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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47420
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have recently failed a work capability assessment and have

Customer Question

I have recently failed a work capability assessment and have to go to the job centre to make a claim. I am a less able person and whilst I accept I have to seek work but in order to make a claim I have to walk up 2 flights of stairs which I am unable to and they do not have a lift? Therefore I'm am unable to go any further with my claim
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Is this the only job centre you can go to?
Customer: replied 1 year ago.
It's the closest, the others are a cab ride away
Expert:  Ben Jones replied 1 year ago.
Have you asked them to make arrangements to allow you to apply without having to go up the stairs?
Customer: replied 1 year ago.
Yes & the manager there was so rude and condescending, spoke loudly about my personal circumstance in front of the whole office. He booked me an appointment to attend again, I did so and I was told no one was available to see me and told that there's nothing that they can do if I cannot go up the stairs. I asked for the managers name, they refused to give me his last name as I would like to make a complaint about how he spoke to me and how he dealt with my situation they said it was against the policy.
Expert:  Ben Jones replied 1 year ago.
The JobCentre, as a service provider to the public, will have a duty not to treat disabled people less favourably. They will have to ensure their services are accessible to all, including those with disabilities. They should not treat disabled people less favourably and should also make reasonable adjustments to try and help those who will be disadvantaged, such as yourself. This could mean having a lift in place or arrangements for disabled people to be seen elsewhere, such as a ground floor or accessible room. If they refuse to make such adjustments they could be guilty of disability discrimination and you can complain about this and even sue them if necessary. This is your basic legal position. I have more detailed advice for you in terms of the ways you can complain or make a claim, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
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Customer: replied 1 year ago.
I have now left a rating, I would be so very grateful for your help as I'm exasperated & feel quite helpless.Thank you
Expert:  Ben Jones replied 1 year ago.
Thank you. Initially you need to formally complain to the specific centre with which you are unsatisfied. After that you can make an official complaint by calling 0345(###) ###-####This is what they say about the complaints procedure: “If we’ve made a mistake, we’ll put it right as soon as possible and apologise immediately. If you’ve experienced unfair treatment or suffered financially, we may consider making a special payment to you. If you’re not satisfied with our initial response, or we need to investigate further, you can ask for your complaint to go to a Complaint Resolution Manager. They will contact you, usually by phone, to talk about your complaint and agree how to investigate it. They will contact you again within 15 working days to tell you the outcome or when you can expect a response, if it will take longer. If the Complaint Resolution Manager doesn’t resolve your complaint, we’ll ask you if you want your complaint to go to a senior manager. If you agree, the senior manager will ask for an independent internal review of your complaint. They will contact you within 15 working days to tell you the outcome or when you can expect a response, if it will take longer.” If you’ve been through all our complaints stages, received our final response and still aren’t satisfied, you can ask the Independent Case Examiner (ICE) to look at your complaint. You must contact them within 6 months of getting our final response and send them a copy of it. The Independent Case Examiner can’t look at matters of law or government policy. They won’t look at benefit or maintenance decisions, for example, because you can appeal against these. If they accept your complaint, they will look at what happened and what we did about it. If they think we should have done more, they will ask us to put matters right. They will act as an impartial referee and you will not be charged for their service. If you don’t agree with the response from the Independent Case Examiner, you can ask your MP (or any other MP) to send your complaint to the Parliamentary and Health Service Ombudsman.
Customer: replied 1 year ago.
Thank I will do just that!
Expert:  Ben Jones replied 1 year ago.
Best of luck!

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