Page 57 - Reforming Benefits Decision-Making -(updated - August 2021)

2.67 In 2018 the Work and Pensions Select Committee recommended that the
DWP introduce regulations on what constitutes ‘good reason’ for non-
compliance with the claimant commitment. We agree with this
recommendation. The DWP’s response to this recommendation was that it
was unnecessary as there is detailed guidance for decision-makers on what
constitutes good reason. Further, they were concerned that a statutory list
would reduce flexibility and become a checklist, disadvantaging claimants
155
whose reasons are not prescribed. Whilst we appreciate the need for
flexibility, clearly the guidance is not being sufficiently taken into
consideration and acted upon when making sanctions decisions. In our view
the list of good reasons provided in the guidance would have greater force if it
was put on a statutory footing (along with any other appropriate good
reasons). We do not think it is necessarily a bad thing for decision-makers and
work coaches to have a check list of reasons that they must go through before
referring or imposing a sanction. Including a discretionary category of any
other situation the work coach/decision-maker considers reasonable would
provide sufficient flexibility so as not to prejudice individuals whose reason
did not fall within the list.

2.68 Reasonableness is a term that is well defined in case law. The ‘Good Reason’
guidance for decision-makers explains that decision-makers “should consider
what a reasonable person with the same characteristics as the claimant, (for
example: the same age and experience), would have done in the same
circumstances in consideration of all the facts and circumstances of the
156
case”. Despite this, it does not appear that decision-makers are properly
considering all the circumstances.

2.69 The DWP has implemented a new Sanctions Assurance Framework. This
explicitly states that the work coach must have a discussion with the claimant
to identify and understand any barriers or circumstances that may have had an
impact on their work-related activities. It also states that they must gather
evidence and review any changes in the claimant’s circumstances taking into

155 Work and Pensions Committee, Benefits sanctions: Government Response to the Committee’s
Nineteenth Report of Session 2017-19 (HC 1949, 2019) paras 66, 68-69.
156 DWP, ADM K2: Good Reason (K2022, June 2021).

48