“Subject to the provisions of this Act, a claimant is entitled to a [JSA] if he – (a) is available for employment; (b) has entered into a jobseeker’s agreement which remains in force; (c) is actively seeking employment…”
“For the purposes of this Act, a person is actively seeking employment in any week if he takes in that week such steps as he can reasonably be expected to have to take in order to have the best prospects of securing employment.”
“For the purposes of section 7(1) (actively seeking employment) a person shall be expected to have to take more than two steps in any week unless taking one or two steps is all that is reasonable for that person to do in that week.”
“‘The Enterprise, Skills and Enterprise Scheme’ [‘the ESE Scheme’] means a scheme within section 17A (schemes for assisting persons to obtain employment: ‘work for your benefit’ schemes etc) of the [1995] Act known by that name and provided pursuant to arrangements made by the Secretary of State that is designed to assist claimants to obtain employment or self-employment, and which may include for any individual work-related activity (including work experience or job search).”
“The schemes described in the following paragraphs are prescribed for the purposes of section 17A(1)… of the [1995] Act.”
“The Work Programme is a scheme designed to assist a claimant at risk of becoming long-term unemployed in which, for a period of up to 2 years, the claimant is given such support as the provider of the Work Programme considers appropriate and reasonable in the claimant’s circumstances, subject to minimum levels of support published by the provider, to assist the claimant obtain and sustain employment which may include work search support, provision of skills training and work placements for the benefit of the community.”
“Skills Conditionality is a scheme comprising training or other activity designed to assist a claimant to obtain skills needed to obtain employment.”
“Smith (CA)”). In dismissing the appeal, Underhill LJ (with whom Richards and Briggs LJ agreed), said this: “25. In my view the [MWAS] Regulations do prescribe a description of the [MWA] Scheme within the meaning of section 17A(1). On a natural reading of the phrase ‘prescribed description’ seems to me to connote no more than an indication of the character of the scheme provided for, such as a scheme in which the claimant was required to undergo training or education or to work with a mentor, or – as here – to do work or work-related activity. I see nothing in the scheme of sections 17A and 17B to suggest that Parliament intended that the Regulations should go into any further detail. If that had been the intention I would have expected that section (or section 17B) to specify the particular matters which they were intended to cover. 26. It is in fact in my view reasonably clear that Parliament did not go down that path because it recognised the need for the schemes which were to be provided to allow for considerable flexibility in their application to particular groups of claimants…. 27. Mr Smith contended that a construction of section 17A(1) which allows regulations to be made with so little detail as to the work to be done would contravene the principle of legal certainty, to which Lord Neuberger and Lord Toulson refer at [47] of their judgment. I do not accept this. It is necessary to distinguish the different questions which a claimant might ask when presented with a requirement to participate in what is said to be an MWA Scheme. It is of course of the first importance that he should know with specificity what he was being required to do; but that is achieved by the notice provisions in regulation 4, and in particular by paragraph (2)(d), under which he must be given notice in writing ‘details of what [he] is required to do by way of participation in the scheme’ (as to this, cf the observations of Lord Neuberger and Lord Toulson at [51] of their judgment). Secondly, he might legitimately want to know whether that requirement fell within the terms of the Regulations, but that question will be answerable by reference to the definition in regulation 2(1): it will fall within the scheme if it constitutes ‘work or work-related activity’ and the prescribed period of participation is not exceeded. I see no uncertainty there: the fact that the description is wide does not mean that it is uncertain. Thirdly, there is the question whether the Regulations providing for such a scheme fall within the scope of the powers given by section 17A. As to that, once it is decided, as I would decide, that section 17A allows for regulations to be made which describe a scheme in such general terms, there is again no problem of uncertainty…”
“31. Skills Conditionality policy plays a pivotal role in integrating employment and skills support delivered by Government (skills being the responsibility of the Department of Business, Innovation and Skills). The aim is to identify and address barriers preventing benefit claimants achieving their job goals as early as possible; and to get claimants to think beyond immediate job goals by encouraging work-related learning or training. 32. The primary role of Jobcentre Plus is to screen claimants for possible skills needs, which is done as part of a jobseeker’s work-focused interview. DWP has issued internal guidance to Jobcentre Plus advisers setting out administrative processes and what factors should be considered when making Skills Conditionality referral. The section on skills screening is introduced as follows: Conducting Skills Screening Jobcentre Plus 13. Explain the importance of skills, including reading, numeracy and language in finding and sustaining work; and that help is available if needed. 14. Be aware that claimants may feel uncomfortable discussing educational ability. 