involved in a previous complaint by a claimant. As a previous complaint has been handled by Ms C..., Team Leader, Customer Relations and by Mr Brian Pepper, National Customer Relations Manager, these individuals should NOT be involved in this complaint. I have received a letter from Mr Brian Pepper dated 25 March which is a gross breach of the Contract in this respect. I would like to formally complain about this new breach of Contract.

I expect a letter of apology to include confirmation that Atos Healthcare has written to the DWP with the information that they provided the Minister, including the fact that they provided unsound medical advice. I would like confirmation from Atos Healthcare that Dr Bruecker has written to the DWP placing me into the support group as it is over 2 months after the letter dated 7 January which Atos Healthcare sent to the Minister which covered this point. The DWP has not confirmed that they have received this advice. A reasonable person might conclude that Atos is either forgetful, negligent or dishonest in the information that they have provided to the Minister and or to the DWP.

Finally I have still not received the cheque that Atos promised the Minister that they would send to me. Please note Atos previously sent me a cheque for my travelling expenses. I insist Atos send me a cheque or provide me with the legal justification or change in regulation that has been passed since Atos sent me a cheque last year. I have so little confidence in Atos Healthcare that I am reluctant to provide my confidential bank details. I recall the recent loss of confidential information by Atos Origin and other major errors by Atos Origin. Atos can if it wishes send the money to the DWP and they can credit my bank account. I cannot believe that the computer systems of Atos Origin are so inadequate or the Atos Origin financial credit rating is so poor that Atos Origin is unable to write a cheque, even for such a small amount.

As specified in the Contract between the DWP and Atos Healthcare you should acknowledge my additional complaint in writing in 2 days and resolve the matter within 20 days.

I look forward to hearing from you.

Thank you

Department for Work and Pensions
Commercial Directorate

Our address  Medical Services Contract
             Management Team
             North Fylde Central Office
             Norcross
             Block 3 Room 306
             Blackpool
             FY5 3TA

Our phone number 01253 611552
Email:
DWP.MEDICALSERVICESCORRESPONDENCE@DWP.GSI.GOV.UK

Date: 7x April 2010
Our Ref: FOI 1229-0260

Dear Mr B...

Thank you for your email received 22/01/10 in which you ask for further information in connection with Atos Healthcare under the Freedom of Information Act.

You asked if I "have been told by Atos Healthcare the following facts":-

"That Mrs Tanya Catherine Andrews is a nurse?", and that she is not qualified in neuroscience, neurosurgery or neurology, pathology or the treatment or primary brain tumour. The information previously supplied to you regarding Mrs Tanya Catherine Andrews' primary and/or specialist qualifications confirms that she is registered with the Nursing and Midwifey Council (NMC). This registration occurred prior to her employment by Atos Healthcare and her subsequent approval by the Department for Work and Pensions (DWP) Chief Medical Adviser (CMA) to conduct assessments on behalf of DWP. This information was obtained From the NMC's website www.nmc-uk.oro using her reference number .... In addition, all healthcare professional's (HCP) are required to engage in a programme of continuing medical education which includes modules on mental health issues. They are monitored to ensure that their work meets the required quality standards. If a problem is identified, the HCP may be required to undertake tailored training, which may involve training in mental health issues if required.

"That she (Nurse Mrs Tanya Catherine Andrews) decided that a medical assessment was required in your case." This is incorrect as your assessment was undertaken at the request of Jobcentreplus. Referrals to Atos Healthcare for assessments in relation to the processing of a benefit claim are requested by the DWP's Decision Maker dealing with the individuals claim for benefit.

That she requested the Cardiff office to arrange the assessment. You asked if her work was not reviewed or checked by her manager or others responsible for quality, audit and compliance. Atos have confirmed that Nurse Mrs Tanya Catherine Andrews' work on this particular case was not reviewed or checked by her manager or others responsible for quality, audit and compliance. All HCPs are monitored to ensure that their work meets the required quality standards. If a problem is identified, the healthcare professional may be required to undertake tailored training, which may involve training in mental health issues if required.

Our records show that your assessment was arranged to take place at Highgate Medical Examination Centre (MEC), 1 Elthorne Rd, London. All requests for referrals are made by the DWP Benefit Delivey Centre, which registers referrals on a computer system. At this stage a MEC is automatically allocated by the referral system, which is based on the customer's postcode. In your case because your postcode is ... the referral system allocated you to Highgate MEC. There were 2 other MECs - Luton and Romford which, in hindsight, could possibly have been used, however, in both cases "Transport Direct" (a government web site intended to help people using public transport to plan their journeys) states that the journey times using public transport to both were equal or longer than the journey time to Highgate. Atos provides information from this website to customers; this is in addition to their own location map of the Medical Examination Centre. The provision of transport details is over and above Atos' contractual obligations but is an example of the continuing improvements to the service they provide for their customers. The Cardiff office was involved in your referral because it is responsible for booking appointments for a proportion of the assessment centres within the UK, the appointment letters which are then generated are issued through a centralised printing system.

Whilst Atos continuously review the information they provide to customers, "Transport Direct" is not a source of information that is within their sphere of responsibility and, as such, they are unable to amend or change the information in any way. Therefore, an agreed disclaimer has been added to the journey planner as neither the DWP nor Atos can be held responsible for any erroneous details the website pages may contain.

You asked for the General Medical Council Number of Dr Bruecker? Dr Bruecker's GMC reference number is 4052733 and his primary qualifications are held in the public domain and appear on the GMC's website www.gmc-uk.org then click on "check a doctor's registration" and completion of the appropriate fields. I can advise you that in order to provide independent, accurate and authoritative advice and reports it is not necessary for HCPs to hold specialist registration with the General Medical Council

You asked if Nurse Mrs Tanya Catherine Andrews and Dr Ludmila Semetillo have attended and passed the training courses. The DWP CMA approves HCPs to carry out assessments. Approval is dependent on strict recruitment criteria and completion of a course of training in disability assessment medicine approved by the CMA and evidence of satisfactory performance.

You requested the contract schedule 4.1 Part 2 5.1, and commented upon the standard of written and verbal English used by Dr Ludmila Semetillo. I can confirm Atos did forward your request to this Office for a copy of the contract schedule 4.1 Part 2 5. 1 , a further copy of which is attached for your information. I can advise that there are no circumstances in which a doctor would be appointed by Atos Healthcare who wasn't able to communicate in good English. The Atos Healthcare contract of employment is very specific in that HCPs who apply to work for Atos Healthcare must be able to demonstrate a good command of the English Language on a day to day basis.

You asked for clarification over who is the Convenor of The Independent Tier (IT)? I can confirm that Gemma Bowes, Geoff Hampshire and other members of Atos Healthcare's National Customer Relations Team (NCRT) may all act as Convenor's to the IT.

You asked for confirmation that DWP will attend the hearing of the Independent Tier I would advise you that it is not the role of the IT to hear new evidence, neither do they hold a hearing to discuss the complaints. When a customer requests a referral to the IT, Atos forward all documents held, to the IT, who then conduct a review. The IT is there to allow customers an opportunity to have an independent review of the way Atos Healthcare has handled their complaint. The customer can ask for their complaint to be referred to the Independent Tier which is a private, reputable firm, with no connection to Atos Healthcare or any other interested parties. Their role is to review how Atos Healthcare have handled the complaint, examine how they conducted the investigation into the complaint and ensure that all the issues raised have been responded to.

The Independent Tier is not able to express a different medical opinion or comment on the outcome of a claim to benefit.

You said you noted that there had been a refusal for the Medical Services Contract Management Team to provide the information you requested regarding the IT and that you have requested this from Mr Hampshire. I note that the IT wrote to you on 15 February could you please clarify what further information you require regarding the IT.

You asked why the contract between DWP and Atos Healthcare is not available online. The Medical Services Contract Agreement is only available in hard copy format to protect the public interest by ensuring that the commercially sensitive information which has been necessarily withheld under Section 43 of the Freedom of Information Act cannot be retrieved in anyway through electronic means.

You asked me to let you hnow if there are any errors or corrections to the correspondence you have published on www.whywaitforever.com. Please note that neither DWP nor those contracted to provide services to the Department are responsible for content or maintenance of information published on sources external to DWP.

If you have any queries about this letter please contact me quoting the reference number above.

Yours sincerely

Michelle Munro

Freedom of Information Officer

Your right to complain under the Freedom of Information Act

If you are not happy with this response you may request an internal review by e-mailing freedom-of-information-request@dwp.gsi.gov.uk. or by writing to DWP, Central Fol Team, 2nd Floor The Adelphi, 1-11 John Adam Street, London WC2N 6HT. Any review request should be submitted within two months of the date of this letter.

If you are not content with the outcome of the internal review you may apply directly to the Information Commissioner's Office for a decision. Generally the Commissioner cannot make a decision unless you have exhausted our own complaints procedure. The Information Commissioner can be contacted at: The Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow Cheshire SK9 5AF www.ico.gov.uk

Jobcentre Plus
Office of the District Manager
Bedfordshire and Hertfordshire District
Beauver House 6 Bricket Road St Albans AL1 3JU
Telephone 01727 773312
www.jobcentreplus.gov.uk
12 April 2010

Dear Mr B...

Thank you for your letters of 22 February and 22 March. They have been passed to me to reply as District Manager of Jobcentre Plus for Bedfordshire and Hertfordshire.

I can confirm that we have sent you a copy of the ESA50 you requested. I can also confirm that we are aware that you have made a complaint against Atos Healthcare. We do not however, have any jurisdiction over Atos Healthcare, their personnel or their actions. You will also appreciate that I cannot discuss with you the department's contract with Atos Healthcare

We and Atos Healthcare do take all complaints about the level of service provided very seriously and your complaint will be fully investigated. However, we are continuing to use Atos Healthcare as our medical advisers at present and as such have forwarded them a copy of your letter of 22 March to consider in place of a further ESA50. I am sorry to read of your deteriorating health, we have no intention to cause you more stress at this time but we do need professional medical advice concerning all customers in receipt of Employment and Support Allowance. This helps us to ensure that you are given the correct amount of benefit you are entitled to at the correct time

If you require any further information please contact Bonita Murphy, Employment and Support Allowance Manager at Luton Benefit Delivery Centre (BDC). Bonita can be contacted by post at Jobcentre Plus, Luton BDC, Ascot Road, Watford, WD99 1AB or by telephone on 01582

Yours sincerely

Carolyn Taylor, District Manager Jobcentre Plus, Bedfordshire and Hertfordshire

Part of the Department for Work and Pensions

Department for Work and Pensions
Commercial Directorate

Our address   Medical Services Contract
              Management Team
              North Fylde Central Office
              Norcross
              Block 3 Room 306
              Blackpool
              FY5 3TA

Our phone number  01253 611552
Email: DWP.MEDICAL.SERVICESCORRESPONDENCE@DWP.GSI.GOV.UK

Date 13 April 2010

Our Ref FOI: 1310-713

Dear Mr B...

Thank you for your Freedom of Information request received on 12 March 2010 which I am responding to in my role as Department for Work and Pensions (DWP)'s Medical Services Freedom of Information Officer.

You asked for:- Extracts of the Contract between DWP & ATOS Healthcare which had previously been supplied.

In accordance with Section 14(2) of the Freedom of Information Act, the Deparment is not obliged to comply with a subsequent identical or substantially similar request it has previously responded to. The letter of the Freedom of Information Officer Ms M Munro dated 7 April (FOI 1229-260) which I have attached for information refers.

Your request for information under the Data Protection Act is being considered by the Medical Services Contract Management Team Data Protection Officer and you will receive a response in due course.

If you have any queries about this letter please contact me quoting the reference numoer above.

Yours sincerely

Michelle Munro

Freedom of Information Officer

Your right to complain under the Freedom of Information Act

If you are not happy with this response you may request an internal review by e-mailing freedom-of-information-request@dwp.gsi.gov.uk. or by writing to DWP, Central Fol Team, 2nd Floor The Adelphi, 1-11 John Adam Street, London WC2N 6HT. Any review request should be submitted within two months of the date of this letter.

