Social Security Scotland - Adult Disability Payment (ADP) tribunal statistics: FOI release

Information requested

Request for information 1:

The current average waiting time (in weeks) for an independent tribunal review following a disputed Adult Disability Payment (ADP) decision in the North Ayrshire region.

Request for information 2:

The total number of ADP tribunal files that have currently been awaiting a hearing date for longer than 12 consecutive months.

Response

Social Security Scotland does not manage or control tribunal processes, scheduling, or waiting times. Independent tribunals are administered by the Scottish Courts and Tribunals Service (SCTS), which is responsible for listing hearings, allocating judicial resources, and managing caseloads. As such, factors that influence waiting times, including hearing availability, adjournments, and overall tribunal volumes, are entirely out with the control of Social Security Scotland.

You may also find it helpful to know that while tribunal processes are independent, Social Security Scotland takes a number of steps to minimise the need for appeals:

• Getting decisions right first time: We aim to make accurate and fair decisions at the earliest stage by fully considering all available information.
• Clear evidence requirements: We provide guidance to clients on the types of supporting information that can support decision-making and reduce the likelihood of disputes.
• Redetermination process: Before an appeal can be made to an independent tribunal, clients have the right to request a redetermination. This is carried out by a different decision-maker within Social Security Scotland and provides an opportunity to resolve disagreements without progressing to tribunal.

These measures are intended to resolve issues as early as possible and reduce the need for escalation. However, once an appeal is lodged with a tribunal, all aspects of its progression, including timing and scheduling, are the responsibility of the Scottish Courts and Tribunals Service.

Request for information 1:

While our aim is to provide information whenever possible, in this instance Social Security Scotland does not have the information you have requested. Social Security Scotland does not hold information on tribunal waiting times broken down by Local Authority area, including North Ayrshire.

This is a formal notice under section 17(1) of FOISA that Social Security Scotland does not have the information you have requested.

You may therefore wish to contact the Scottish Courts and Tribunals Service who may be able to assist in providing the information you have requested. Advice on how to submit a Freedom of Information (FOI) enquiry to them can be found here:

Freedom of Information | Scottish Courts and Tribunals Service

Request for information 2:

While our aim is to provide information wherever possible, an exemption under section 30(c) of FOISA (prejudice to effective conduct of public affairs) applies to the information requested. Disclosing the information may mislead or confuse the public, as it would present an incomplete picture of tribunal waiting times and volumes, which are determined and managed by SCTS. This creates a real risk of misunderstanding about performance, accountability, and the respective roles of Social Security Scotland and SCTS.

In addition, disclosure in this context would be likely to undermine the clear separation of responsibilities between independent bodies, and could impact the effective working relationships necessary to support the appeals process. Accurate and authoritative information about tribunal caseloads must come from the body responsible for managing and reporting that information.

Taken together, we consider that disclosure would, or would be likely to, cause substantial prejudice to the effective conduct of public affairs.

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. However, there is a greater public interest in protecting the process of ensuring that accurate and authoritative information is provided by the responsible body (SCTS) and maintaining effective working relationships between distinct public authorities by avoiding the release of incomplete or potentially misleading information which could undermine public confidence, ensuring that Social Security Scotland and the Scottish Government are able to conduct this aspect of its business effectively.

Further information around the appeals process and the role of the SCTS can be found here:

https://socialsecuritychamber.scot/home/about-us

You may therefore wish to contact the Scottish Courts and Tribunals Service who may be able to assist in providing the information you have requested. Advice on how to submit a Freedom of Information (FOI) enquiry to them can be found here:

Freedom of Information | Scottish Courts and Tribunals Service

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.