15. Advisers should: • Undertake Skills Screening whilst gathering skills information in relation to the claimant’s job goals; • Use evidence gathered through screening to make informed decisions on the appropriate action required to help the claimant find work and to develop the [jobseeker’s agreement] or Action Plan. 33. Work-focused interviews are a chance for the claimant and Jobcentre adviser to talk about any barriers to work, including skills gaps. Where an adviser believes a referral to training or another scheme may be appropriate, the claimant has the opportunity to discuss this. It is in the interests of the clamant to engage fully with the adviser. 34. While staff guidance is not in the public domain, on28 November 2013 the DWP published ‘Jobseeker’s Allowance Back to Work Schemes’ on www.gov.uk, a guide to the different schemes and what is expected from participants. This guide contains information on a wide range of DWP schemes designed to develop a jobseeker’s skills and work experience, including Skills Conditionality. Jobcentre Plus advisers provide an overview of back-to-work schemes at the New Jobseeker Interview at the start of a claim. Claimants are directed to read the online guide and told to come back to their adviser if they have any queries. 35. In brief, where evidence gathered at a claimant’s work-focused interview suggests there may be a clear skills need which is a barrier to keeping them from moving into work, the claimant is referred on a mandatory basis to an appropriate local training provider for an initial provider interview for further assessment. The training provider then confirms whether training would be suitable and if a fully-funded place is available. The ‘Skills Conditionality Toolkit’ issued to training providers by the Skills Finding Agency in preparation for Skills Conditionality roll-out in 2011, states: ‘8. Individuals are mandated first to the initial skills assessment by Jobcentre Plus and then mandated a second time to attend the provision. Before an individual can be mandated to attend provision, the college or training organisation must confirm to Jobcentre Plus that they have a suitable fully-funded place available. Providers do not have the power to mandate individuals – this is done by Jobcentre Plus.’ 36. The SAPOE Regulations require that appropriate notifications are issued to claimants upon referral. The two [SC Scheme] letters relevant to Mrs Smith’s case, which are handed to claimants during the preliminary discussion with a Jobcentre adviser, are (i) Notice of mandatory referral to a skills assessment interview with a training provider or National Careers Service (letter SC02); and (ii) Notice of mandatory referral to start training following an earlier skills assessment (letter SC04).”
“This referral is a mandatory skills conditionality referral and must be made at the [WPCI] or when the claimant joins MIR.”
“About this agreement This agreement sets out my availability for work and the things I need to do each week to actively seek work. I understand looking for work often and in the right way improves my chances of finding work quickly. I know it will be reviewed regularly and that I or an adviser can ask to change this agreement at any time. My responsibilities I know I must do everything I can to • find work • improve my chances of finding work and • overcome things that might be making it harder for me to look for and get a job. I know I must • actively see work by doing at least things a week (emphasis added) • show I have been actively seeking work every week, everytime I attend the Jobcentre • be available for work for the hours I have set out in this agreement • apply for all jobs that Jobcentre Plus tells me to apply for. I know I may lose my [JSA] if I • do not actively seek work each week • am able to show I have been actively seeking work each week • am not available for work for the hours stated in this agreement • refuse, or fail to apply for, or do not accept a job that I am capable of doing, including one that I have been told about by Jobcentre Plus • do anything that reduces my chances of getting work • do not attend the Jobcentre when asked to do so. … My rights I know if there is any doubt about my benefit claim or disagreement about my jobseeker’s agreement, my case may be sent to a decision-maker, which could result in the loss of my [JSA]. If this happens I will be told. If I am not satisfied with the decision I can ask for it to be explained or reconsidered or I can appeal to an independent appeals tribunal. …”
“I know I must… actively seek work by doing at least 3 things a week.”
“Motivated and able to apply for jobs – has updated cv and good letters to go with it. Applies for around 15 jobs each week. Wants admin – only the length of time since last employment is going against her. Has taken part in supergreen sessions. Lives with husband private rental no children. Has done everything she ahs been asked of in terms of applications and job search had some interviews but no offers yet. Customer has registered with universal job match but has not given dwp to have permission to look at her account. Customer had had several interviews in last few months. Customer feels that her interviews go well but people with more relevant experience get the roles.” ”
“How can the appointment help me? Now you have completed your time on the Work Programme, your personal adviser will assess the support you will need, based on your needs and skills, to help you find work and stay in suitable work. What is the appointment about? The interview is to talk about the steps you are taking to look for and prepare for work and the help you may still need to improve your chances of success. As part of this, your personal adviser will: • talk to you about jobs, training and other ways of helping you back to work; • answer any questions you might have about looking for work; • look at your jobseeker’s agreement to see if it is still relevant; and • tell you about the help you may be able to get when you find work. … ”
“I will attend Getting that Job course at TCAT on Monday 12 August at 9am for 2 weeks.”
