Ipswich Unemployed Action.

Campaigning for Unemployed Rights.

Guide To Stopping Harassment From the DWP.

with 33 comments

Guide To Stopping Harassment From the DWP.

From: Obi Wan Kenobi.

 

This is largely recommended, as a starting point for thinking about action, from the The Sanctioned Jobseeker

Guide (see full text).

What is Harassment?

Harassment is generally defined as any course of action which causes the recipient to feel distressed, humiliated or threatened. In law, the Protection from Harassment Act 1997provides a legal remedy for recipients of harassment if it can be shown that an offence has occurred as a result of:

  • a course of conduct;
  • which amounts to harassment of another; and
  • which the defendant knows, or ought to know amounts to harassment of another.

This specific piece of legislation is what I have relied upon to prevent the DWP from harassing me further, as detailed in my Cease and Desist letter dated the 11th of September 2014.

Example of Harassment

  • Jobcentre Plus advisers behaving in a manner which causes you to feel distressed, humiliated or threatened. This could be anything from the way they speak to you, to more specific actions, such as threatening to stop your benefits for no reason (i.e. an unlawful sanction).
  • Being forced to attend a Work Programme related activity despite it not being in your immediate or long-term interest
  • Being repeatedly called to pointless interviews or meetings at the Jobcentre Plus/DWP
  • Causing unnecessary delays when processing complaints, claims, appeals or other documents
  • Making false accusations or claims about you
  • Misrepresenting information you have given

 

 

How to Stop The Harassment.

The moment that the DWP act in a manner which causes you to feel distressed, humiliated or threatened, you must complain to them in writing that their behaviour made you feel that way and that you don’t wish to be treated in that manner. Send the letter by Recorded Delivery or make sure you get a signed and dated copy and receipt from the DWP if you hand deliver it.

Once the letter of complaint has been sent, if you experience a second incident which makes you feel distressed, humiliated or threatened, then you need to have ready a Cease and Desist letter ready to give to them and simply hand it to them without telling them what it is and once they accept the letter, inform them that it is a Cease and Desist letter for harassment and that if they breach the terms of the Cease and Desist letter then you will file charges for harassment and get the police involved.

The important point after the letter has been handed in is to maintain the pressure on them to get the outcome which you require. I will be posting audio clips of my various phone calls where I had to invoke the power of the Cease and Desist letter and you will hear for yourself just how fearful the DWP employees get when confronted with someone who knows their rights, can remain calm and assertive, plus has the power to threaten the DWP employee with a visit from the police if the person in question can be shown to have breached the terms stated in the Cease and Desist letter.

What to Do if They Don’t Stop the Harassment

If after the Cease and Desist letter has been handed in they continue their course of harassment, then you are within your legal rights to phone the police and demand that they investigate your claim of harassment against the DWP or the individual in question. Inform the police that you have given them a lawful Cease and Desist letter for harassment and that they have breached the terms of the letter and you now wish to formally press charges against the DWP or named individual.

If the harassment is solely from one individual, or the same group of individuals, then you can also insist that the police investigate an allegation of Misconduct in Public Office, an offence which can be proven by proving malicious harassment from employees who hold Public Offices, such as Jobcentre Plus advisers. The offence also carries a maximum sentence of life imprisonment.

It is a good idea to have copies of all evidence readily available for the police to investigate as this will make it appear an easier case for them to look into (harassment is pretty much clear cut in cases involved mistreatment at the hands of an organisation).

If the police refuse to take your allegations seriously, or refuse to investigate, you should ask to speak to the Duty Sergeant and make a formal complaint about their refusal to investigate a crime despite having proof of said crime.

 

Important Note from Ipswich Unemployed Action: I would urge extreme caution in involving the police in anything but the most serious cases.

 

Advertisements

Written by Andrew Coates

October 12, 2014 at 9:27 am

33 Responses

Subscribe to comments with RSS.

  1. good advice

    Sent from my Samsung Galaxy smartphone.

    brettes6

    October 12, 2014 at 10:30 am

    • Agree!

      Sent from my iPhone 6 smartphone.