If you are not content with the outcome of the internal review you may apply directly to the Information Commissioner's Office for a decision. Generally the Commissioner cannot make a decision unless you have exhausted our own complaints procedure. The Information Commissioner can be contacted at: The Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow Cheshire SK9 5AF www.ico.gov.uk

Our address       DWP
                  Government Buildings
                  Norcross
                  Norcross Lane
                  Thornton
                  FY5 3TA
Our phone number  01253 611537

Email: DWP DWP Medical Services Correspondence

Date: 26/04/2010
Ref: 2344

Dear Mr B...

About your request for information under the Data Protection Act 1998

You contacted us asking for a copy of the personal information we hold about
you.
A letter dated 7th January 2010 from Ms C...
  (Team Leader Customer Relations)
A letter dated 15th February 2010 from Mr Geoff Hampshire
  (Convenor to the Independent Tier)

I am enclosing the information held by Atos Healthcare (the DWP's Medical Services Contractor).

You might receive further information from other parts of the Department if your request covers records held at more than one location.

The DWP office dealing with the benefit holds copies of any medical reports required.

The Data Protection Act 1998 states that in some circumstances your right to see certain information is limited. This includes information relating to health; the way crime is detected and prevented and; the assessing or collecting of taxes or duty and third party information. If an exemption applies this information will be blocked on the enclosed papers.

Please note that because of our policy not to keep personal information when we no longer have a business need for it, we may no longer hold some information.

If you would like any further information please do not hesitate to contact me.

Yours sincerely

PP Doreen Hopwood, Jim Fay, Data Protection Officer

Re: Progress on Complaint made 4 March 2010

I have still neither had a written acknowledgement of the email of the 4 March nor have I have received the cheque that Atos Origin promised the Minister that they would send me as Atos Origin agreed in a copy of letter they sent to the Minister which was dated 7 January 2010.

Please can you update me with progress.

Thank you.

Re: Progress on Complaint made 4 March 2010

Mr B...,

I write in response to your e-mail below. Please accept my apologies for the delay in doing so.

I can confirm that we will make arrangements for the consolatory payment of £100 to be sent to you. This was offered in our letter dated 7th January 2010, although you did not indicate acceptance at that time.

Your complaint has been dealt with in accordance with our complaints process, including the Independent Tier. Atos Healthcare will not will not be replying to issues of dissatisfaction or queries in connection with your complaint as any further communication should be with Jobcentre Plus as explained in our letter dated 15th February 2010.

Regards,

Ms C..., Customer Relations Team, Atos Healthcare

Luton BDC
Jobcentre Plus
Ascot Road
Watford
WD99 1AB

Phone  0845 6088627
TEXTPHONE for the deaf/hard of
hearing ONLY 0845 6O88619

Date 5 May 2010

Dear Mr B...

YOUR CLAIM FOR EMPLOYMENT AND SUPPORT ALLOWANCE

A CHANGE IN THE EMPLOYMENT AND SUPPORT ALLOWANCE RATE PAYABLE

We have looked at your claim again following a recent change.

From 29 April 2010 your Employment and Support Allowance will be £96.85 a week.

This is because of:

a decision on your capability for work. You have moved from the Work Related Activity Group
to the Support Group

Your circumstances mean you will qualify for a Christmas Bonus Payment. This will be paid
the first week in December. The amount payable is £10.OO

We will credit you with National Insurance contributions while claiming Employment and
Support Allowance.

You are required to immediately report any change in your circumstances to us, or the
circumstances of your partner if you have one.

The attached sheet shows how we worked out your money. If you want more information
please get in touch with us. Our phone number and address are at the top of this letter.

This assessment is based on your National Insurance Contribution Record.

HOW THE MONEY WILL BE PAID

The money will be paid every two weeks for as long as you are still entitled to Employment
and Support Allowance.

Bank/Building society:  ...

We also hold an account number/sort code but for security reasons they have not been
included in this letter.

We will pay your Employment and Support Allowance into your account. (Your account details
are known to us but have not been stated in this letter for security reasons. Any payments
made to you will be paid into this account. Tell us straight away if your account details
change.)

PAYMENT TO YOUR BANK/BUILDING SOCIETY

These notes are about allowance payments into a bank or building society account. Please
make sure you read them.

You must tell us straight away if any details about the account change. Otherwise You may
not be able to get your money.

You should check the account to see how much is paid in. We will tell you if your
Employment and Support Allowance is going to change.

If you think the payment is wrong, you should get in touch with us straight away. We will
check your payment and tell you what will happen.

If your money is due on a Bank Holiday we will pay it into the account on the last weekday
before the Bank Holiday.

If the account goes overdrawn, the bank or building society may not let you take any money
out of the account. Talk to the bank or building society if this happens. You should also tell
us as we can change how we pay you.

If you want a full explanation of why your Emptoyment and Support Allowance has changed,
please get in touch with us. Our phone number and address are at the top of this letter.

OTHER HELP YOU MAY BE ENTITLED TO

You may be entitled to other help. To find out more about this ask us for leaflet INF2 "Other
help you may be entitled to"

HOUSING BENEFIT AND COUNCIL TAX BENEFIT

You could get Housing Benefit or Council Tax Benefit. Get in touch with your local council
as soon as possible. If you are already getting Housing Benefit or Council Tax Benefit you
should show them this letter.

IF YOU WANT TO KNOW MORE ABOUT THIS DECISION OR IF YOU THINK IT IS WRONG

Please contact us and we will give an explanation. Our address and phone number are at the
top of this letter. You should contact us within one month of the date of this letter, or we
may not be able to consider any dispute.


WHAT HAPPENS AFTER THE DECISION IS LOOKED AT AGAIN

If the decision can be changed we will send you a new decision. If we cannot change the
decision we will tell you why. You will still have the right of appeal against the decision.


HOW TO APPEAL

To appeal, fill in the form in leaflet GL24 "If you think our decision is wrong". Please send it
to us within one month of the date of this letter.
You can get this leaflet from your Jobcentre Plus Office. Your appeal will be heard by an
independent appeal tribunal.

If the decision is wrong, the independent appeal tribunal can change it. But the independent
appeal tribunal cannot:

- change the law that the decision is based on;
- pay more money than the law allows;
- check or change your contribution record.

If you disagree with our record of your contributions, please tell us at once. We will check
your records and tell you the result. If you still disagree you can ask for a formal decision.

Jobcentre Plus staff work to offer a complete service through your Jobcentre. If you have an
enquiry about your claim for Employment and Support Allowance you will be referred to the
Decision Maker or appeals section.


PLEASE KEEP THIS LETTER FOR YOUR INFORMATION

It will help us if you have this letter when you make any enquiries or need an explanation
about the decision.
How Employment and Support Allowance has been worked out

The Employment and Support Allowance Award

The payment of Employment and Support Allowance is based on your National Insurance
Contribution records and any additional amount the law says you need to live on. We call this
Contributory based and Income Related Employment and Support Allowance.

Your living expenses                                               £65.45

Limited capability for work addition

Extra Money because you are in                                     £31.40
the Support Group

Which gives a total                                                 £96.85
Employment and Support Allowance amount

Income and Benefits

No income will be taken off your Employment and Support Allowance

Your Employment and Support Allowance
amount of £96.85 less total income of £0.00
So your entitlement is                                               £96.85

The amounts on this page apply from 29 April 2010 to 1 December 2010.

Yours sincerely

Ms RB...
Manager
      

Dear Madam

NI Ref: ... WITHOUT PREJUDICE

Regarding your letter dated 5 May 2010.

Please can you send me a copy of the medical advice you received from Atos Healthcare on which you based your decision.

I am not in a position to decide whether an appeal should be made until I have received a copy of the medical advice and have had time to review it. Unfortunately your letter states that an appeal requires the form in leaflet GL24 needs to be completed within one month of 5 May 2010. Please can you supply a copy of the medical advice and then give me one month from that time to decide whether to appeal.

If you recall, I wrote to the Luton BDC on the 15 August 2009 for a copy of leaflet GL24. My letter was ignored. I do not believe at that time the form was available online. I am pleased to note that this 28 page form is now available on line www.direct.gov.uk/appeals.

You are aware that your letter dated 29 July 2009 placing me in a Work Related Activity Group was based on unsound medical advice provided by Atos Healthcare. Atos Healthcare in a letter to the Right Honourable Jonathan Shaw MP, Minister for Disabled People dated 27 January 2010 implicitly agreed that the information that Atos Healthcare provided you was unsound medical advice and as such constituted a libel. The DWP Legal Group is taking action on the breaches of contract by Atos Healthcare and other matters.

Please can you recalculate the amounts I should have received if I had correctly been placed in a Support Group from 16 July 2009. Please can you let me know the additional sums including any Christmas Bonus Payment that I should have been paid and arrange for the additional amount to be paid into my account.

Thank you.

Yours faithfully

Medical Services
PROVIDED BY ATOS ORIGIN IT SERVICES UK ON BEHALF OF THE BENEFITS AGENCY

NI No:    ...
Date:     19/05/2010
Ref. No:  44369

The enclosed cheque is in respect of the expenses claimed folloving
your recent medical examination.

Document Reference  Date        Deductions  Gross Amount

52933    ...        19.05.2010        0.00        100.00

Sum Total                             0.00        100.00

Any queries relating to this payment should be made to the Medical
Service Centre which issued your appointment, quoting your National
Insurance Number.

Birmingham 0114 259 0018   Leeds       0114 259 0018
Bootle     0151 934 6091   Manchester  0161 831 2080
Bristol    0117 971 8317   Newcastle   01264 837 778
Cardiff    029 2058 6726   Nottingham  0115 975 8353
Croydon    020 8633 1352   Wembley     020 8795 8706
Edinburgh  01463 256 500   Glasgow     01463 256 500


ATOS Origin IT Services UK Ltd - Room 200 - Albert Bridge House - Manchester - M60 9DA
Registered Office 4 Triton Square Regents Place London NW1 3HG - Registered Number: 1245534 England
      

Department for Work and Pensions       Commercial Directorate

      Our address   Medical Services Contract
                    Management Team
                    North Fylde Central Office
                    Norcross
                    Block 3 Room 306
                    Blackpool
                    FY5 3TA

      Our phone number  01253 611552
      Email:
      DWP.MEDICALSERVICESCORRESPONDENCE@DWP.GSI.GOV.UK

      Date: 26 May 2010
      Our Ref: FOI 1333-858

Dear Mr B...

Thank you for your letter dated 10 March 2010, which was addressed to Isabel Letwin and
has been forwarded to me to respond to on behalf of the Department. In your letter you
requested the following information:

- Can you provide me the legal justification that supports the refusal of Atos to use the
  services of the Independent Case Examiner as recommended by the National Audit
  Office (NAO)?

- Can you tell me who is responsible for the management of the Contract between
  Department for Work and Pensions (DWP) and Atos?

- Who audits that the Contract is managed?

- Can you explain why no action has been taken over my serious complaint of assault
  and injury by Atos personnel?

- Can you explain why the "Approval" has not yet been removed by the DWP from the
  individuals complained of?

- Can you confirm that Atos has refunded the DWP for the unsound medical advice they
  provided to the DWP?

- Can you tell me when the DWP Decision maker will be able to make a decision based
  on sound medical advice in line with that outlined by Atos doctor Dr Bruecker?

- Can you investigate if Atos, in particular Mr Brian Pepper, has obstructed justice in that
  Atos provided information to the Minister that the ESA information was reviewed by a
  qualified HCP prior to deciding a face to face interview was necessary?

In answer to your questions:

- Atos have not made use of the services of the Independent Case Examiner (ICE) as
  this is an independent organisation, acting as a referee for people who feel that
  Government Agencies or Businesses have not treated them fairly in relation to their
  benefit entitlement.

  Atos Healthcare have advised that you have now completed their own complaints
  process. However, if you are dissatisfied with the outcome of the review into your
  complaint conducted by the Independent Tier (IT), you should contact them via the
  Convenor to the IT. If you are unhappy with the outcome of your benefit decision you
  shoutd contact the DWP Decision Maker.

- Management of the contract Detween DWP and Atos is undertaken by the Commercial
  Directorate via its Medical Services Contract Management Team, who are based in
  Norcross.

