Is this harassment?

SLK

I am writing on behalf of my mum as I am dealing with everything as she is very unwell.

She has bipolar, agoraphobia and severe anxiety.

In Nov 25 UC requested a review, she had already had one just under a year previously to this request although they didnt ask for bank statements prior this time. I explained she was in a severe depressive episode and I was waiting for her GP, they postponed it for 2 days and when I stated she wouldn't be well enough they rang anyway. It wasn't answered, her doctor came and issued a 3 month fit note. UC stated the review was on hold and they went quiet until Jan. They have messaged every other day asking for me to take the call which I refuse as this is the only normality she has, she is just unwell and can't do it at the moment. They are continuing to hound her journal. I have stopped mentioning it to her as it makes her worse and she ends up just saying let them close it ive had enough, we had a family death beginning of Jan so that has severely set her back and this has been explained to them too. Her fit note doesn't run out until 24th Feb. I have written a complaint now to them and sent it off but surely this isn't right and against the Equality act?

Thanks for looking

Ross1975

What they're doing isn't right at all. If you contact Citizens Advice they might be able to help.

Holly_Scope

Hi @SLK firstly, I wanted to say how sorry I am that your Mum has been suffering and appreciate the anxiety of a UC review only adds to this. It's completely understandable why you want to shield her from having to take part in this when she's not feeling well.

Would you consider perhaps stepping in as her power of attorney for a short period? This can be done for health and welfare which should enable you to liaise with DWP on your Mum's behalf. You can apply for this on the Government website.

SLK

https://forum.scope.org.uk/discussion/comment/1098738#Comment_1098738

I'd rather not. Her claim is pretty much the only normality she has that she manages herself. Meds, doctors etc is all done by me and her carer. She hates that but due to past attempts etc she isn't allowed even when well because she can rapid cycle quickly. When shes well she is more than capable, its just the end of last year and now this year has hit hard and she is in a major depressive episode, worst ive seen for a long time.

I just think what they're doing is bang out of order and not just affecting her now it is stressing me out everytime I see their notification text. I am terrified that if I say the wrong thing they will sanction her.

She literally doesn't leave the house, I can't get her to hospital appointments, opticians, doctors etc because she wont leave so what in the hell do they think has changed. It is ridiculous and the fact she has a fit note is even worse. I'm dreading it because I genuinely think they will give her another in Feb as I really don't think she will be out of this episode by then.

SLK

I will ring them on Monday, thank you

MW123

@SLK

You don’t need Power of Attorney for DWP to speak to you about your mum’s Universal Credit. LPA is a long legal process and it isn’t meant for situations like this. It also requires the person to have full mental capacity when signing, which isn’t realistic during a severe episode of mental health crisis. So it simply wouldn’t be appropriate here.

DWP already has a simpler route for situations where someone can’t manage their claim because of illness or disability. That is an appointeeship, and it can be put in place temporarily and ended once the person is well again. It’s the correct mechanism when someone is too unwell to deal with the claim themselves.

If UC staff are still repeatedly contacting your mum despite being told about her mental health conditions, they may not be meeting their duty to make reasonable adjustments under the Equality Act.

Your mum is disabled under the Equality Act 2010 and is currently unwell with bipolar disorder, severe anxiety and agoraphobia. She has a fit note until 24 February, and the constant calls and messages are making her health worse.

If it were me, I would be asking for reasonable adjustments at this point. Written communication only and pausing the review until she is medically able to take part are both entirely reasonable.

Putting that request in writing on her journal means they cannot say they weren’t told, and it gives you a clear record if you need to escalate it later.

SLK

https://forum.scope.org.uk/discussion/comment/1098828#Comment_1098828

SLK

@MW123

The first message I sent in November I asked for reasonable adjustments to be made given the circumstances but they have just glazed over it and not done the request.

I have completely ignored the last message yesterday asking me to ask her if I can talk for her. I have said it numerous times that is her only normality and she is in no fit state to give the consent anyway.

MW123

@SLK

When you asked for reasonable adjustments back in November, did you actually mention that you were requesting reasonable adjustments under the Equality Act 2010?

