Open letter to Government Legal Department
From 2015 onwards, DWP has contacted me by phone on numerous occasions despite my multiple requests that they refrain from doing so.
From 2015 till 2017:
- I previously quoted the Data Protection Act to try and get phone calls to stop. DWP said they would remove my phone number and stop phone calls, yet the phone calls continued.
- I then quoted the Data Protection Act in conjunction with the Equality Act whilst offering DWP a supporting letter from my GP citing supporting reasons in respect of my mental health as to why phone calls should stop. DWP responded that they did not need the letter from my GP and stated phone calls would stop, however the phone calls continued.
- I then proceeded to request DWP stop contacting me by phone and relied on the Data Protection Act, Equality Act and Protection from Harassment Act. DWP said they would stop phone calls, however the phone calls continued.
Despite quoting the 3 legislations above in addition to offering a letter from my GP, DWP continued to phone me. In particular, one phone call made on 3rd October 2017 was a data breach as private information was divulged to my father (despite him answering all the security questions wrong)
Phone calls have continued from 2015 up until August 2023 being the last time DWP called me (so far), both phone calls made within a week and both phone calls were made in order to discuss my complaint about not wanting phone calls.
In light of the above, I decided to start a court claim against DWP. Clearly, DWP have been disregarding my requests, discriminating against my mental health and repeatedly failing to adhere to Data Protection Act (previously) then GDPR, Equality Act and Protection From Harassment Act.
Despte my offering of a letter from my GP in support of my request to not have phone calls, DWP and Government Legal Department attempted to claim that my legal action was “de minimis”, or, in other words my legal action in respect of the phone call was trivial.
I consider the claim by DWP and Government Legal Department that my claim was trivial to be discrimination. Had my claim been trivial, I would not have had a supporting letter from my GP. Whilst I can appreciate that a random unsolicitied telemarketing call could be considered to be trivial, the fact that both DWP and Government Legal Department consider their repeated non adherence to legislation is trivial shows that they have both disregarded my mental health and the previous supporting letter from my GP.
DWP and Goverment Legal Department then successfully struck out my claim under the Equality Act and Protection from Harassment Act.
I managed to argue their striking out of my claim on the basis that it was trivial.
Essentially, both DWP and Government Legal Department seem to be quite happy in allowing a vulnerable person to endure several years of discrimination and harassment, and when the vulnerable person decides to take court action, the Government Legal Department (in my opinion) made false submissions to the court. The false submissions were – Equality Act and Protection From Harassment Act – statute of limitations.