- The Medical Services Contract Management Team, on behalf of the DWP, manages
  all aspects of Atos Healthcare's performance and service delivey. The current
  contractual agreement bemeen DWP and Atos Healthcare contains numerous
  performance targets covering a wide range of features including throughput, customer
  service and medical quality. Regular audits are undertaken by the Departmental Audit
  team to ensure that all commercial contracts are being managed effectively.

- Atos have advised that they do not consider that an allegation of assault is valid or can
  be investigated as their HCP conducted the assessment in accordance with
  Professional Standards - which has been confirmed Dy the Independent Tier. (IT); and
  by a statement made in your first letter "I have no complaints about the receptionist or
  the doctor I saw. They worked well under difficult circumstances.

- Atos note that you have complained direct to the GMC and they will take a view on
  whether to investigate any issues that you have raised. DWP would not look to take
  action until after the GMC has determined if there is a case to answer and have fully
  investigated that complaint.

- I can confirm that Atos have not been requested to refund MSCMT for the cost of your
  assessment, as the DWP Decision Maker has not requested another assessment.

- I would advise that you contact the Decision Maker at Luton BDC for your current
  benefit position.

- The complaint you have made against Mr Pepper is Deing considered by the Medical
  Services Contract Management Team.

If you have any queries about this letter please contact me quotingh the reference number
above.

Youn sincerely

James Fay
Freedom of Information Officer

-----------------------------------------------------------
Your right to complain under the Freedom of Information Act

If you are not happy with this response you may request an internal review by e-mailing
freedom-of-information-request@dwp.gsi.gov.uk by writing to DWP , Central FoI Team,
5th Floor The Adelphi, 1-11 John Adam Street, London WC2N 6HT.  Any review request
should be submitted within two months of the date of this letter.

If you are not content with the outcome of the internal review you may apply directly to the
Information Commissioner's Office for a decision. Generally the Commissioner cannot
make a decision unless you have exhausted our own complaints procedure. The
Information Commissioner can be contacted at: The Information Commissioner's Office,
Wycliffe House, Water Lane, Wilmslow Cheshire SK9 5AF www.ico.gov.uk
      

Mr James Fay
Freedom of Information Officer
DWP Medical Services Contract Management Team
North Fylde Central Office
Norcross Block 3 Room 306
Blackpool
FY5 3TA

27 May 2010

Dear Mr Fay

NI Ref: ...

WITHOUT PREJUDICE

Regarding your reference FOI 1333-858 your letter dated 26 May 2010 (www.whywaitforever.com/dwpatosletters.html#DWP20100526F). I feel you have addressed only in part the matters I raised in my letter dated 10 March 2010 (www.whywaitforever.com/dwpatoslettersgov.html#DWP20100310T) addressed to Ms Isabel Letwin. Please note in line with Government policy I have provided documents in electronic form and have supplied you with the web addresses.

1. You have agreed that the DWP and its contractor Atos has ignored the recommendation of the National Audit Office. www.nao.org.uk/publications/0708/handling_customer_complaints.aspx I asked you to provide the legal justification for this illegal action by Atos. My understanding is that you should immediately refer this matter to the Independent Case Examiner. If you fail to do this you are obstructing justice and defying the Law.

2. You have failed to consider the multiple breaches of the Contract between the DWP and Atos. I have documented these www.whywaitforever.com/dwpatoscontract.html#breaches Why have you not considered these breaches of the Contract in your reply?

3. I commend you read the report of the Parliamentary Inquiry in Spring 2010. -"It is unacceptable that, despite the Government committing to publishing a report by the Secretary of State (Yvette Cooper) ...on ..decision making standards... annually...the most recent report was published in 2006 and only covered the 2002-2003 period." This conflicts with your claim that "regular audits are undertaken". Was the DWP withholding information to the Parliamentary Inquiry? Can you clarify?

4. Regarding the assault, I was not aware that I had been assaulted until several months later when I was given a copy of the Contract between the DWP and Atos and information on the individual who assaulted me. The lady claimed to be a doctor qualified in assessing my medical condition. She was not so qualified. Atos doctor Dr Brueker has confirmed she was not so qualified. "Atos" Independent Tier has confirmed she was not so qualified. An FOI request has failed to reveal that she has passed the Atos qualification standards. Thus I was assaulted. It is irrelevant how she carried out the examination and the fact that at that time she convinced me, a lay seriously ill person enduring pain, that she was a doctor who "worked well". She knew I had a brain tumour. She should have known what the Contract states is the procedure to be followed in respect of a patient with a brain tumour. She did not follow the procedure. She made me suffer for 110 minutes. It suggests to me she put Atos and her financial gain above my needs as a patient. She should be struck off the GMC register and the DWP should make this request to the GMC. Can you explain clearly why the DWP has not yet removed "Approval" status from this individual? Can you explain why you have not reported this individual to the Police?

5. Atos provided unsound medical advice which was a libel. They have admitted this. The Contract is clear Atos should refund the DWP for the mistakes that they make. Refer to the breaches of contract listed in the web link as above. The DWP has not received the goods and services that are specified in the contract and so under contract law the DWP should be refunded. Can you explain why the DWP is allowing Atos to keep monies that they have obtained under false pretences? Can you explain why the DWP has not yet taken Atos to the High Court to sue for libel, to obtain compensation for me and to recover the additional costs the DWP has incurred? Is this an NAO and Police matter? What are the influences that prevents the DWP from protecting taxpayers' funds in this matter? I believe my case is far from being unique. This case may set a precedent.

6. I notice you have not addressed the very serious matter concerning the individual who decided a face to face assessment was necessary. Note the conflict between what was said to the Secretary of State, what was obtained under a FOI request and what was stated by the "Atos" Independent Tier. Given that the "Atos" Independent Tier was given the task to find out what happened, it is clear Atos lied to the Secretary of State. Can you confirm that you have written to the current Secretary of State to correct matters and inform him of the behaviour of Atos?

7. I note you have not addressed the use of the term customer in my letter (www.whywaitforever.com/dwpatoslettersgov.html#DWP20100311T). Can you confirm that it is DWP policy to provide clearer more easily understood literature for those whose first language is not English and thus is discriminatory and in breach of equality legislation?

8. Due to the above can you confirm that the DWP has recommended that Atos Origin be removed from the list of preferred suppliers for future Government contracts?

9. Finally I have received a cheque from Atos. It says it is paid on behalf of the Benefits Agency. Can you confirm that this money has not been paid from DWP funds but has been paid from Atos funds.

All correspondence is available through my web site (www.whywaitforever.com/dwpatos.html). I look forward to hearing from you.

Thank you.

Certificate of Pay and Taxable Benefit and Tax Deducted Refunded - Year to 5 April 2010

Previous employment: ... ...     Pay      £    0.00  Tax Deducted     £  0.00  

Benefit
for      Total £ 4286.79         Taxable  £ 4286.79  Tax Refunded     £  0.00
current
claim
                                 Pay and
Total for year ... ... ....      Taxable  £ 4286.79  Net Tax Deducted £  0.00
                                 benefit 

                                                              PAYE reference ESA500
                                                              Final tax code ...
                                                              NI no          ...
                                                              Date of issue  24/04/10

       Benefit Office code ...        File Indicator ..       Print control ......

P60U      Issued by the BA DSS


Notes for the claimant                      Do not destroy

For more information see leaflet IR41 which you can get from any tax or benefit office

1. Jobseekers Allowance is subject to tax.

2. This form shows details of benefit and tax paid up to 5 April. It will help you to check
   your tax assessment or to fill in your tax return if you are sent either of these. Keep
   your P60U in a safe place as you cannot get another one.

3. If you think the amount of taxable benefit is wrong ask the benefit office for an
   explanation at once. If you are not satisfied, you have 60 days from the date of this
   certificate to make an objection, in writing. giving your reasons.
   If you do not object in writing with in 60 days you cannot question the amount of
   taxable benefit later.

4. If you have any questions about your tax affairs ask your tax office. If however you
   have a query about taxable benefit get in touch with your benefit office.

Department for Work and Pensions    Commercial Directorate

   Our address  Commercial Management of
                Medical Services
                North Fylde Central Office
                Norcross
                Block 3 Room 306
                Blackpool
                FY5 3TA

   Our phone number 01253 611552
   Email:
   DWP.MEDICALSERVICESCORRESPONDENCE@DWP.GSI.GOV.UK

   Date: 24 June 2010
   Our Ref: FOI IR 50-1415

Dear Mr B...

Thank you for your email received 28th May 2010 in which you explain you feel the response sent to you 26th May 2010 addressed only in part the matters you raised in your email dated 10th March 2010.

The information you asked for was processed under the Freedom of Information Act and as you have explained that you are dissatisfied with the information supplied, under the terms of the Act I have taken this as a request for an Internal Review.

As Freedom of Information Reviewing Officer I have reviewed in full your request; the decision of the Freedom of Information Officer and the information supplied.

Having looked at this again I am able to confirm that all the information you requested has been supplied to you in full. I therefore uphold the decision of the Freedom of Information Officer, the reasons for which are explained below.

In your letter 10th March you asked for the following information:

1. Can you provide me the legal justification that supports the refusal of Atos to use the services of the Independent Case Examiner as recommended by the National Audit Office (NAO)?

2. Can you tell me who is responsible for the management of the Contract between Department for Work and Pensions (DWP) and Atos?

3. Who audits that the Contract is managed?

4. Can you explain why no action has been taken over my serious complaint of assault and injury by Atos personnel?

5. Can you explain why the "Approval" has not yet been removed by the DWP from the individuals complained of?

6. Can you confirm that Atos has refunded the DWP for the unsound medical advice they provided to the DWP?

7. Can you tell me when the DWP Decision maker will be able to make a decision based on sound medical advice in line with that outlined by Atos doctor Dr Bruecker?

8. Can you investigate if Atos, in particular Mr Brian Pepper, has obstructed justice in that Atos provided information to the Minister that the ESA information was reviewed by a qualified HCP prior to deciding a face to face inteNiew was necessary?

Question 1

I note that the response provided in answer to question 1 accurately explained why Atos Healthcare has appropriately not made use of the services of the Independent Case Examiner. To further explain, Atos Healthcare has not ignored the recommendations made by the National Audit Office. These recommendations were directed towards Departmental Agencies, whereas Atos Healthcare is an independent organisation. The recommendations were therefore not made directly to Atos Healthcare.

Jobcentre Plus work with the Independent Case Examiner with regard to complaints handling and also work with Atos Healthcare to ensure that their own internal complaints process mirrors those of the Department. Individual customers may use the services the Independent Case Examiner in appropriate circumstances.

Question 2 and 3

I note that information was supplied in full regarding contract management and audit.

Question 4

You asked why no action has been taken over your serious complaint of assault and injury by Atos personnel. I note that the response stated that Atos Healthcare did not consider that the allegation of assault is valid and that their HCP conducted the assessment in accordance with professional standards, which was also confirmed by the Independent Tier.

In your email 28th May 2010 you explained that you were not aware that you had been assaulted until you received a copy of the Contract. t note in your opinion you feel the HCP was not appropriately qualified which is the basis for your allegation of assault. I also note that full information has previously been supplied to you to confirm that the HCP is fully qualified to the required standards and that in previous correspondence you have stated that you have no complaints about the doctor you saw. It is understood you have also complained to the GMC.

Question 5

You asked for explanation why the approval has not been removed from the individuals comptained of. I note that the response clearly explained that DWP would not be taking action regarding removal of approval unless the findings of the GMC indicate that this is appropriate.

Question 6

At question 6 you asked for confirmation that Atos Healthcare has refunded DWP for the unsound medical advice. The response clearly explained that as the medical assessment report was considered fit for purpose by the DWP decision maker then it is not appropriate for a refund to be requested.

Question 7

At question 7 you asked when the DWP Decision Maker will be able to make a decision. The response appropriately explained that questions about the benefit position or decision making should be directed to your Decision Maker. Neither Atos Healthcare nor Commercial Management of Medical Services Team have a role in the decision making process.

Question 8

At question 8 you asked for an investigation into your complaint about Mr Pepper. I note the answer confirmed that this complaint was being investigated.

The Internal Review of your request for information dated 10th March 2010 is therefore complete.