The wording really does matter. If you just ask, they treat it like an ordinary message and often ignore it, which is exactly what they’re doing to your mother at the moment. That’s why I was wondering what wording was used when it was first requested.

But the moment you say ‘reasonable adjustments under the Equality Act 2010’, it becomes a formal legal request they are required to record, consider properly and act on. If they don’t follow that process, they’re not meeting their legal duties.

SLK

@MW123

No I didn't, I will put it in now. Ive ignored her this time so instead of answering shall I just ask for the reasonable adjustments under the Equality Act 2010?. I also want to make it clear that I am not speaking for her because taking that away from her will make her worse and I would appreciate if they waited until the end of the fit note to try and sort this given she is well by then

MW123

@SLK

You have to do what feels right for your mum, and from what you have said it’s clear you are already doing everything you can for her. If I were in your position, I would be focusing on giving her the space she needs to recover above anything else right now.

She is clearly too unwell to deal with any of this, and switching the contact to you will not protect her from the worry. The DWP’s questions will still cause her the same level of anxiety, regardless of who is speaking on her behalf. Her recovery really does need to be the priority.

I would explain to the DWP that the process needs to be paused until she is well enough to cope, and make it clear that you are requesting this as a reasonable adjustment under the Equality Act 2010. They should then evaluate your request properly, along with any other adjustments she needs.

JessieJ

To get this review out of the way, wouldn't it be better for you to do it on her behalf this once. Then both of you can relax, as the pressure will be off & your mother can concentrate on herself.

I had a review & it completed in March. In November, I had notification I would be getting a call 17th December & also, I would be having another review, with bank statements to be sent. 12 messages & 3 calls, review completed 21st December. Apparently, reviews can be done 6 months after one.

SLK

@JessieJ

It isn't about me doing the review for her. It is the principal of it all, she is unwell, her claim is the only normality she has and I refuse to take it away from her as everything else has been taken out of her hands, it is the one thing she manages herself.

She is just in a really unwell place and it just happens that its fallen during this time. She completed her own review perfectly fine the year before.

They haven't requested bank statements, id etc like the last one prior they're just banging on about this call, maybe they would ask on the call, I don't know. If I wasnt responding they wouldn't be talking to anyone because she wont even look at her phone, she is dealing with this and the death of her brother. I am also grieving but have to keep going. It is just an unfair tactic and creates more stress to an already vulnerable person and it should not be allowed.

SLK

@MW123

Does this sound ok?.

My mum managing her own Universal Credit claim is the only remaining area of normality she currently has. Everything else in her life is significantly impacted by her illness. Transferring communication to me would remove that final sense of control, stability, and dignity.

She is currently experiencing a severe mental health episode alongside recent bereavement. This review has unfortunately coincided with that period. When she is well, she has previously completed her own claim review without issue, including exactly a year prior to this request.

I asked mum once this afternoon, carefully, whether she would consent to me speaking on her behalf. That discussion has caused significant distress, and she has clearly and explicitly said no. Given her current mental state, I will not raise this again as it is harmful.

I am therefore reiterating my request, as a reasonable adjustment under the Equality Act 2010, that the review process and any related contact be paused entirely until she is medically well enough to engage herself. A fit note remains in place until 24 February and there have been no changes to her circumstances.

I have raised a formal complaint so this can be reviewed appropriately.

Please confirm that no further contact regarding consent or review calls will be made until she is well enough to participate herself.

MW123

@SLK

That is excellent. You’ve clearly explained the medical reason why you cannot simply take over the claim, and highlighting that this is her ‘only normality’ shows them that becoming her appointee would actually be detrimental to her mental health rather than helpful.

By stating that you asked her today and it caused ‘significant distress’, you’ve created a clear record that their current approach is harming a vulnerable claimant and shown why the process needs to be paused.

You have used the correct Equality Act terminology, and you have been firm that you will not be asking her again.

Post that into the Journal exactly as you’ve written it. You are doing a brilliant job advocating for her in very difficult circumstances. Do take care of yourself as well as your mum, and please accept my sincere condolences on the loss of your uncle.

SLK

@MW123

Thank you so much for your help