First-tier Tribunal for Scotland Social Security Chamber and Upper Tribunal for Scotland (Rules of Procedure)(Miscellaneous Amendment) Regulations 2022: child rights and wellbeing impact assessment

6. How have you consulted with relevant stakeholders, including involving children and young people in the development of the policy/measure?

A consultation was carried out by the Scottish Government's Chief Medical Officer on the statutory guidance that registered medical practitioners and registered nurses must follow when diagnosing an individual as terminally ill for social security purposes. Clinicians who will use the guidance and organisations who will support terminally ill clients took part in the managed (non-public) consultation. The version of the guidance that was consulted on included the section on withholding harmful information. There were no specific questions asked on the issue of withholding harmful information, but the issue drew little comment.

Scottish Ministers have consulted the President of the Scottish Tribunals in the making of the regulations that will give the First-tier Tribunal and Upper Tribunal a discretionary power to issue a direction prohibiting the disclosure of a document or information to a person if it will cause serious harm to the physical or mental health of the recipient or some other person. Members of the National Implementation Group on Terminal Illness were also consulted on this policy and they supported the introduction of measures to ensure that harmful information is not disclosed during an appeal.