      Wug

      October 12, 2014 at 3:40 pm

  2. There are a lot of people in similar situations like the one below.

    A friend of mine has been having problems with the Jobcentre for some months now.
    To summarise the problem, in the latter part of last year he had over 10 weeks without any benefts whatsoever and no income, due to an error on the part of Jobcentre Plus and Working Links. In the end the CAB took up his case and obtained £300 compensation for him and an admission from Working Links of their part in the problem.
    At this point he went on the sick for several weeks due to an injury and when he signed off the sick on 25th March, and signed back on JSA this was his first contact with Jobcentre staff since his victory.

    From the moment he signed back on he was treated badly and to date has still not received any JSA, although they have failed to give any written reason. He has rquested an emergency payment over a week ago and nothing has happened.
    Today he’s received a letter accusing him of an incident on the phone in which a member of staff apparently felt intimidated by him. His name has been marked as potentially violent and they have threatened him with the police.

    I was actually present with him when the call in question took place and there was no intimidation or violence on his part. The JSA person on the other hand was obstructive and hung up on him. He had to call back and made a complaint about this with the person’s manager.
    They also say in their letter that they have notified the local authority and other organisations that he is a potential violent threat to them. THIS IS ABSOLUTE NONSENSE.

    Before someone makes a complaint the JC makes a complaint about that person.

    enigma

    October 12, 2014 at 10:52 am

    • Everyone will have been notified from the butcher, baker to the candlestick-maker. A woman was put on this ‘list’ for ‘stealing’ a daffodil from a flow-bed or some such shit. It falls under gang-stalking. Now everywhere your friend goes they will be looked at as if they are some fruitcake.

      Toble

      October 12, 2014 at 3:30 pm

  3. The best advice is take someone with you.unfortunately not everyone can. whats being mentioned is a day to day occurrence at jobcentre plus offices. weekly signings/coach appointments are an excuse for the runaround,to get someone in front of them,and giving them no sense conversation.

    For someone with a condition its even more so.people suffering an illness like depression are having this type of thing piled on top.a complaint is a must,take it to your mp,there is a independent case examiner and parliamentary ombudsman also. dont expect a reply from the jobcentre if you complain to them only,their legal team must be feeling it.

    ken

    October 12, 2014 at 1:29 pm

    • I would agree.

      Andrew Coates

      October 12, 2014 at 2:23 pm

  4. “Common Law, not statue rules (statutes are not law and that is why statutes make no mention of law, i.e. a “statutory offence”).” – a bit of the ole Freewo(man) of the Land sneaking into this. So we can just ignore the Road Traffic ACT, Theft ACT, Sexual Offence ACT… since they are not Laws they are ACTS as in a stage play… yeah, right 😉 Next we will be hearing that you don’t need a Driving Licence to drive on public roads (it is optional) and your mortgage is already paid off the moment the moment you take it out (it is optional to pay it back)… maybe so but it is not the way the courts, coppers and bailiffs look at it 😉

    Joolz

    October 12, 2014 at 4:33 pm

    • Remember: you have to CONSENT into an ACT… yeah sure 😉

      Joolz

      October 12, 2014 at 4:34 pm

  5. Had a HEO for the past word using his lower level staff pressuring me to allow access to UJM. Was having none of it after seeing Channel 4 and issues they raised plus horror stories of 300 jobs being dumped into an account and missing applying for just 1 meant sanctioned. Finally [luckliy] the HEO in question did my interview and tried it on [this was seven weeks after I presented a letter laying out the law on Data Acccess and requesting a written explanation – I of course have never received one].

    I Accidently recorded the events, how stupid of me, being the trusting person that I am. I demanded a written explanation again. He said did not need to, then changed his mind. Strangely I have not received the written explanation.

    Submitted a Harrassment letter naming the Area Manager but did not send it up just gave it to the HEO and for my file. For some reason its gone quite. Been asked to submit a Complaint via their internal system. Fully intend to do so in a week or two. But will also go via the harrassment route as well. Lets see how they like it when the boot is on the other foot and the person pressing this rubbish and the others in the chain of command are also in line of fire.

    Gazza

    October 12, 2014 at 4:49 pm

  6. I don’t think cycles should be on roads. They don’t pay road tax and get in my way when Im driving thru the town at 60MPH to pub. I have to drive as its a quarter mile away. I’m very fat, (not my fault). I’m a member of the Tory party and I enjoy farting. I think that unemployed people should be sent to the workhouse and not get unemployment benefit. I also love Brooks Newmark.

