Briefings and correspondence on the Two Child Benefit Cap: FOI release

Information requested

1. A copy of all briefing material created for the Cabinet Secretary for Social Justice on the Two Child Benefit Cap since the UK Government announced last Wednesday (26th November) that it would remove the Two Child Benefit cap.

2. A copy of all briefing material created for the First Minister on the Two Child Benefit Cap since the UK Government announced last Wednesday (26th November) that it would remove the Two Child Benefit cap.

3. A copy of any correspondence sent from the Cabinet Secretary for Social Justice or the relevant Scottish Government Department to the relevant UK Government department regarding the UK Government’s decision to remove the two-child benefit cap. (Please also include any reply received from the UK Government).

Response

I enclose a copy of some of the information you requested.

Section 29(1)(a) - formulation of Scottish Administration policy

An exemption under section 29(1)(a) (formulation of Scottish Administration policy of FOISA applies to some of the information you have requested. This exemption applies as formulation and development of the policy to mitigate the two-child cap in relation to the child element of Universal Credit was, and continues to be ongoing.

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 some public interest in release because the policy to mitigate the two child cap in relation to the child element of Universal Credit is a high profile policy and there is an interest in open and transparent government. However, this is outweighed by the public interest in ensuring that when topics are in the early stages of policy formulation, as a result of recent changes announced by the UK Government, officials and Scottish Ministers are provided with private space which is essential when discussing available options.

Section 30(b)(i) - free and frank provision of advice

An exemption under section 30(b)(i) (free and frank provision of advice) of FOISA applies to some of the information you have requested. This exemption applies 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 private and safe thinking space is essential to enable all options to be properly considered based on the best available advice so that good decisions can be taken. Premature disclosure is likely to undermine the full and frank discussion of issues between Ministers and officials, which in turn will undermine the quality of the decision making process, which would not be in the public interest.

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 some public interest in release, as part of open, transparent and accountable government. However, this is outweighed by the public interest in allowing a private and safe thinking space within which officials and Ministers can conduct frank discussion.

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FOI 202500496806 - Information released - Documents

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