- 9 Mar 2020
Date received: 3 Feb 2020
Date responded: 28 Feb 2020
You asked us to provide answers to the following questions:
- How will an adult on PIP or DLA move onto the Scottish regime?
- What will the rates of benefit be for these disabled members of the community?
- Will the Scottish regime accept and pay for a report if the person attends a private Dr?
- Can you release any guidance in relation to assessing adults for disability Inc forms for clinicians to do?
- How much are they getting paid per report?
- Can an applicant decline to be assessed whilst being voice recorded as they don't want highly sensitive information recorded?
Please find attached the answers to the questions that you requested. While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because exemptions under section s.29(1)(a) (formulation of policy) and s.30(b) (free and frank discussion and advice) of FOISA apply to that information. The reasons why these exemptions apply is explained in the Annex to this letter.
REASONS FOR NOT PROVIDING INFORMATION
An exemption applies
An exemption under section s.29(1)(a) (formulation of policy) of FOISA applies to some of the information you have requested. This exemption applies to information regarding policy development of the assessment of adults for disability assistance.
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.
An exemption under section 30(b) of FOISA (free and frank exchange of views and provision of advice) applies to some of the information you have requested. This exemption applies to information related to the development of the assessment of adults for disability assistance because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views. This recognises the need for officials to have a private space in which to conduct frank discussion.
This exemption is subject to the ‘public interest test’. 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 recognise that there is some public interest in release as part of open, transparent and accountable government, and to inform public debate. However, this is outweighed by the public interest in allowing a private space within which officials can have full and frank discussions. Premature disclosure of the content of guidance related to social security benefits will substantially inhibit the free and frank discussion in the future, particularly as these discussions relate to a sensitive issue.
The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.
Please quote the FOI reference
Central Enquiry Unit
Phone: 0300 244 4000
The Scottish Government
St Andrews House