    Fat Tory

    October 12, 2014 at 5:25 pm

    • Fat Tory you must be a parrot. Just seen the same shite on JV’s blog. Sling yer hook.

      Jester McFail

      October 12, 2014 at 6:45 pm

  7. It’s very interesting to see mention of “Gang Stalking” and “Community Notification Lists” on here in relation to Jobcentre activities.

    The following case made the press a few years ago:

    http://www.dailymail.co.uk/news/article-1195399/Woman-branded-potentially-violent-council-complaining-damaged-flowerbed.html

    The Jane Clift case, or rather the issue it highlights, ie, “Community Notification Lists” – which itself is part of the much larger and much more sinister world of “Gang Stalking” – is a subject which should be given further attention.

    Tobanem

    October 13, 2014 at 7:59 am

    • It is fucking ridiculous that jobseekers are being put on this blacklist for having a difference of opinion with some jumped-up Nazi jobcentre “adviser”!

      Outraged

      October 13, 2014 at 8:37 am

    • As someone said on here, “we have to be careful about what we say while in a jobcentre” and council and it seems anywhere else for that matter, it only takes one person to have our name on a black list, the less we say the better maybe, but then being silent would probably have you end up on a black list also.

      enigma

      October 13, 2014 at 8:56 am

  8. TARGETED INDIVIDUAL

    Another term used in the “Gang Stalking” world is “Targeted Individual”.

    I’ve just come across a recent article in which the term “Targeted Individual” is used. It’s in an article which claims David Cameron unveils plans to ban free speech. A few sentences should whet your appetite:

    “These new plans would also promise British police greater powers to access Internet data. Targeted Individuals would also be barred from certain public spaces and from associating with named people”.

    http://akashictimes.co.uk/david-cameron-unveils-plans-to-ban-free-speech-and-protest/

    Tobanem

    October 13, 2014 at 8:51 am

    • ” Bar people from certain public places” Just what the Nazi’s did to the undesirables.

      enigma

      October 13, 2014 at 9:00 am

  9. FIXATED THREAT ASSESSMENT CENTRE

    Now there’s another term to digest!

    More here:

    http://akashictimes.co.uk/uk-enforces-law-which-bans-public-from-criticising-the-govt/

    [The Fixated Threat Assessment Centre] “was given sweeping powers to check more than 10,000 suspects’ files to identify mentally unstable potential “killers and stalkers” with a fixation against public figures”.

    Just think of that all you who criticise IDS on here!!!

    Of course, the way things are going, we are all “potentially unstable killers, stalkers and terrorists!!!!!!

    Tobanem

    October 13, 2014 at 9:00 am

    • Yes, both on line and off, as before, “now all have to be very very careful”

      “Landless pleasant” should be extra careful.

      enigma

      October 13, 2014 at 9:14 am

    • Extract from above article on Fixated Threat Assessment Centre:

      “At the end of court hearing, the person being tried [for their religious, political or cultural beliefs] may win or lose their case without knowing why, as the court’s reasoning will likely be “classified”.

      More worryingly the legislation surrounding all of this was first introduced by Tony Blair! (As you might know, Tony Blair MP is an anagram of “I’m Tory plan B”)!

      Tobanem

      October 13, 2014 at 9:15 am

      • It’s basically just yet more “control” again leading to total control of peoples lives.

        To have a court case against someone without the accused being there, then taken straight to jail, not knowing why, it’s unbelievable but then it’s happened before.

        After knowing what they have in mind, it makes one wonder, brick layers will have many years of employment, they are going to be very busy.

        enigma

        October 13, 2014 at 9:50 am

  10. well i found out why the podium has gone as its been replaced with computers for job searching could see about 6 on the first floor, no one was using them tho. and there right by the front door as well so no privacy when using them it looks like.

    super ted

    October 13, 2014 at 10:00 am

    • Why the fuck aren’t they set up in separate rooms or in some sort of cubicle. The local jobcentre has them set up right by the front door where the podium is. How the fuck is a jobseeker going to effectively jobsearch in that kind of environment. Anyway, it’s got fuck all to do with job-searching – it all about is public humiliation and to engender shame!

      In The Stocks

      October 13, 2014 at 11:37 am

      • I wonder if the jobseekers forced to sit at these terminals for 40 hours a week will be forced to wear bright orange bibs?