“… I am sorry that you feel this referral is inappropriate, and I would like to clarify the reasoning behind making the referral as well as the relevant [JSA] regulation which covers Skills Conditionality referrals. The adviser who spoke to you on 16 July identified that the support offered through the Getting that Job provision will improve your chances of getting employment. In addition it will provide an opportunity for you to identify and address any occupationally related skill needs that may have affected your ability to gain employment during your time on the Work Programme and your period on benefit immediately prior to that. This decision to refer to the provision was based upon the discussion which took place between yourself and the adviser, and that you do not have any recorded work history since1 July 2005 . Skills Conditionality relates to the process whereby [JSA] claimants who have a skills need which is the main barrier preventing them moving into work are referred to training provision to address that need. As part of the Skills Conditionality offer a claimant can access provision comprising training or other activity designed to assist them to obtain the skills needed to gain employment, or to help them prepare for or keep work. The type of training and length of course will depend on their individual needs. For a claimant without a recent work history, a referral to Getting that Job provision and subsequent weekly interventions with their adviser is the most appropriate course of action to overcome any specific barriers to employment.”
“Skills Conditionality relies upon an initial assessment to determine whether remedial training is appropriate. If a claimant’s lack of skills is obvious, skills screening can be done by the Jobcentre adviser. In Mrs Smith’s case, who did not lack relevant skills in other areas, an independent assessment was preferable. Unfortunately, an error by the Jobcentre led to her being referred to a training course without having first attended an initial skills assessment with the training provider.”
“As part of the [SC] Scheme, we have arranged for you to attend Getting that Job training with TCAT. Your participation in the [SC] Scheme will start on the same date as your training which is detailed below: You training starts on 18/11/13 at 9.00am. You should report to [the Main Reception at Telford College]. The training is expected to end on 29/11/13.”
“I determine that if Mrs Jane Smith were to comply with the proposed variation of the jobseeker’s agreement dated 15.12.2007 she would satisfy the condition that she is actively seeking employment and it would be reasonable to expect Mrs Smith to comply with the terms of the proposed variation of the jobseeker’s agreement. I direct that the jobseeker’s agreement should be varied and that the terms of the variation are to be those proposed by Mrs Smith on 15.12.2007.”
“… imposing on claimants in prescribed circumstances a requirement to participate in schemes of any prescribed description that are designed to assist them to obtain employment.”
“Skills Conditionality is a scheme comprising training or other activity designed to assist a claimant to obtain skills needed to obtain employment.”
“In our opinion, there was a failure to comply with regulation 4(2)(c). The [relevant letter] merely informed Mr Wilson that he had to perform ‘any activities’ requested of him by [the work provider’, without giving him any idea of the likely nature of the tasks, the hours of work, or the place or places of work. It seems to us, therefore, that the letter failed to give Mr Wilson ‘details of what [he was] required to do by way of participation’.”
“Again, it is necessary to balance practicality, in the form of the need for the Secretary of State and his agents for flexibility, against the need to comply with the statutory requirement, which was plainly included to ensure that the recipient of any such letter should have some idea where he or she stood. A requirement as general and unspecific as one which stipulates that the recipient must ‘complete any activities that [the work provider] asks you to do’, coupled with the information that the course will last about six months falls some way short of what is required by the words of regulation 4(2)(c), even bearing in mind the need for practicality.”
“For the purposes of this Act, a person is actively seeking employment in any week if he takes in that week such steps as he can reasonably be expected to have to take in order to have the best prospects of securing employment.”
“For the purposes of section 7(1) (actively seeking employment) a person shall be expected to have to take more than two steps in any week unless taking one or two steps is all that is reasonable for that person to do in that week.”
“Fairness therefore requires that a claimant should have access to such information about the scheme as he or she may need to make informed and meaningful representations to the decision-maker before a decision is made. Such claimants are likely to vary considerably in their levels of education and ability to express themselves in an interview at a Jobcentre at a time when they may be under considerable stress. The principle does not depend on the categorisation of Secretary of State’s decision to introduce a particular scheme under statutory powers as a policy: it arises as a matter of fairness from the Secretary of State’s proposal to invoke a statutory power in a way which will or may involve a requirement to perform work and which may have serious consequences on a claimant’s ability to meet his or her living needs.”