Your right to complain under the Freedom of Information Act

If you are not happy with this response you may request an internal review by e-mailing freedom-of-information-request@dwp.gsi.gov.uk. or by writing to DWP, Central FoI Team, 2nd Floor The Adelphi, 1-11 John Adam Street, London WC2N 6HT. Any review request should be submitted within two months of the date of this letter.

If you are not content with the outcome of the internal review you may apply directly to the Information Commissioner's Office for a decision. Generally the Commissioner cannot make a decision unless you have exhausted our own complaints procedure. The Information Commissioner can be contacted at: The Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow Cheshire SK9 5AF www.ico.gov.uk

As a separate matter to the Internal Review I have conducted, I note in your email 26th May 2010 you ask further questions at points 7,8 & 9. These points did not form part of your request for information 26th May 2010 and are therefore not subject to my Internal Review or your right to complain to Information Commissioner's Office above. Your questions will however be responded to by the Commercial Management of Medical Services Team.

If you have any queries about this letter please contact me quoting the reference number above.

Yours sincerely

John Murphy

Reviewing Officer

Department for Work and Pensions     Commercial Directorate

   Our address  Commercial Management of
                Medical Services
                North Fylde Central Office
                Norcross
                Block 3 Room 306
                Blackpool
                FY5 3TA

   Our phone number 01253 611552
   Email:
   DWP.MEDICALSERVICESCORRESPONDENCE@DWP.GSI.GOV.UK

   Date: 24 June 2010
   Our Ref: 2623

Dear Mr B...

Thank you for your email received 28th May 2010, part of which has been responded to under the terms of the Freedom of Information Act. The remainder of your questions, as promised are answered below.

Your letter to Ms Letwin at DWP Legal Group has also been forwarded to this team to respond to.

In your email 28th May 2010 at point 7 you asked.

I note you have not addressed the use of the term customer in my letter (www.whywaitforever.com/dwpatoslettersgov.html#DWP20100311T). Can you confirm that it is DWP policy to provide clearer more easily understood literature for those whose first language is not English and thus is discriminatory and in breach of equality legislation?

I understand you have received a response regarding the use of the term customer in the letter sent to you on the 9th February 2010. With regard to your second point about equality, the following link provides full information about DWP Policy on Diversity and Equality. http://www.dwp.gov.uk/about-dwp/diversity-and-equality

With regard to the complaint you made in connection with Atos Healthcare, in your email at point 8 you also asked if it could be confirmed that the DWP has recommended that Atos Origin be removed from the list of preferred suppliers for future Government contracts.

I can confirm that whilst Atos Healthcare are currently contracted to supply medical services to DWP, they are not regarded. nor listed as a preferred supplier because under the European Directive, contracts over a certain monetary threshold are subject to open competitive tender.

Regarding point 9 of your email 28th May 2010, I can confirmation that the cheque you have received from Atos Healthcare has been paid by Atos Healthcare funds and not by DWP.

With regard to your letter dated 10th March 2010, you asked Ms Letwin to review your letters sent to Mr Hampshire at the Independent Tier, Ms RB... at Luton BDC. Ms C... at Atos Healthcare and your letter to the GMC. As the information you asked for is in connection with the Medical Services contract, this letter has been forwarded to this team for our response.

In this letter you asked for the legal justification for Atos Healthcare's refusal to use the services of the Independent Case Examiner. In a subsequent response from this team we explained that Atos Healthcare has appropriately not made use of the services of the Independent Case Examiner because this recommendation, made by the National Audit 0ffice was directed towards Departmental Agencies rather than to Atos Healthcare which is an independent organisation. Our response added that Jobcentre Plus work with the Independent Case Examiner with regard to complaints handling and also work with Atos Healthcare to ensure that their own internal complaints process mirrors those of the Department. Individual customers may use the services the Independent Case Examiner in appropriate circumstances.

In your letter 10th March 2010 to Ms Letwin you also stated that the "Independent Tier" did not consider multiple breaches of the Contract between DWP and Atos."

As the Independent Tier (IT) is a body independent from DWP and Atos Healthcare any dissatisfaction should be addressed directly to the IT.

Your question regarding the management and audit of the Contract has been answered in our letter dated 26th May 2010. The Medical Services Contract Management Team, recently renamed as Commercial Management of Medical Services, manage the Medical Services contract.

Your question about refunding DWP for the medical advice has also been answered in the letter dated 26th May 2010. As the medical assessment report was considered fit for purpose by the DWP decision maker then it is not appropriate for a refund to be requested.

You asked 'when the Decision Maker will make a decision based on sound medical advice: As answered also in the letter dated 26th May 2010, questions regarding the decision making process should be directed your Decision Maker.

Finally you asked if "Atos Healthcare and Mr Pepper have obstructed justice in that information was provided to the Minister that the ESA information was reviewed by a qualified HCP prior to deciding a face to face interview necessary. The Independent Tier states this is not the case:

I can confirm that the information sent by DWP to ... MP 28th October 2009 is correct when stating that information provided by customers is screened before deciding whether a face to face examination is required.

Michelle Munro

Official Correspondence Manager

Commercial Management of Medical Services

Jobcentre Plus
Room 6.37. Caxton House. Tothill Street, London SW1H 9NA
Telephone 020 7829 3364
Darra Singh
Chief Executive
darra.singh@jobcentreplus.gsi.gov.uk

www.direct.gov.uk

Our ref: CE 0117034

29 July 2010

Dear Mr B...

The Independent Case Examiner (ICE) has asked Darra Singh, Chief Executive of Jobcentre Plus, to reply to your email of 5 July concerning your complaints about Employment and Support Allowance and the Work Capability Assessment. The ICE asked Mr Singh to reply because he has not previously had the opportunity to look into your complaint. I am replying on behalf of Mr Singh as one of the Directors of Jobcentre Plus.

I am very sorry for the delay you have experienced in resolving your complaint about our decision that you should undertake work-related activity whilst claiming Employment and Support Allowance. I am also sorry that we have not previously replied to your letter of 11 May. I have included the information you requested in this reply.

You wrote to us on 11 August 2009 to say that you disagreed with our decision but wished to defer your appeal until Atos Healthcare had replied to your complaints and sent you a copy of the medical report. We should have looked again at our decision at that stage so that you had the chance to move to an appeal as quickly as possible thereafter. Anita Guy, from our Luton Benefit Delivery Centre, telephoned you on 16 July to apologise for this and to explain what we would do next. I understand that you were unable to speak for long with Anita so she agreed to include more information in this letter.

As Anita explained, we have looked again at our decision but we are unable to change it. We will now send your appeal to the Tribunals Service so they can arrange far a hearing by an Independent Tribunal. We will also send you a copy of your appeal case.

Regardless of the outcome of your appeal, it is clear that we have caused you an unacceptable delay in this matter. We are therefore considering making you a Special Payment for the delay and we will write to you separately about this.

In your letter of 11 May, you asked for information about the rates of Employment and Support Allowance components. The weekly rate for the Work Related Activity Group component was £25.50 until 11 April 2010 then increased to £25.95. The weekly rate for the Support Group component was £30.85 and also increased to £31.40 after 11 April 2010. It is for the Tribunal to decide whether we have applied the law correctly in making our decision and it would be inappropriate to estimate how this difference might hypothetically be applied in your case.

When you spoke to Anita you asked her to provide a copy of the IB59 memo Atos Healthcare sent us about your most recent Work Capability Assessment. I enclose a copy of the IB59 with this letter.

In your email to the ICE you have raised several related issues about how Atos Healthcare assessed your capability. You have complained to Atos Healthcare separately about these matters and they were investigated through their own complaints procedure up to the Independent Tier. Geoff Hampshire, Convenor to the Independent Tier wrote to you on 15 February to explain that the investigation by Independent Tier had fully supported Atos Healthcare in their conduct and their handling of your complaints. I am unable to add anything further to his letter.

In your email you also state that you have not had a reply to your letter of 10 March to Isabel Letwin, Director of DWP Legal Services. Although Isabel acknowledges that there was a delay in replying to you and has asked me to pass on her apologies for this, James Fay wrote to you on Isabel's behalf on 26 May. On 27 May, you requested a review of the information he sent you and John Murphy wrote to you with the outcome on 24 June. I enclose copies of both of these letters for your information. I believe that these letters address the remaining questions that you included in your email of 5 July to the ICE and there is nothing I can usefully add to them.

As you are aware, you can contact the Independent Case Examiner (ICE) with six months from the date of this letter if you are not satisfied with the action taken by Jobcentre Plus. ICE offers a free, impartial resolution service but does not consider matters of law or government policy. ICE can be contacted by telephone (0845 606 0777), in writing (PO Box 155. Chester CH99 9SA), or by e-mail(ice@dwp.gsi.gov.uk). Full details are available on the ICE website at www.ind-case-exam.org.uk

Yours sincerely

DOUG WATKINS

HUMAN RESOURCES DIRECTOR ON BEHALF OF THE CHIEF EXECUTIVE

Medical Services advice minute

Customer details

Title                       Mr
Surname                     B...
Other names                 M.
National Insurance number   ...
Date of birth               ...

Advice to be noted below

Dear DM

After farther communication with Dr ... (GP of Mr B...)
he let me know that this gentleman suffers from Glioma (brain
toumor), which hasn't yet reached the criteria for Terminal Illness, but it causes
fits that may cause substantial risk and he has been referred to see the top
specialist in the county.
Bearing in mind the recent deterioration and the treatment for the fits, I believe
that it is likely this gentleman to fulfill the LCW/LCWRA criteria for special
circumstances (substantial risk if found capable for work or work related
activities).
I hope you find this helpful

(handwritten)
A prognosis of 12 months seems to be reasonable. IM 30/4/2010

Name Dr Ilias Macheridis                                   Date 23/04/2010

Approved Disability Analyst

IB59 MIN Version 10/06
      

Mr Darra Singh 
Chief Executive, Jobcentre Plus 
Room 6.37, Caxton House, Tothill Street, London SW1H 9NA
darra.singh@jobcentreplus.gsi.gov.uk 

4 August 2010

Dear Mr Darra Singh

NI Ref: ... Your ref: CE 0117034

WITHOUT PREJUDICE

Regarding the letter dated 29 July 2010 and attachments I received from Mr Doug Watkins Human Resources Director on behalf of the Chief Executive.

Thank you for the copy of the IB59 dated 23/04/2010 produced by Dr Ilias Macheridis of Atos Healthcare. Unfortunately it is not written in English; specifically to the standard of English specified in the Contract between the DWP and Atos Origin. There are spelling errors; the use of "farther" when "further" should have been used. Please can you explain what exactly is the medical condition "toumor". Finally the sentence starting "Bearing in mind..." does not make sense. The quality of work is unprofessional. I do not believe a qualified doctor would produce such shoddy work full of gross errors.

I have copies of the letters sent by my GP and my consultant to the DWP Atos and it appears that Dr Ilias Macheridis has poor skills in both reading and writing English. I would be pleased to provide the originals to assist if required.

1. Further the DWP Decision Maker who processed the IB59 should NOT have accepted this poor quality from Atos Healthcare. The Decision Maker should have returned this form as unacceptable and taken steps against Dr Ilias Macheridis including reporting him to the Medical Services Contract Management Team and the GMC. It should not be the responsibility of a patient to report a DWP contractor to the GMC. The DWP has a duty of care to the patient. I expect the DWP to exercise this duty in full. Can you explain what steps you are taking against this individual?

2. Please can you provide me the GMC reference for Dr Ilias Macheridis.

3. Please can you arrange for Dr Ilias Macheridis to be removed from the "approved" list on the grounds that his knowledge of English is not up to standard.

4. Please can you take action against Atos Origin for breach of contract.

5. Please can you ask Atos Healthcare to redo the IB59 by someone qualified and who can both read and write English to the standard specified in the Contract. Once this has been completed please send me a copy and I will decide whether there are grounds for appeal.

6. Please can you note I am STILL expecting a letter from Ms Anita Guy who promised to write to me in the telephone conversation you referred to. As I am unable to write I believed she was going to complete a DLA form on my behalf and send it to me for my approval. I expect outstanding matters to be addressed, to receive an apology and to explain what disciplinary or competency action has been taken against the individuals who have harmed me.

