Social Security Scotland and adult disability payment process review: FOI release

Information requested

On June 27, 2023, Shirley-Anne Somerville in the Scottish Parliament (https://www.theyworkforyou.com/sp/?id=2023-06-27.3.0) said:

“There is an end-to-end process review being undertaken, and some procedures have already been put in place” with regards Social Security Scotland and adult disability payment.

Request for Information 1: Was this process review undertaken by external consultants?

Request for Information 2: If so, how much was paid to these external consultants for this work?

Request for Information 3: Have external consultants been engaged to undertake other work for Social Security Scotland?

Request for Information 4: Would this sort of external consultancy work come under the type of discretionary spend that is now on hold under the government's emergency spending controls?

Request for Information 5: Can you provide sight of the report mentioned by Shirley-Anne Somerville?

Response

Request for Information 1:

The review was undertaken by colleagues within Social Security Directorate and Social Security Scotland supported with input from external consultants.

Request for Information 2:

A total of £353,336 was paid to the external consultancy.

Request for Information 3:

Social Security Directorate in the Scottish Government procured and supported the consultancy arrangements referred to above.

In answer to the question, separately, yes as an Executive Agency of the Scottish Government Social Security Scotland have their own process of procurement which follows their procurement policy and the Scottish Government commercial framework to ensure the best value for the public purse.

Request for Information 4:

These arrangements pre-date the spend controls that are currently in place.

Under the Scottish Governments current spending controls, only essential and unavoidable spend will be considered. If spend is considered to be non-essential discretionary expenditure, it will not take place.

Request for Information 5:

An exemption under section 30(b)(ii) of FOISA (free and frank provision of advice) applies to the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice. This exemption recognises, the need for civil servants to have a private space within which to provide free and frank views to the Scottish Government and any Consultancy working on their behalf. The need for Social Security Scotland to receive free and frank provision of advice from Consultancy companies that reflect the Consultancy’s opinion on services Social Security Scotland manage.

These both help inform Social Security Scotland before the organisation reaches a settled public view. Disclosing the content of free and frank advice on Adult Disability Payment processing will substantially inhibit the provision of such advice in the future, particularly because, staff may be unlikely to contribute openly and honestly to future reports and therefore jeopardise the effectiveness of such work. It risks the free and frank perspective provided by an external Consultancy company to Social Security Scotland to help improve our services.

This exemption is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. We recognise that there is a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, there is a greater public interest in allowing a private space within which Social Security Scotland can receive free and frank advice from an external consultancy, as part of the process of exploring and refining the Government’s current and future position on Adult Disability Payment processing. The private sharing of views is essential to enable all options to be properly considered, based on the best available advice, so that good decisions can be taken and implemented. Disclosure is likely to undermine the full and frank discussion of issues, which in turn will undermine the quality of the future decision making processes. This would not be in the public interest.

An exemption under section 30(c) of FOISA (prejudice to effective conduct of public affairs) applies to the information requested. Disclosing this information would substantially prejudice our ability to carry out our disability benefits because, it would damage our relationship with other organisations we rely upon to process our benefits. This would constitute substantial prejudice to the effective conduct of public affairs in terms of the exemption.

This exemption is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. We recognise that there is a public interest in disclosing information as part of open, transparent and accountable government. However, there is a greater public interest in protecting the process of paying disability payments to the people of Scotland and ensuring that the Scottish Government is able to conduct this aspect of its business effectively.

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The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.