ATOS, Capita, PIP… and some persistent FOI requests

An article in the current Private Eye Magazine has drawn our attention to the use that disability campaigner John Slater is making of our Freedom of Information service WhatDoTheyKnow.com.

In December 2016, Mr Slater asked the Department for Work and Pensions (DWP) to release the monthly “management information reports” received from contractors ATOS and Capita in relation to their work assessing eligibility for Personal Independence Payment benefits.

Mr Slater has pursued his request for over a year, and wasn’t put off by an initial response which stated that the information requested wasn’t held, nor a subsequent response refusing to release the material citing the contractors’ “commercial interests”.

In December 2017, a year after Mr Slater made his request, the Information Commissioner ordered the DWP to release the material, stating “The Commissioner has not been satisfied that disclosing the withheld information would be likely to damage the commercial standing of ATOS and Capita”. The Information Commissioner dismissed the DWP’s concerns that the information requested could be “misinterpreted in ways that could lead to reputational damage to both the Department and the PIP Providers as well as prejudice the efficient conduct of public affairs”.

The Information Commissioner’s decision notice was highly critical of the way the DWP had handled the case, noting the use of “standard paragraphs” rather than a discussion of the public interest tailored to the material in question, and DWP failing to engage promptly with the Information Commissioner, thus causing further delay.

The DWP have not yet complied with the Information Commissioner’s decision; they have appealed and a tribunal hearing is scheduled for April 2018.

This request is far from the only one showing Mr Slater’s persistence in pursuing the release of information held by the Department for Work and Pensions.

A request for Project Assessment Review Reports for the Universal Credit Programme that Mr Slater made in April 2016 was initially accepted and the department said they were considering it. Mr Slater chased up the lack of a response in June, and again in August and September, but when, six months after his original request, Mr Slater chased them again in October they deemed his persistence to be vexatious and rejected the request.

That request has now been further rejected by the DWP, who say that the information “if released would, or would be likely to, prejudice the free and frank provision of advice or which would otherwise, or would be likely otherwise to, prejudice the effective conduct of public affairs.”

Mr Slater has referred that decision to the Information Commissioner too.

On the 5th of December 2017, Debbie Abrahams MP, the Shadow Secretary of State for Work and Pensions, deployed the Parliamentary procedure of a motion for “an humble Address be presented to Her Majesty” to seek the release of the documents to the Work and Pensions Committee. MPs agreed the motion unanimously.

The committee are currently in correspondence with the Government over redaction, and arrangements for access to the material.

The committee chair, Frank Field MP, has suggested that:

A couple of copies would be made. These copies will be kept securely and members would be invited to come to the Committee office to read them. No-one else, other than the committee members, will be invited to make this journey to our Committee office and members will not be able to make copies, or take notes, about the documents.

– so despite the decision by the House of Commons the public still might not get to see the material via that route.

Mr Slater has been in touch with us and told us he finds the service provided by WhatDoTheyKnow extremely helpful when submitting and managing FOI requests.

He said that the ease of submitting requests and built in workflow that keeps track of time, reminding users that a response should have been issued, is invaluable. He also likes that a single platform exists where information obtained by its users is made available for everyone, as that embodies the spirit of the Freedom of Information Act.


Image: John-Mark Kuznietsov (Unsplash)

Leave a Reply

Your email address will not be published. Required fields are marked *