Page 46 - Reforming Benefits Decision-Making -(updated - August 2021)

and the contract contents. As noted by the Information Commissioner,
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effective access to information is key to ensuring that public services are
accountable, however there is currently a ‘transparency gap’ in relation to
outsourced public services. As a result, the Information Commissioner has
recommended that contractors should be designated as public authorities for
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the purposes of FOIA in relation to their provision of public services.
2.50 Further, the outsourcing of assessments means that claimants cannot complain
directly to the DWP about the assessment process but must complain to the
assessment provider, whereas if they want to complain about the decision, this
must be raised with the DWP. We were told that this causes confusion for
claimants who are seeking redress. Once claimants have exhausted the
assessment provider’s complaints process, they can make a complaint about
the assessment process to the Independent Case Examiner (ICE). However,
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the remit and powers of the ICE are limited, and it takes on average a year and
half for cases to be resolved.
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2.51 We therefore recommend that health and disability assessments should no
longer be outsourced to private companies and should be conducted by
HCPs employed directly by the DWP together with clear channels of
accountability and grievance procedures. This will be a significant step in
restoring trust in the system and improving the quality of health and disability
assessments, especially if combined with the introduction of an independent
regulator/adjudicator as outlined in paragraph 2.100 below. We note that as
part of the DWP’s health transformation programme pilot, health and
disability assessments will be carried out by the DWP rather than an

113 Information is exempt from disclosure under the Freedom of Information Act if it constitutes a trade
secret, or if its disclosure is, or would likely, prejudice the commercial interests of any person (FOIA,
s.43).
114 Information Commissioner’s Office Outsourcing Oversight? The case for reforming access to
information law (2019). FOIA, s.5 provides for the Secretary of State or Minister for the Cabinet Office
to designate as a public authority for the purposes of FOIA any person either exercising functions of a
public nature or providing under a contract with a public authority any service whose provision is a
function of that authority.
115 DWP, Complaints procedure.
116 DWP, ‘Question for Department of Work and Pensions UIN 1734’ (9 January 2020).

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