7. Please can you note I am STILL expecting a letter from the Medical Services Contract Management Team over the action they are taking over the multiple breaches of contract, the fact that the Minister was misled in respect of who decides whether a face to face assessment is necessary, the fact they have lost records of who took the decision, the fact that the 90 minutes journey time was ignored, other breaches listed previously, the fact that the doctor should NOT have carried out the assessment as she was not a specialist in my medical condition and the fact that the doctor could neither read nor write English to the level specified in the Contract (the evidence is the unsound ESA85 she produced). Mr James Fay confirmed investigations continue over the misleading of the Minister by Mr Brian Pepper. I expect to receive a full account, an apology and to explain what disciplinary or competency action has been taken against the individuals who have harmed me. Why did the Cardiff Atos office make an illegal appointment in breach of contract?

8. I am pleased that the IB59, as I have attempted to translate it, confirms that a face to face assessment was not necessary, it confirms that the ESA85 dated 24th July 2009 was unsound and a libel. As explained above the IB59 is unsound. This is the third attempt by Atos Healthcare to comply with the Contract and they have failed each time. Can you confirm they have refunded the taxpayer for their repeated mistakes?

9. Given the above evidence can you confirm the "approval" of the doctor who produced the unsound ESA85 has been removed?

10. I note you have not addressed my point that the DWP claim that regular audits are undertaken is not consistent with the DWP written evidence submitted to the Parliamentary Inquiry that the most recent report, was published in 2006 and only covered the 2002-2003 period. I ask again can you clarify?

11. It is clear that Atos Origin misled the Secretary of State over the matter of who decides whether a face to face interview is necessary. Can you confirm that you have written to the current Secretary of State to correct matters, inform him of the behaviour of Atos Origin and can you recommend that Atos Origin be removed from the list of preferred suppliers for future Government contracts?

12. I note you have not addressed the use of the term customer in my letter (www.whywaitforever.com/dwpatoslettersgov.html#DWP20100311T). Can you confirm that it is DWP policy to provide clearer, more easily understood, literature for those whose first language is not English and thus is discriminatory and in breach of equality legislation or explain what steps you are taking to ensure documentation is legal?

13. I would like to point out that there are many legal precedents where a Department of State is fully responsible for the actions of any contractors it chooses to engage. Thus the NAO procedure should have been followed and the process carried out by Mr Geoff Hampshire is not legal. Can you explain why you continue to obstruct justice, defy the Law and refuse to refer this matter to the Independent Case Examiner in conformance to the NAO policy clearly set out?

14. I accept your offer of a Special Payment to cover delay and consequential costs. This is over and above the monies legally due and withheld through the neglect or incompetence of the DWP. I suggest a nominal sum for each item of correspondence similar to that which would be charged by a firm of solicitors. Can you confirm that this is acceptable and I can send you a full account when this matter is resolved to the satisfaction of all parties?

If you can address these 14 points as soon as possible as this matter has been outstanding over a year. All correspondence is available through my web site (www.whywaitforever.com/dwpatos.html). I look forward to hearing from you.

Thank you.

Yours faithfully

Jobcentreplus

NlNo: ...
SP ref no:
BDC/BFD10/01/110510

Date: 06/08/2010

Dear Mr B...

About this Special Payment request

This is to let you know the outcome of a request for a special payment that the Jobcentreplus has asked me to consider on your behalf.

On behalf of Jobcentreplus I would like to apologise for the mistakes, which led to this request.

A payment for gross inconvenience resulting from persistent error will only be made if the errors made are so persistent and over such a protracted period of time that it causes the customer gross inconvenience in the pursuit of benefits, or pursuing a justified complaint about relevant matters.

Consolatory payments are made in very exceptional circumstances where an official error has had a direct adverse effect on the life of the customer and/or on the life of another person.

In the exceptional circumstances of your case I have decided to award you a Special Payment of £75.

It should be remembered that some dealings with the Department, whether or not an error occurs, may take time and that complying with the law can often be frustrating or inconvenient and sometimes stressful.

There is no process of appeal against our Special Payment decision because these decisions are entirely discretionary. However, if you can provide further evidence to support your request we will review our decision.

Where to get more information

If you have not received this payment within a month from the date of this letter, please contact me by telephone on 01582 681347 or by post at Jobcentre Plus, Luton BDC, Ascot Road, Watford WD99 1AB.

Yours sincerely

Bonita Murphy

Employment and Support Allowance Manager, Luton BDC

How this compensatory payment may affect your entitlement to income based benefits.

If you are unsure on any of the following information you should contact the office that is/would be responsible for processing your benefit claim.

If you receive a contribution based benefit

This payment will not affect any contribution-based benefit you are receiving or will receive in the future.

If you receive an income based benefit

This payment may affect any income-based benefit such as Income Support, Income Based Jobseeker's Allowance, Housing Benefit and Council Tax Benefit you receive or will receive in the future.

The amount of the payment you have received will be disregarded for a period of time dependent on the amount of the award if it is in respect of Attendance Allowance, Disability Living Allowance, Income Support, Mobility Allowance or Supplement, Supplementary Benefit, Jobseeker's Allowance (Income Based Jobseeker's Allowance only) or Income Based Jobseeker's Allowance (Income Support, Housing Benefit and Council Tax Benefit).

If the payment is in respect of any other benefit check with your local office as it maybe taken into account immediately.

Period of disregard - amount of arrears and compensatory payment is less than £5,000

If the amount of arrears and compensatory payment you have received is to be disregarded and is less than £5,OOO, this payment will not be taken into account for a period of 52 weeks from when you receive it.

Period of disregard - amount of arrears and compensatoy payment is £5,000 or more

If the amount of arrears and compensatory payment you have received is to be disregarded and is £5,000 or more, this payment will not be taken into account for 52 weeks from when you receive it or, if the payment was received in full during your current claim for an income based benefit, the remaining period of your current claim, whichever is the longer period.

Capital after the disregarded period

After the disregard period any money remaining will be added to any other savings (capital) you or your partner have and taken into account in the normal way. The amount of capital a customer or their partner has before it affects entitlement to income-based benefits depends on the benefit claimed. Capital is not just savings in a build ing society, capital can be:

savings from income, i.e. cash, money held in bank/building society accounts:

a lump-sum or one off payment, e.g. money which has been borrowed, compensation for personal injury;

investments, i.e. capital and income bonds, stocks and shares, personal pension schemes;

property, i.e. land, outbuildings, business assets;

a beneficial interest in the capital of a trust; and/or unadministered estate.

This is not an exhaustive list.

Capital rules

Capital or what is sometimes known as savings can have an effect on a claim to income based benefit. There are two limits that apply, a lower and upper limit. Capital over the upper limit will usually mean you cannot get income-based benefits. The level of the limits varies dependent on the benefit claimed and your circumstances. For more information see leaflet Social Security benefit rates, reference GL23, savings rules or ask at your nearest Jobcentre or Benefit Delivey Centre.

Please note, should you make a claim to Pension Credit the lower limit is capital up to and includ ing £6,000 (£10,000 in specified accommodation) and will not be taken into account. However, should you require any more detailed information on how this payment may affect Pension Credit please contact the Pension Service.

Tariff income

For each £250 or part of £250 of capital over the lower limit your benefit is reduced by £1 per week. for more information see leaflet Social Security benefit rates, reference GL23, income from capital or ask at your nearest Jobcentre or Benefit Delivery Centre.

This is not a full and authoritative statement of law. If you are unsure how capital affects specific benefits, or what is classed as capital , please contact the office dealing with your claim.

Department for Work and Pensions                                    Page 1

HELPDESK
PO Box 4194,
Cardiff,
CF14 8BB.
Phone 0845 602 8244

Remittance Advice

Date 16/08/2010

A payment of £75 will be paid via Automatic Credit Transfer direct to your Bank / Building Society. Please make allowance for the time Bank / Building Society will require to pass the payment through their clearing system prior to crediting your account. The payment has been made in respect of the following item(s).

Your reference is ... Please tell me this number if you get in touch.
YOUR  PAYEE REFERENCE NUMBER IS ...

Invoice Number                           Date    Amount Paid    Amount Recovered
Invoice Description
...
04/08/2010 - 04/08/2010             04/08/2010         75.00
Page 1 of 1 (End of remittance Advice)      

Department for Work and Pensions
Commercial Directorate

  Our address      Commercial
                   Management of Medical
                   Services. Room 306,
                   Norcross Governnment
                   Buildings, Norcross
                   Lane, Thornton,
                   Lancashire
                   FY5 3TA


  Our phone number 01253 611553
  Website          www.dwp.gov.uk

  Our Ref 2848
  Date: 24 August 2010

Dear Mr B...

I am writing to acknowledge that your letter dated 4 August 2010 to Darra Singh has been received and a response is being drafted by Jobcentre Plus and DWP Commercial Management of Medical Services team to the questions you asked within your letter.

1. Further the DWP Decision Maker who processed the IB59 should NOT have accepted this poor quality from Atos Healthcare. The Decision Maker should have returned this form as unacceptable and taken steps against Dr Ilias Macheridis including reporting him to the Medical Services Contract Management Team and the GMC. It should not be the responsibility of a patient to report a DWP contractor to the GMC. The DWP has a duty of care to the patient. I expect the DWP to exercise this duty in full. Can you explain what steps you are taking against this individual?

2. Please can you provide me the GMC reference for Dr Ilias Macheridis.

3. Please can you arrange for Dr Ilias Macheridis to be removed from the "approved" list on the grounds that his knowledge of English is not up to standard.

4. Please can you take action against Atos Origin for breach of contract.

5. Please can you ask Atos Healthcare to redo the IB59 by someone qualified and who can both read and write English to the standard specified in the Contract. Once this has been completed please send me a copy and I will decide whether there are grounds for appeal.

6. Please can you note I am STILL expecting a letter from Ms Anita Guy who promised to write to me in the telephone conversation you referred to. As I am unable to write I believed she was going to complete a DLA form on my behalf and send it to me for my approval. I expect outstanding matters to be addressed, to receive an apology and to explain what disciplinary or competency action has been taken against the individuals who have harmed me.

7. Please can you note I am STILL expecting a letter from the Medical Services Contract Management Team over the action they are taking over the multiple breaches of contract, the fact that the Minister was misled in respect of who decides whether a face to face assessment is necessary, the fact they have lost records of who took the decision, the fact that the 90 minutes journey time was ignored, other breaches listed previously, the fact that the doctor should NOT have carried out the assessment as she was not a specialist in my medical condition and the fact that the doctor could neither read nor write English to the level specified in the Contract (the evidence is the unsound ESA85 she produced). Mr James Fay confirmed investigations continue over the misleading of the Minister by Mr Brian Pepper. I expect to receive a full account, an apology and to explain what disciplinary or competency action has been taken against the individuals who have harmed me. Why did the Cardiff Atos office make an illegal appointment in breach of contract?

8. I am pleased that the IB59, as I have attempted to translate it, confirms that a face to face assessment was not necessary, it confirms that the ESA85 dated 24th July 2009 was unsound and a libel. As explained above the IB59 is unsound. This is the third attempt by Atos Healthcare to comply with the Contract and they have failed each time. Can you confirm they have refunded the taxpayer for their repeated mistakes?

9. Given the above evidence can you confirm the "approval" of the doctor who produced the unsound ESA85 has been removed?

10. I note you have not addressed my point that the DWP claim that regular audits are undertaken is not consistent with the DWP written evidence submitted to the Parliamentary Inquiry that the most recent report, was published in 2006 and only covered the 2002-2003 period. I ask again can you clarify?

11. It is clear that Atos Origin misled the Secretary of State over the matter of who decides whether a face to face interview is necessary. Can you confirm that you have written to the current Secretary of State to correct matters, inform him of the behaviour of Atos Origin and can you recommend that Atos Origin be removed from the list of preferred suppliers for future Government contracts?

12. I note you have not addressed the use of the term customer in my letter (www.whywaitforever.com/dwpatoslettersgov.html#DWP20100311T). Can you confirm that it is DWP policy to provide clearer, more easily understood, literature for those whose first language is not English and thus is discriminatory and in breach of equality legislation or explain what steps you are taking to ensure documentation is legal?

13. I would like to point out that there are many legal precedents where a Department of State is fully responsible for the actions of any contractors it chooses to engage. Thus the NAO procedure should have been followed and the process carried out by Mr Geoff Hampshire is not legal. Can you explain why you continue to obstruct justice, defy the Law and refuse to refer this matter to the Independent Case Examiner in conformance to the NAO policy clearly set out?

14. I accept your offer of a Special Payment to cover delay and consequential costs. This is over and above the monies legally due and withheld through the neglect or incompetence of the DWP. I suggest a nominal sum for each item of correspondence similar to that which would be charged by a firm of solicitors. Can you confirm that this is acceptable and I can send you a full account when this matter is resolved to the satisfaction of all parties?

Please accept my apologies for the delay in acknowledging your letter.

Yours sincerely

Hilary Brierley

Deputy Head of Commercial Management of Medical Services

Department For Work and Pensions
Commercial Directorate


  Our address      Commercial Management of
                   Medical Services
                   North Fylde Central Office
                   Norcross
                   Block 3 Room 306
                   Blackpool
                   FY5 3TA

  Our phone number 01253 611537
  Email:           DWP.MEDICALSERVICESCORRESPONDENCE@DWP.GSI.GOV.UK

  Date: 26 August 2010
  Our Ref FOI 1573-2219

Dear Mr B...

Thank you for your Freedom of Information request dated 4 August that was included
within your letter to Darra Singh and forwarded for me to respond to in my role as
Department for Work and Pensions (DWP) Commercial Management of Medical Services
Freedom of Information Officer.

You asked to be provided with the GMC reference for Dr Ilias Macheridis.

As you state the approved Health Care Professional (HCP) who completed the IB59 was
Dr Ilias Macheridis, his GMC reference number is 6138922 HCP primary qualifications
are held in the public domain and appear on the General Medical Council (GMC)'s
website. Please refer to www.gmc-uk.org then click on "check a doctor's registration" and
complete the appropriate fields.

HCP's are also fully trained in Disability Assessment Medicine. Expertise in this field
qualifies the HCP to give an impartial, independent assessment on the way in which a
customer's illness or disability affects them in carrying out of a range of eveyday work-
retated activities. Training (see Appendix) includes the assessment of the effects of
specific conditions, for example mental health, or where a condition may ftuctuate.
Emphasis is always placed on the differing circumstances of each individual customer.

All HCP's have passed strict recruitment and experience criteria and are registered with an
appropriate professional body such as the GMC or the Nursing and Midwifey Councit.
They also receive training in customer rights, equal opportunities and professional
standards.

The role of the HCP is to cary out an assessment of the functional effects of the
customer's disabling condition, and to utilise the information gathered to provide the DWP
Decision Maker with an impartial and independent assessment. Therefore, unlike the more
widely known type of examination, the assessment is not concerned with diagnosis or
decisions about treatment so specialist diagnostic qualifications are unnecessary.
However a customer may submit evidence from their doctor or specialist if appropriate.

The assessment carried out is different to the more usual type of medical examination in
which the HCPs aim is to make a diagnosis and decide on appropriate treatment. A GP or
Specialist is not usually trained in disability assessment medicine and therefore will often
not have specific experience in assessing the disabling effects of medical conditions and
the way in which a customer's illness or disability affects them in carrying out of a range of
eveyday work-related activities. As well as this difference in emphasis within the
assessment process, the HCP will, when giving an opinion, be aware of the law relating to
benefit entitlement. A Specialist on the other hand is less likely to be familiar with Social
Security Legislation.

Unfortunately we cannot supply any information relating to professional standing or
qualifications. CV's and information relating to post-graduate qualifications of an HCP,
which are held by Atos Healthcare, constitutes that person's personal data. This
information cannot be disclosed in accordance with Section 40 of the Freedom of
Information Act 2000 as disclosure would breach that person's right to privacy under the
Data Protection Act 1998. In applying this exemption the Department has balanced the
public interest in withholding the information against the public interest in disclosing the
information and consider there is no overarching public interest argument in favour of
releasing this information

The other matters you have raised in your correspondence will be answered separately.

If you have any queries about this letter please contact me quoting the reference number
above.

Yours sincerely

James Fay
Freedom of Information Officer



Your right to complain under the Freedom of Information Act
If you are not happy with this response you may request an internal review by e-mailing
freedom-of-information-request@dwp.gsi.gov.uk, or by writing to DWP, Central FoI Team,
5th Floor The Adelphi, 1-11, John Adam Street, London WC2N 6HT. Any review request
should be submitted within two months of the date of this letter.

If you are not content with the outcome of the internal review you may apply directly to the
Information Commissioner's Office for a decision. Generally the Commissioner cannot
make a decision unless you have exhausted our own complaints procedure. The
Information Commissioner can be contacted at: The Information Commissioner's Office,
Wycliffe House, Water Lane. Wilmslow Cheshire SK9 5AF www.ico.gov.uk


=======================
Appendix
Atos Healthcare Training

Initial Training: varies in detail according to which benefit is involved. However all such
training follows a similar basic pattern, as follows:

Theoretical Training: Theoretical training commences with a trainer led theory based
course usually delivered to a group of HCPs in a classroom setting. HCPs who are new to
the work of Atos Healthcare will receive instruction in such areas as disability analysis,
customers rights, equal opportunities and professional standards. Detailed technical
information relevant to the benefit concerned is provided. All Atos Healthcare trainers
have undergone specific training to prepare them for the role, including practical sessions
to enhance their understanding of how adults leam.

Practical Training: Practical Training is the work undertaken by the new recruits that is
produced in a controlled environment. For examination centre based assessments the
HCP is supervised and appraised by an experienced Medical Adviser as they complete
their introductory cases. In the domiciliary visit based benefits the initial cases are
monitored immediately on return to allow feedback to be given without delay.

Demonstration of understanding assessed by multiple choice examination: for Incapacity
Benefit, Employment and Support Allowance and Disability Living Allowance the HCP is
required to attain a pass mark in a multiple chaice questionnaire before they are allowed to
proceed to the practical training. The questionnaire includes questions on the whole range
of topics covered in the training course.

Demonstration of understanding by audit: In all benefits the initial cases produced by the
HCP are target monitored by an experienced medical adviser and the training cannot be
considered as complete until they have demonstrated that their work is acceptable.
Whenever any problems are identified appropriate feedback is provided. Further cases
are monitored until the work is shown to be satisfactory. If the situation is not rectified the
HCP may be required to repeat the entire training process. Continued lack of progress will
result in the HCP being informed by a medical manager they can be offered no further
training and no further work.

Approval: All HCPs must be approved by the CMA to the DWP and separate approval is
required for each benefit area in which the HCP is involved. Approval is dependent on
successful completion of all stages of their training process and ongoing demonstration
that the work being carried out meets a satisfactory standard.

Written Guidelines: As part of the HCPs training and ongoing support they are issued with
guidelines pertaining to the benefit involved. These guidance notes provide specific
technical advice about the benefit concerned, outline best practise and contain general
advice about disability analysis and service to the people with disabilities.

All HCPs are monitored to ensure that their work meets the required quality standards. If
a problem is identified, the HCP may be required to undertake tailored training, which may
involve training in mental health issues if required.
      

Department For Work and Pensions
Commercial Directorate


  Our address      Commercial Management of
                   Medical Services
                   Room 306,
                   Norcross Government Buildings,
                   Norcross Lane, Thornton.
                   Lancashire
                   FY5 3TA

  Our phone number 01253 611553
  Website          www.dwp.gov.uk

  Our Ref 2903
  Date: 3 September 2010

Dear Mr B...

Your letters dated 11 March and 15 June 2010 sent to Isabel Letwin raised a
number of points about the Department for Work and Pensions policies in relation
to the use of terminology for "customers"/"claimants"; and the use of plain English:

1. The Parliamentary Inquiry has reported. Evidence and the report uses the
   term "Claimant" and "Customer".

2. Is it Government policy and DWP policy to provide clearer more easily
   understood literature for those whose first language is not English?

I am responding in my role as manager of the DWP Commercial Management of
Medical Services team. This team is responsible for managing the performance of
Atos Healthcare, who provide Medical Services on behalf of the Department to
support Decision Making on sickness and disability related benefits.

I apologise for the delay in response to your queries. I understand that Q1 was
answered under the Freedom of Information Act in the letter dated 9 February
2010, Ref FOI 1209-2565 (a copy is enclosed).

In relation to Q2 and your points about the use of English as a first language, the
Department has clear policies and guidance for dealing with all of its customers,
including those who require different formats, for example disability and language
access. The Department's policy with regards to providing documents for those
customers whose first language is not English was established to meet legislative
requirements. The legal obligations arise in the main from the Race Relations Act
1976 (and related legislation). Under the Race Equality Duty, all public bodies
(which include DWP) have a specific duty to publish a race equality scheme that,
amongst other things, sets out the arrangements to make sure the public have
access to information and services. The DWP Race, Disability and Gender Equality
Scheme sets out the arrangements and can be accessed at:
http://www.dwp.gov.uk/about-dwp/diversity-and-equality/dwp-equality-schemes/
/equality-schemes-2008-2011/

The Department's policy ensures that written information is accessible to all
customers by producing its main information products in different formats and
languages, as appropriate, as well as English. When delivering services the
Department must provide reasonable adjustments for customers and it aims to
meet the commitment by ensuring that the alternative formats are available at the
time they are requested, or within a reasonable pre-specified period of time agreed
with the customer. As part of its standards in delivering all of these services the
Department has a commitment to the use of plain English.

For non written communication the Department has guidance in place for the
support of customers. This means, for example, that where a member of staff
needs to inteview a customer who does not speak English, the Department's
practice is that they should arrange to provide an interpreter within one working day
(although the interview may need to take place later than this). Staff should, in
accordance with this practice, offer customers an interpreter arranged and paid for
by the Department.

I trust this is helpful.

Yours sincerely

Hilary Brierley
Commercial Management of Medical Services
      

Employment and Support Allowance - Jobcentre Plus
Luton BDC, Ascot Road, Watford. WD99 1AB
Telephone 0845 608 8627
Website: www.jobcentreplus.gov.uk

Date: 06/09/2010

Our ref: NI nos ...

Dear Mr B...,

I have looked again at the decision about Employment and Support Allowance (ESA)
notified to you on 29/07/2009.

following the telephone conversation I had with you in July 2010, I referred your case
back to the Medical Services and requested a reconsideration of the original medical
opinion which at that time showed that you had met the ESA Work Related Activity Group
criteria rather than the Support Group criteria.

The medical advice which has been received has fully taken into account all the points
you raised in your letters received in August 2009 and has not been changed on
reconsideration. The Medical Adviser has stated that the information available at the time
of the assessment which you attended on 24/07/2009 did not show that you met the
Support Group criteria and this medical opinion was later supported by the investigation
carried out by the Independent Tier.

I have taken into account the original report, your letters and the Medical Practitioner's
reconsideration response and I agree with the reasons for placing you in the ESA Work
Related Activity Group. Consequently, I have not revised the decision dated 29/07/2009
and as a result you remain in that group for the period 11/07/2009 to 28/04/2010 (both
dates included).

On 05/05/2010 you were however placed in the Support Group from 29/04/2010 after
your case was reviewed by the Medical Services. This decision was made by the
Decision Maker and was based on the medical opinion of your GP Doctor C..., who
had advised the Medical Services that there had been recent deterioration in you medical
condition.

If you now wish to appeal against the original outcome decision dated 29/07/2009 the
late application will be supported and accepted as in time far the Appeal Tribunal
purpose. I must apologise that the letters you submitted in August 2009 did not receive
the correct response from this Office. The explanation which has been sent to you in
response to your Chief Executive complaint should have provided a full explanation for
this.

If you require any further information or assistance, I will be pleased to help and I may be
contacted by post at the address at the top of this letter or by telephone on 01582
681347.

Mrs A Guy, ESA WCA Team Leader, Luton BDC

Part of the Department for Work and Pensions
      

To Mr James Fay, Freedom of Information Officer

Your Ref FOI 1573-2219

Dear Mr James Fay,

Thank you for your letter dated 26 August 2010.

I appreciate you supplying me with the GMC reference for Dr
M..., who unfortunately can neither read nor write English to
the standard specified in the Contract between the DWP and Atos.

