Fraud investigations in Social Security Scotland: FOI release
- Published
- 17 January 2025
- Topic
- Money and tax, Public sector
- FOI reference
- FOI/202400441375
- Date received
- 19 November 2024
- Date responded
- 11 December 2024
Information request and response under the Freedom of Information (Scotland) Act 2002.
Information requested
Request for information 1: The number of fraud investigation in each year since Social Security Scotland was created in 2018?
Request for information 2: The number of allegations of fraud in each year since Social Security Scotland was created in 2018?
Request for information 3: The number of allegations of fraud referred to prosecutors in each year since Social Security Scotland was created in 2018?
Request for information 4: The total claimed back from fraud – if fraud has been committed – since 2018?
Response
Requests for information 1, 3 and 4:
Allegations of fraud do not automatically become fraud investigation cases as research and assessment is carried out prior to tasking to an investigator. Social Security Scotland does not decide when fraud has been committed; that is for the justice system. Therefore, we do not classify a behaviour as fraud until conviction by the Crown Office Procurator Fiscal Service, or if the Crown Procurator Fiscal Service has decided on a non-court disposal as an alternative to prosecution.
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 prevent and detect fraud.
Established fraud risk management theory maintains that a threat actor’s decision to commit fraud is informed by their assessment of three main factors: motivation, rationalisation and opportunity. Part of the prevention approach is to restrict the information made available that would be indicative of capacity, capability, tactics and resources.
After careful consideration we have concluded that release of this data would prejudice the ability of Social Security Scotland to effectively carry out this function. 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, and to inform public debate. However, there is a
greater public interest in maintaining the Agency’s ability to prevent fraudulent activity and thus protecting the public purse from potentially increased loss.
You may, however, find the following information useful: Social Security Scotland Counter Fraud Strategy 2023-2026
Request for information 2:
While our aim is to provide information whenever possible, in this instance Social Security Scotland does not have some of the information you have requested. Information is not held for 2018 as Social Security Scotland’s Counter Fraud Branch was not established until 2019.
This is a formal notice under section 17(1) of FOISA that Social Security Scotland does not have the information you have requested.
Some of the information you have requested is available from the publications on our website.
Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website listed, then please contact me again and I will send you a paper copy.
Year |
Allegations of Fraud |
2024 (to 21 November) |
5,712 |
About FOI
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.
Contact
Please quote the FOI reference
Central Correspondence Unit
Email: contactus@gov.scot
Phone: 0300 244 4000
The Scottish Government
St Andrew's House
Regent Road
Edinburgh
EH1 3DG
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