The Social Security Information-sharing (Scotland) Amendment Regulations 2024: child rights and wellbeing impact assessment

CRWIA Stage 1 – Screening

Brief Summary

The Scottish Government is very much aware that Social Security Scotland supports some of the most vulnerable people in society.

Social Security Scotland’s charter outlines the commitment to refer a client to other organisations, services or forms of help where we believe they could help improve a client's wellbeing or financial circumstances.^[1] This is particularly important when we understand how some clients need extra support in order to safely and fairly access Social Security Scotland's services.

However, there may also be instances when Social Security Scotland's interaction with clients (or indeed other people that they come across in the course of dealing with a client) presents situations where it becomes apparent an individual may be at risk of harm. To adequately support people in this situation, Social Security Scotland must have clear and robust processes in place.

At this juncture it is important to make a distinction between cases where an individual may be at a non-emergency risk of harm and cases where there is an immediate risk to life. Where a situation is presented where a direct risk to life is identified, a clear course of action already exists - Social Security Scotland will make an immediate call to Police Scotland. The question arises therefore in relation to situations where Social Security Scotland believes an individual may be at risk of harm.

There are several bodies and organisations who can help with situations of perceived neglect or abuse. For example, in non-emergency situations, reporting someone who is believed to be at risk of domestic abuse to the relevant Local Authority is advised. For non-emergency situations where a child is believed to be at risk of harm it is recommended concerns be raised via contacting the appropriate Local Authority social work department. The mygov.scot website recommends immediate danger be reported to police; that 101 be called where it is believed a crime has been committed, and a report made to the Local Authority where there are suspicions of neglect or abuse.

Where a Local Authority has reason to believe someone may be at risk of harm, there are various potential duties to investigate. They can only do this if they are made aware of concerns.

The Adult Support and Protection (Scotland) Act 2007 is intended to protect adults who are unable to safeguard their own interests, placing a duty on councils to make investigations and enquiries when approached with details of an identified risk of harm.^[2] In 2014, the Scottish Government published a Code of Practice which provided guidance to specific public bodies (such as health boards and the fire service) on processes to refer safeguarding concerns to the Local Authority.^[3] As Social Security Scotland came into being as an executive agency of the Scottish Government on 1 September 2018, it was not covered by the 2007 Act or the 2014 Code of Practice for third parties.

To that end, the Scottish Government will make the Social Security Information-sharing (Scotland) Amendment Regulations 2024 which will provide Social Security Scotland with an explicit and bespoke legal gateway in Scottish social security legislation to make referrals relating to risk of harm to relevant Local Authority social services departments, and (where a client has a Power of Attorney or a Guardian in place to act for them) to the Office of the Public Guardian. Part of this work has involved engaging with policy and officials in the DG for Health and Social Care, the Mental Health and Social Care Directorate (now known as the Directorate for Social Care and National Care Service Development), and Directorate for Children and Families. As a result of this engagement, the then Directorate for Health and Social care, upon review of the Code of Practice for Adult Support and Protection in July 2022, added Social Security Scotland to the updated list of public services who may contribute to the protection of adults at risk, and who may have cause to refer concerns to the Local Authority.

The National Performance Framework measures and keeps track of how Scotland is performing. It aims to reduce inequalities and gives equal importance to economic, environmental and social progress. It sets out national outcomes, which describe the kind of country the Scottish Government aims to create. The Social Security Information-sharing (Scotland) Amendment Regulations 2024 will positively contribute to the following National Outcomes: ^[4]

• Children and Young People: We grow up loved, safe and respected so that we realise our full potential
• Communities: We live in communities that are inclusive, empowered, resilient and safe
• Health: We are healthy and active
• Poverty: We tackle poverty by sharing opportunities, wealth and power more equally

This CRWIA will continue to be monitored and updated as necessary when new data or information becomes available. Additionally, further impact assessments will be created relating to the operational considerations of this proposal. This impact assessment should be read in conjunction with the Business and Regulatory Impact Assessment (BRIA); Partial Island Community Impact Assessment (ICIA); Equality Impact Assessment (EQIA); and the Data Protection Impact Assessment (DPIA).

Start date of relevant proposal: November 2021

Start date of CRWIA process: March 2022 ^[5]

Which aspects of the relevant proposal currently affects or will affect children and young people up to the age of 18?

Where a non-emergency risk of harm is identified by Social Security Scotland, and it is deemed necessary and proportionate in the interests of safeguarding, data will be shared to relevant Local Authority social services departments, or (where a person has a Power of Attorney or a Guardian in place to act for them) to the Office of the Public Guardian. These regulations do not specify age, and therefore have scope to impact upon all children and young people who interact with Social Security Scotland in some capacity.

Which groups of children and young people are currently or will be affected by the relevant proposal?

This proposal has the potential to impact all children and young people who interact with Social Security Scotland in some capacity, whether directly or indirectly. For example, one benefit which is particularly relevant is Child Disability Payment. According to a high level statistics report, using data gained up until 31 March 2023, 30,975 Child Disability Payment applications were received, and of which 8,160 were aged 0-4; 13,110 were aged 5-10; 9,620 were aged 11-15; and 55 were aged 16-18.^[6] The Social Security Information-sharing (Scotland) Amendment Regulations 2024 therefore may have a significant positive impact on Children and young people who have a disability. However, in terms of direct impact, all children and young people will be safeguarded against risks of harm, regardless of their characteristics.

Declaration

Is a Stage 2 Children’s Rights and Wellbeing Impact Assessment required?

A CRWIA is required.