I am concerned that you have provided a partial view of the process
the HCP is obliged to carry out as defined by Contract.  I would
like you to read the Contract. I have given you another opportunity
to provide me with a corrected statement of the process to include
the following:

1. The HCP should read and write English to the standard specified.

2. The HCP should read the ESA50 and decide whether the claimant has
   a listed medical condition. These are defined in Appendix 1 of 
   Schedule 4 Section 4.12 Final Version - 15 March 2005 - Pages 6 to 11 

   a) Some listed conditions do not require a face to face assessment.

   b) Other listed conditions require that the HCP first contact the GP
      or Consultant of the claimant to agree that a face to face
      assessment will not harm the patient or is unnecessary.

      If the face to face assessment is unnecessary, the IB59 is 
      completed to reflect the information provided by GP or Consultant.

   c) Other listed conditions where a face to face assessment is required
      may assess the functional effects of the claimant's disabling
      condition and may follow the process as you describe.  The HCP
      should produce an ESA85 in English for the Decision Maker.

Finally I refer you to the Contract where the Atos HCP is contractually
obliged to ONLY use the term "claimant" in respect of the claimant.
HCPs assess War pensioners, patients, the disabled and others where
the term "customer" is inappropriate, confusing and insulting.

Can you confirm that the Contract does NOT allow Atos is use the term
"customer" or "client" but only claimant?

Can you further confirm that any usage of the term "customer" or "client"
by Atos in respect of the claimant is a breach of Contract?

Here are the Contract Schedule 1 Definitions 
(Final Version dated 15 March 2005 pages 3 - 25):

"Claimant(s)" means any person claiming or having claimed entitlement
to the receipt of benefits or Other Related Advantages from the AUTHORITY
or from any other department, office or agency of the Crown.

"Customer" means a representative of the AUTHORITY for whom the provision
of Services is included in the scope of this Agreement.

I look forward to hearing from you.  I am happy to communicate by email.

Yours sincerely
      

Department for Work and Pensions
Commercial Directorate

  Our address      Commercial Management of
                   Medical Services.
                   Room 306,
                   Norcross Governnment Buildings,
                   Norcross Lane, Thornton,
                   Lancashire
                   FY5 3TA

  Our phone number 01253 611553
  Website          www.dwp.gov.uk

  Our Ref 2848/2895/CE117034
  Date: 3 September 2010

Dear Mr B...

Thank you for your letter of 4 August and your email of 18 August to Darra Singh, Chief Executive of Jobcentre Plus, concerning your issues with Atos Healthcare and Jobcentre Plus.

I am responding in my role as manager of the DWP Commercial Management of Medical Services (CMMS) team and on behalf of Darra Singh (Jobcentre Plus Director). CMMS is responsible for managing the performance of Atos Healthcare, who provide Medical Services on behalf of the Department to support Decision Making on sickness and disability related benefits.

I am sorry that you feel we have failed to fully address the matters you raised and that the letter of 29 July from Doug Watkin and those sent on 26 May and 24 June from Commercial Management of Medical Services Team have not resolved your concerns. However, there is little more I can add to Doug's letter.

I can assure you we do take all complaints very seriously and fully investigate them. However, you will appreciate that we do not provide details of the results or action taken as these are internal matters.

The points of concern from your letter dated 4 August 2010 are listed below and responses detailed in that order follow on. These have been sourced, as appropriate, from within the Department and Atos Healthcare.

1. Further the DWP Decision Maker who processed the IB59 should NOT have accepted this poor quatity from Atos Healthcare. The Decision Maker should have returned this form as unacceptable and taken steps against Dr Ilias Macheridis including reporting him to the Medical Services Contract Management Team and the GMC. lt should not be the responsibility of a patient to report a DWP contractor to the GMC. The DWP has a duty of care to the patient. I expect the DWP to exercise this duty in full. Can you explain what steps you are taking against this individual?

2. Please can you provide me the GMC reference for Dr Ilias Macheridis.

3. Please can you arrange for Dr Ilias Macheridis to be removed from the "approved" list" on the grounds that his knowledge of English is not up to standard.

4. Please can you take action against Atos Origin for breach of contract.

5. Please can you ask Atos Healthcare to redo the IB59 by someone qualified and who can both read and write English to the standard specified in the Contract. Once this has been completed please send me a copy and I will decide whether there are grounds for appeal.

6. Please can you note I am STILL expecting a letter from Ms Anita Guy who promised to write to me in the telephone conversation you referred to. As I am unable to write I believed she was going to complete a DLA form on my behalf and send it to me for my approval. I expect outstanding matters to be addressed, to receive an apology and to explain what disciplinary or competency action has been taken against the individuals who have harmed me.

7. Please can you note I am STILL expecting a letter from the Medical Services Contract Management Team over the action they are taking over the multiple breaches of contract, the fact that the Minister was misled in respect of who decides whether a face to face assessment is necessary, the fact they have lost records of who took the decision, the fact that the 90 minutes journey time was ignored, other breaches listed previously, the fact that the doctor should NOT have carried out the assessment as she was not a specialist in my medical condition and the fact that the doctor could neither read nor write Engtish to the level specified in the Contract (the evidence is the unsound ESA85 she produced). Mr James Fay confirmed investigations continue over the misleading of the Minister by Mr Brian Pepper. I expect to receive a full account, an apology and to explain what disciplinary or competency action has been taken against the individuals who have harmed me. Why did the Cardiff Atos office make an illegal appointment in breach of contract?

8. I am pleased that the IB59, as I have attempted to translate it, confirms that a face to face assessment was not necessary, it confirms that the ESA85 dated 24 July 2009 was unsound and a libel. As explained above the IB59 is unsound. This is the third attempt by Atos Healthcare to comply with the Contract and they have failed each time. Can you confirm they have refunded the taxpayer for their repeated mistakes?

9. Given the above evidence can you confirm the "approval" of the doctor who produced the unsound ESA85 has been removed?

10. I note you have not addressed my point that the DWP claim that regular audits are undertaken is not consistent with the DWP written evidence submitted to the Parliamentary Inquiry that the most recent report, was published in 2006 and only covered the 2002-2003 period. I ask again can you clarify?

11. It is clear that Atos Origin misled the Secretary of State over the matter of who decides whether a face to face interview is necessary. Can you confirm that you have written to the current Secretary of State to correct matters, inform him of the behaviour of Atos Origin and can you recommend that AtoS Origin be remOVe from the list of preferred suppliers for future Government contracts?

12. I note you have not addressed the use of the term customer in my letter (www.whywaitforever.com/dwpatoslettersgov.html#DWP20100311T). Can you confirm that it is DWP policy to provide clearer, more easily understood, literature for those whose first language is not English and thus is discriminatory and in breach of equality legislation or explain what steps you are taking to ensure documentation is legal?

13. I would like to point out that there are many legal precedents where a Department of State is fully responsible for the actions of any contractors it chooses to engage. Thus the NAO procedure should have been followed and the process carried out by Mr Geoff Hampshire is not legal. Can you explain why you continue to obstruct justice, defy the Law and refuse to refer this matter to the Independent Case Examiner in conformance to the NAO policy clearly set out?

14. I accept your offer of a Special Payment to cover delay and consequential costs. This is over and above the monies legally due and withheld through the neglect or incompetence of the DWP. I suggest a nominal sum for each item of correspondence similar to that which would be charged by a firm of solicitors. Can you confirm that this is acceptable and I can send you a full account when this matter is resolved to the satisfaction of all parties?

Q1 & Q5. It is appreciated that you have concerns about the quality of the IB59 completed by the Atos doctor. However, the Department considers it fit for purpose, and therefore has not asked for it to be rewritten. Anita Guy from Watford Benefit Delivery Centre has written to you following your conversation in July. She has explained that your case was looked at again but it was decided not to change the decision about your limited capabitity for work. She also explained your options if you feel the decision is wrong. I can advise that the Decision Maker can return for rework any medical advice if they feel it does not meet the purpose intended, for example due to contradicting statements, use of jargon or because it is illegible.

Q2. Dr Ilias Macheridis' General Medical Council (GMC) reference is ..., a full response has been issued to you by the Commercial Management of Medical Services Freedom of Information Officer, reference 1573-2219.

Q3. Atos Healthcare referred your concerns to their Customers Relations Medical Adviser Dr N Kaiper-Holmes who reviewed the information. Dr Kaiper-Holmes has stated, that Dr Ilias Macheridis has not only acted in accordance with Atos Healthcare's Professional Standards but he has agreed with the customer that the latter should be regarded as having both Limited Capability for Work within the parameters of ESA and LCWRA.

He has spelt "further" and "tumour" wrong and has put, "to fulfil", rather than "fulfils" but the meaning is absolutely explicit and clear. What he may not have done is "spellcheck" his reply but the fact that he has correctly spelt "Glioma", "substantial", "Deterioration", "criteria" and "communication" indicates to me that his level of written English is of a high standard. He has also communicated verbally with the GP concerned and had no problems there.

Dr Ilias Macheridis' Medical Manager has stated that he has successfully completed his training in various benefits with Atos Healthcare. She adds that he participates actively in any team meetings and presentatians that he attends. Finally, she advises that she has no concerns with Dr Ilias Macheridis' ability to communicate in the English language.

I can advise that Atos Healthcare undertakes a stringent recruitment process for Healthcare Professionals (HCP) and this includes the assessment of oral communication skills during a formal interview conducted by experienced medical and administrative managers. If the interviewers find that an HCP's oral skills are not of the required standard, then the HCP will not be successful at interview. This ensures that all HCPs who carry out examinations in respect of benefit claims speak the level of English required for the role.

ln addition GMC regulations around language testing follow European Law and are also applied to the NHS. They are as follows:

"lf you are an International Medical Graduate seeking registration practise, you must satisfy us of your knowledge of English. The only exceptions under European law, are:

Nationals of member states of the European Economic Area (EEA) other than the UK

Swiss nationals who since 1 June 2002 benefit under European law.

UK nationals who are exercising their European Community (EC) rights of free movement within the EEA.

UK nationals and non-EEA nationals who are married to EEA nationals who are exercising their EC rights of free movement within the EEA."

Q4. I can advise that as Jobcentre Plus has stated the IB59 was fit for purpose then DWP will not hold Atos Healthcare in breach of contract.

Q6. I apologise for any misunderstanding following your call with Anita when you talked about making a claim for Disability Living Atlowance (DLA). Anita is not in a position to complete an application form for you. You can find out more information concerning DLA via our Directgov website, where you can also make an application on line or print an application form off to complete. You can also call the Benefit Enquiry Line on 0800 88 22 00 for more help.

Q7. We advised in the letter dated 11 January 2010 Ref: FOI 1144-2419 that the HCP who scrutinised your case and thus made the decision that a face to face assessment was required was Mrs Tanya Catherine Andrews. All HCP's are monitored by random quality audit to ensure that their work meets the required quality standards. However Atos Healthcare has confirmed that Nurse Mrs Tanya Catherine Andrews work on this particular case was not reviewed or checked by her manager or others responsible for quality, audit and compliance.

In the letter dated 7 April 2010, Ref: VTR 260 we stated that your assessment was undertaken at the request of Jobcentre Plus.

A response relating to the location of your assessment waS also provided in the letter dated 7 April 2010, Ref: VTR 260 in that our records show that your assessment was arranged to take place at Highgate Medical Examination Centre (MEC), 1 Elthorne Rd, London. All requests for referrals are made by the DWP Benefit Delivery Centre, which registers referrals on a computer system. At this stage a MEC is automatically allocated by the referral system, which is based on the customer's postcode. In your case because your postcode is ... the referral system allocated you to Highgate MEC. There were 2 other MECs - Luton and Romford which, in hindsight, could possibly have been used, however, in both cases "Transport Direct" (a government web site intended to help people using public transporl to plan their journeys) states that the journey times using public transport to both were equal or longer than the journey time to Highgate. Atos provides information from this website to customers; this is in addition to their own location map of the MEC. The provision of transport details is over and above Atos contractual obligations but is an example of the continuing improvements to the service they provide for their customers. The Cardiff office was involved in your referral because it is responsible for booking appointments for a proportion of the assessment centres within the UK.

Whilst Atos continuously review the information they provide to customers, "Transport Direct" is not a source of information that is within their sphere of responsibility and, as such, they are unable to amend or change the information in any way. Therefore, an agreed disclaimer has been added to the journey planner as neither the DWP nor Atos can be held responsible for any erroneous details the website pages may contain.

With regard to the HCP not being a specialist, a response was also provided in the letter dated 7 April 2010, Ref: VTR 260 that in order to provide independent, accurate and authoritative advice and reports it is not necessary for HCPs to hold specialist registration with the GMC.

Regarding your altegation that Mr Pepper misled the Minister, in the letter dated 24 June 2010 ref: 2623 the Independent Tier stated that this was not the case and this has been accepted by DWP.

We believe that all these points have now been fully answered.

Q8. In your letter you state that you are pleased that the IB59 confirms a face to face assessment was not necessary and you also state in the letter that it is unsound and libel. Whilst I cannot reconcile your statements I can advise also that DWP will not request a refund from Atos Healthcare because medical advice returned to Atos Healthcare to be reworked is undertaken at Atos Healthcare's own expense.

Q9. I can confirm at this stage that the approval of the HCP who completed the ESA85 has not been revoked. However, as stated in the letter dated 6 May 2010 Ref 1333-858 the DWP Chief Medical Adviser will consider appropriate action on completion of the GMC investigation into your complaint.

If you now have a response from the GMC please forward it to:

DWP Chief Medical Adviser
Caxton House
Tothill Street
London

Ql0. It is not clear from your questions which audits you are referring to. All HCP's employed by Atos Healthcare are subject to regular random quality audit. There are a number of performance targets that Atos Healthcare must meet and these are reviewed at monthly Performance Review Meetings. There are several other forms of meeting between DWP and Atos Healthcare at which performance is discussed. In addition, as stated in the letter dated 6 May 2010 Ref 1333-858, regular internal audits are undertaken by the Departmental Audit team to ensure that all commercial contracts are being managed effectively.

However, I can confirm that the Department has not exercised its contractual right to access for the purposes of auditing Atos Healthcare's compliance with its contractual obligations.

Qll. As previously advised the decision to refer a case to Atos Healthcare for medical advice is made by Jobcentre Plus; the actual process can then differ dependant on benefit type. In the case of Incapacity Benefit and Employment and Support Allowance, a pre-board check is completed on cases to see if the medical evidence on file substantiates the stated level of disability and that a face to face assessment is not required. lf, in the opinion of the HCP conducting the pre-board check, there is insufficient evidence on file to substantiate the stated level of disability then an invitation to attend a medical assessment will be issued.

As such the Department does not believe the Minister has been misled on this matter and all other issues raised have been covered by letter dated 24 June 2010 Ref 2623.

Ql2. Your concerns regarding the use of the terms Claimant and Customer have been addressed in previous correspondence dated 9 February 2010 Ref FOI 2565. For the purposes of the Medical Services Contract the terms customer and claimant are used to differentiate between Atos Healthcare's customer, DWP and the DWP customer. However, as an agent of DWP, Atos Healthcare is expected to refer to "claimants" as customers in their correspondence and operational dealings with those individuals.

In the letter dated 24 June 2010, ref: 2623 a response to your second point about equality, the following link was provided to provide you with full information about DWP Policy on Diversity and Equality. http://www.dwp.gov.uk/about-dwp/diversity-and-equality

In the letter dated 24 June 2010, ref: 2623 it was stated that whilst Atos Healthcare is currently contracted to supply medical services to DWP, they are not regarded, nor listed as a preferred supplier because under the European Directive, contracts over a certain monetary threshold are subject to open competitive tender.

Ql3 In the letter dated 24 June 2010, ref: 2623 a response was provided to this uestion where it was explained that Atos Healthcare cannot make use of the Independent Case Examiner (ICE) but that individual customers may use their services in appropriate circumstances. DWP are not able to approach the ICE direct concerning a case. ICE accepts cases direct from individuals who are unsatisfied with the service they have received from DWP. DWP does fully cooperate with their investigations. For your convenience I have included their contact details again. ICE can be contacted by telephone (0845 606 0777), in writing (PO Box 155, Chester CH99 9SA), or by email (ice@dwp.gsi.gov.uk). Full details are available on the ICE website at www.ind-case-exam.org.uk.

Ql4 In recognition of the delay and inconvenience caused Jobcentre Plus has now decided to award you a Special Payment of £75 which should have been in your bank account by the end of August. If you would like to send in details of any costs you have incurred whilst corresponding with us we will consider reimbursing them. Please send any details to Anita Guy at Luton Benefit Delivery Centre, Ascot Road, Watford, WD99 1AB.

Yours sincerely

Hilary Brierley

Commercial Management of Medical Services

Statement in full from Atos Healthcare which carries out work capability assessments in relation to the new Employment Support Allowance.

...

"Atos Healthcare is continually monitored and audited by the DWP to ensure that it completes the highest standard of assessment and that medical advice is correct.

...

http://www.bbc.co.uk/news/10159850 (http://www.bbc.co.uk/news/10159850)

Department for Work and Pensions
Commercial Directorate

  Our address      Commercial Management of
                   Medical Services.
                   Governnment Buildings,
                   Norcross Lane, Thornton,
                   Lancashire
                   FY5 3TA

  Our phone number 01253 611553
  Website          www.dwp.gov.uk

  Our Ref 2848/2895/CE117034
  Date: 13 September 2010

Dear Mr B...

Thank-you for your email to Mr Fay dated 7th Sept 2010. I am responding in my role as manager of the Department for Work and Pensions Commercial Management of Medical Services team. This team is responsible for managing the performance of Atos Healthcare, who provide Medical Services on behalf of the Department to support Decision Making on sickness and disability related benefits.

In your email you explain that you are content with the information sent to you 26th August 2010 regarding Dr Ilias Macheridis GMC reference number; however you remain concerned about aspects of the contractual process:

1) Reading and writing English to the standard required
2) Face to face assessment criteria
3) The use of the terms Customer and Claimant

I can confirm that our recent response to you on 3rd September 2010, and previous correspondence referred to in that letter, addresses all of the issues you raise.

Yours sincerely

Hilary Brierley

Deputy Head of Commercial Management of Medical Services

HOUSE OF COMMONS
London SW1A 0AA
Tel: 020 7219 3000

13th September 2010

Dear Mr B...

Please find attached a copy of correspondence recently received from Ms Hilary Brierley, Commercial Manager - Medical Services, Department for Work and Pensions, in response to representations made an your behalf regarding the performance of Atos Healthcare.

I am still awaiting replies from the Secretaries of State for Justice and Work & Pensions, and will contact you again as soon as I hear further.

Yours sincerely

... MP

Representing ...

Department for Work and Pensions
Commercial Directorate

... MP                Our address      Commercial Management of
House of Commons                       Medical Services.
London                                 Room 306
SWlA OAA                               Norcross, Governnment 
                                       Buildings, Norcross Lane,
                                       Thornton, Lancashire
                                       FY5 3TA

                      Our phone number 01253 611553
                      Website          www.dwp.gov.uk

                        Our ref: POS(2)11058/O159/2909
                                 3 September 2010

Re: Mr B...

NlNO ...

Dear Mr ...

Your letter sent on 26 August 2010 to Darra Singh, Chief Executive of Jobcentre Plus in respect of Mr B... has been sent to me to respond in my role as manager of the DWP Commercial Management of Medical Services team. This team is responsible for managing the performance of Atos Healthcare, who provide Medical Services on behalf of the Department to support Decision Making on sickness and disability related benefits.

I have attached copies of the letters that have been sent to Mr B... in response to the 14 points that he raised in his original letter dated 4 August 2010.

I trust this is helpful and if I can be of any further assistance please do not hesitate to contact me.

Yours sincerely

Hilary Brierley

Commercial Manager - Medical Services

Mrs A Guy 
ESA WCA Team Leader, ESA - Jobcentre Plus 
Luton BDC, Ascot Road, Watford WD99 1AB 

29 September 2010 

Dear Mrs Guy

NI Ref: ...

Regarding your letter dated 6 September 2010 which contains substantive errors of fact. It does not agree with the information provided by Atos Healthcare. It does not agree with the information provided by my MP from the Minister for Disabled People and provided by Darra Singh Chief Executive Jobcentre Plus.

I would like you to review, once again, and take actions consistent with the Welfare Reform Act, the Contract between the DWP and Atos Origin and the correspondence mentioned above.

I would like to defer, once again, a decision to appeal pending receipt of a medically sound copy of form IB59 that reflects my medical condition in July 2009.

We now know that Nurse Mrs Tanya Catherine Andrews, in blatant breach of the Contract, decided on receipt of the ESA50 that a face to face assessment was necessary. All have agreed that she should have asked the advice of a Medical Advisor who in turn should have consulted with my GP and or consultants. The result would have been that I would have been placed in the ESA Support Group in July 2009.

Your responsibility now is to ask Atos Healthcare to produce a sound IB59 that reflects my medical condition in July 2009. They need to contact my GP and or consultants and confirm how serious my condition was at that time. Please check that this is written in English as the Atos doctor that produced the IB59 dated 23 April 2010 is under investigation by the GMC as this IB59 was not written to the standard of English which the GMC expects medical documents to conform with.

Please send me a copy of the IB59 that reflects my medical condition in July 2009 as soon as possible. I assume it will confirm I should have been placed in the support group at that time. If this is the case, please calculate the monies owed and arrange for my account to be credited with this sum. If this is not the case, I will appeal as my serious condition at the time, including emergency admission to hospital, is not in dispute.

Nurse Mrs Tanya Catherine Andrews is under investigation by the NMC. The face to face assessment was unnecessary and caused me injury. The assessment by the Atos doctor constituted an assault. The ESA85 that was produced is a libel and the Atos Doctor who produced this unsound medical document is subject to a GMC investigation. The Ministry of Justice has been asked to investigate whether Atos has undue influence, in breach of the Civil Service Code, on individuals in the DWP. One factor is the reluctance of the DWP to enforce the Contract between the DWP and Atos. Submitted as evidence is the reluctance of Luton BDC to reject the IB59 dated 23 April 2010 as substandard.

I refer you to the 3 September 2010 letter from Hilary Brierley where she agrees that you will reimburse my costs. My costs up to the end of September 2010 are difficult to calculate but I will accept a nominal sum of two thousand (£2,000) pounds to take into account the assault, injury, legal consultations and correspondence costs. This is in addition to the sum mentioned above relating to under payment.

Finally I appreciate your honesty in your admittance of negligence in not replying to my letter of August 2009. On a personal note my medical condition has significantly deteriorated. I am now practically house bound and have lost most of the use of my right leg and cannot write due to twitching. The medicines I am taking are just about keeping the pain and twitching under control. Climbing stairs is very difficult and I am very very weak all the time. I do not feel I have much time left so would appreciate it if you could take action as swiftly as possible. I look forward to hearing from you.

Yours sincerely

Mr B...

Mrs A Guy 
ESA WCA Team Leader, ESA - Jobcentre Plus 
Luton BDC, Ascot Road, Watford WD99 1AB 

1 November 2010 

Dear Mrs Guy

NI Ref: ...

I note you have still not replied to my letter dated 29 September 2010.

For your information, I was in ... hospital from Friday 8 October to Monday 25 October 09:51 for biopsy, seizures, epilepsy, multiple daily focal fits, pain etc. I am very weak. I need to take lots of medicine. I am somewhat stable if I sleep 16+ hours per day. I have a brain tumour grade 3 oligoastrocytoma. It is growing. The size is now that of a small orange. Radiotherapy is due to start 11 November for 6 weeks. My right side has got worse.

Yours sincerely

Jobcentreplus
Department for Work and Pensions

Office of the District
Manager
Beauver House
6 Bricket Road
St Albans
AL1 3JU

Tel 01727 773334
www.dwp.gov.uk

1 November 2010

Dear Mr B...,

Thank you for your letter of 29 September 2010 concerning Atos Healthcare. I do apologise for not acknowledging this letter at the time.

We aim to reply to all correspondence within ten working days. However it is taking us longer than anticipated to obtain all the information we require to respond to the issues that you raised. Please accept our apologies and we hope to send you a full answer to your queries as soon as possible.

If you require any further information please contact us via the details given at the top of this letter

Yours sincerely,

Di Newman, Correspondence Team