Social Security experience panels: appointees - report
Outlines the Social Security Experience Panels' experiences of the appointee process and how this should work for Social Security Scotland’s clients.
Experience of the current appointee system
The first part of the survey looked at respondents' previous experience of acting as an appointee. 31 per cent of respondents had experience of being an appointee, either currently or in the past.
| Response options (select one) | % |
|---|---|
| Currently an appointee | 22 |
| Have been an appointee in the past | 9 |
| Never been an appointee | 67 |
| Prefer not to say | 2 |
Among those who said they had experience of being an appointee, four in ten (41 per cent) said that they were an appointee for their child, and a third (34 per cent) were an appointee for "another family member" (other than those listed in table 2).
| Response options (select one) | % |
|---|---|
| My child | 41% |
| Another family member | 34% |
| A spouse or partner | 15% |
| A friend | 5% |
| A client/ I was an appointee in a professional capacity | 3% |
| Someone else | 2% |
Respondents said that they acted as appointees to support a disabled child, an adult family member, or another adult who lacks capacity to manage their benefits. Respondents described a range of disabilities and long term health conditions that had caused the requirement for an appointee. These include learning disabilities, a range of neurological conditions, mental health conditions, terminal illnesses and the effects of old age. Dementia was frequently cited as a reason.
"Mum had dementia […] so when we claimed AA for her […] it was actually a helpful DWP officer who suggested it would be more appropriate to start off the new claim as appointee rather than have to switch later on - good advice!"
Respondents were asked whether they had past experience of someone acting on their behalf. Almost two in five (38 per cent) respondents said that they had experience of a third party acting on their behalf. More than one in ten (12 per cent) said that they had experience of an advocate acting on their behalf.
| Response options (select all that apply) | % |
|---|---|
| A third party | 38% |
| An advocate | 12% |
| An appointee | 5% |
| A Power of Attorney | 1% |
Overall, most respondents felt that the person or organisation who acted on their behalf were able to help with some or all of the areas they needed support with.
A number of respondents highlighted limitations in what the person or organisation were able to do for them, either due to resource limitations, or due to restrictions in what DWP would allow. In particular this was highlighted as being an issue around assessments and the appeals process. Others suggested that it was difficult to put in place arrangements with DWP for someone to act on their behalf with regard to their benefits.
"They were told they could not act or speak on my behalf."
"I would have liked to have someone I could talk things through with rather than just someone who did things on my behalf. I did not "lack capacity" in the normal understanding of that term...but I lacked the emotional energy to deal with any of the process/system and the lack of income."
"As third party it was difficult getting permissions. Much easier as appointee. Great system."
A small number of respondents described incidents where they felt they had been misrepresented by an organisation or legal representative who they had trusted to act for them, and felt that they had lost benefits that they should have been entitled to because of this.
Some respondents also said that setting up an appointee arrangement had been difficult.
"It was difficult to actually access benefits initially, particularly via telephone. Felt I had to jump through hoops just to be able to access things for the family member I was helping (took 5 weeks to be sent a form) I believe this was to 'stall' the process."
Among those who had an advocate or third party act of their behalf (not as an appointee), responses were very mixed as to whether the person or organisation was able to do everything they needed help with. The experiences described ranged from having someone checking over a completed application, through to being supported or guided through the whole application, assessment and appeals process. Many highlighted positive experiences of this.
"They were able to explain, support and guide me through the necessary benefits and paperwork/forms when I was not in a position to do so myself."
"They sorted matters out & helped me understand. They managed better than l ever would have to get matters sorted."
However, a number of respondents highlighted limitations in organisational capacity or an individual staff member's ability to help.
"In most instances whoever I have asked to help has been able to support me. I've either had to write giving permission or give verbal consent. When I have not been able to do this they have been able to get very little help from DWP."
Some said that the fact that the person or organisation was unable to speak for them was a barrier to getting the support they felt they needed. In particular, people said that the person there to support them at tribunal stage had not spoken up for them, or in support of them.
"They were unable to speak up for me or interject and query decision making."
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