        In The Stocks

        October 13, 2014 at 11:40 am

    • The same has happened in the jobcentre here, the private rooms have been removed, near the front door. so the 35 hour supervised job search will be starting very soon. trouble ahead.

      enigma

      October 13, 2014 at 2:48 pm

  11. Here is some direct action against a slightly different target,

    “Staff on the new series of Benefits Street have been warned they face being shot at by fed-up locals.

    Feelings against the Channel 4 documentary are running high and some residents have boasted they want to disrupt filming – with air rifles.

    They want London-based Love Productions to stop shooting scenes in Kingston Road, Stockton-on-Tees.

    Two locals have talked on Facebook about taking pot-shots at the crew.

    One wrote “air rifle out”, while a friend added “f***in bullet gun lol”.

    A disgruntled resident warned: “People don’t want them in the street. The lads have been talking about egging the crews or throwing bags of urine at them.

    “Air rifles have been mentioned, which is an illustration of people’s anger that this film company is just here to make money off the backs of the residents.”

    The new show has already caused controversy with local MPs accusing Channel 4 and Love Productions of cashing in on the first series of Benefits Street set in Birmingham’s James Turner Street.”

    Daily Mirror.

    http://www.mirror.co.uk/tv/tv-news/benefits-street-staff-warned-face-4427398?ICID=FB_mirror_main

    Andrew Coates

    October 13, 2014 at 3:02 pm

  12. id rather take one of there 100k+ video cameras of there hands, might think twice after losing 1-2 of those 😉

    super ted

    October 13, 2014 at 3:06 pm

    • If you get two, I’ll have the other!

      enigma

      October 13, 2014 at 5:29 pm

  13. This must be one of the worst cases of harassment I’ve come across.

    You must do your JSA jobsearch online, even though we know you can’t

    Posted on October 13, 2014
    Iain Duncan Smith, planner extraordinaire, aims to have the majority of Universal Credit claims made online. Here’s an example of someone who will be completely excluded from claiming because of that:

    A couple of weeks ago, I posted an article about Eddie (name changed) and the problems that he was having with his online jobsearch. I’ve met twice with Eddie since then.

    Eddie is a 51-year-old Kilburn man who has mild learning difficulties. He struggles to read and write. At the moment, he signs on for jobseeker’s allowance. He has worked for most of his life as a catering assistant in hotels, pubs and in kitchens, but was made redundant about four years ago. He has been unemployed ever since. He is very keen to get another job, but has not been able to find one. He wants someone to help liaise with potential employers on his behalf – to ring people who take staff on, put him forward as a candidate, promote him and his work history and to talk through any problems that employers may have with his literacy difficulties. Eddie has taken CVs into businesses all over Kilburn. He never gets called back.

    The upshot of all of this is that Eddie must go to the jobcentre every fortnight to sign on and to show that he’s searched for at least 14 jobs. This post will show you how difficult and pointless this jobsearch exercise is for him. One of Eddie’s main problems is his struggle to read and write. He can write letters out if people tell him which ones to choose (for example, he asked me how to spell “Customer Service Advisor” when applying for one job, then wrote it as I spelled it out), but has trouble with more complex words. He also finds computers challenging. He doesn’t have a computer at home, which means that he rarely uses one. He wasn’t sure what a browser was when I took my laptop around to his flat to help him with his jobsearch (you’ll see some of this in the videos below).

    http://www.katebelgrave.com/2014/10/you-must-do-your-jsa-jobsearch-online-even-though-we-know-you-cant/

    Andrew Coates

    October 14, 2014 at 3:15 pm

  14. I would be a bit wary of involving the police; the police make the jobcentre look like amateurs when it comes to deception and duplicity! I wouldn’t trust the police further than I could throw them!

    ACAB

    October 16, 2014 at 11:59 am

  15. Hi just reading the info on site . I have been getting harrassed for2half years i have moved twice and can not condone this anymore iv had assult, criminal damage to my car and acessing my home which is burgalry, items missing from my home, followed, provoked to fight when going to shop and my daughter abused and the police say its due to mental health ..bull……! Any advice oh and when they want to come in my home or damadge my car they turn my electrics off so my cctvv isnt On this is when am asleep talking my medication also im a singlje parent so am a easy target.

    alisonjones1

    February 5, 2015 at 10:22 pm


Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: