Committee
Welfare Reform Committee 02 February 2016
02 Feb 2016 · S4 · Welfare Reform Committee
Item of business
Subordinate Legislation
Welfare Funds (Scotland) Regulations 2016 [Draft]
I do not doubt that people find personal representation intimidating—that is the whole point of having advocates and representatives, because these procedures are very challenging. However, people also find it intimidating if they have to write and explain and do not have the chance to put forward their case. I am pleased that you have accepted that people have the right to a hearing and to have an advocate represent them at the hearing. Will it be made clear at the beginning that someone can choose whether their case is dealt with through written correspondence or by phone, or by coming to a hearing and bringing a representative with them?
In the same item of business
The Convener
Lab
The second item on the agenda is an evidence session on the draft Welfare Funds (Scotland) Regulations 2016. I welcome Niki Maclean, the director, and Paul M...
Niki Maclean (Scottish Public Services Ombudsman)
I thank the committee for its invitation. We will take on the new function of second tier reviews from 1 April 2016 and we are happy to discuss the work that...
The Convener
Lab
Will the new powers and that new function change the ombudsman’s role?
Niki Maclean
Scotland’s ombudsman scheme is quite unusual compared with others across the United Kingdom, in that the majority of other public service ombudsmen also have...
The Convener
Lab
Because yours is a non-Governmental body and you are responsible to the Parliament, you have drafted and designed your own appeals procedure. Will those who ...
Niki Maclean
They will. Paul McFadden will talk about that.
Paul McFadden (Scottish Public Services Ombudsman)
On the vast majority of occasions, we expect that the reviews that we will make decisions on will be concluded on the basis of information that has already b...
The Convener
Lab
You said that the Government did not think that that facility was necessary, but in a sense it has nothing to do with the Government because you are not resp...
Paul McFadden
I think that that was in relation to the founding legislation—discussions about what the legislation might contain when the proposals were at an early stage....
The Convener
Lab
Yes, except that it is the Parliament’s responsibility to pass the legislation and yours is a body that is responsible to the Parliament, not to the Governme...
Paul McFadden
No. Perhaps I gave the wrong impression of ceding authority to the Government on that occasion. There were discussions about what the proposal might look lik...
The Convener
Lab
You say that you think that most of the appeals or challenges will be determined on the basis of information that is already available. Given the decision th...
Paul McFadden
No. If people ask for representation in bringing forward a review, we will certainly be open to their doing that, but I really think that that will not be ne...
The Convener
Lab
With all due respect, you might not think that representation is necessary, but if someone has had a claim refused and feels strongly about that, surely they...
Niki Maclean
Under the principles of natural justice and because of the way in which the process will work, as people bring review requests to us at tier 2 we will share ...
The Convener
Lab
The committee has heard evidence on other benefits from a whole range of organisations that say that not only the organisations but the people whom they repr...
Paul McFadden
It may help if I clarify how our process and procedures are laid out. The enabling legislation allows us to develop and consult on our statement of practice...
The Convener
Lab
Perhaps I am missing something here. In the years that I represented people at tribunals, there was always the opportunity to write in and explain the proble...
Niki Maclean
Yes. They absolutely have the right to request that. As Paul McFadden said, in the present complaints process we regularly deal with representatives rather t...
The Convener
Lab
I do not doubt that people find personal representation intimidating—that is the whole point of having advocates and representatives, because these procedure...
Paul McFadden
We have made it clear that people can choose a representative to engage with us. People responding to the consultation have been widely supportive of our app...
The Convener
Lab
Forgive me, Mr McFadden, but I think that you are saying something slightly different from what Ms Maclean said. Ms Maclean gave a clear commitment that peop...
Niki Maclean
They can request an oral hearing.
The Convener
Lab
And it will be made clear to them at the beginning—
Niki Maclean
Yes.
The Convener
Lab
If they wish, they can have an oral hearing with a representative.
Niki Maclean
We need to be careful to ensure that we give sufficient information in our communication materials. We are using our stakeholders to trial the communication ...
The Convener
Lab
It would be an interesting concept if, in relation to claimants challenging the Department for Work and Pensions on a range of things, the power to determine...
Niki Maclean
That is certainly the intention, and that has been included in the document that has gone out for consultation.
The Convener
Lab
For a range of independent benefits, or Westminster-related benefits, there are independent tribunals and people can access those if they wish but, in relati...