Principles of decision making

Getting determinations right

All our decisions should follow the principles set out in the Scottish Government guidance “Right First Time – A practical guidance for public authorities in Scotland to decision-making and the law”.

Additionally, all our decisions have to meet the standards required of administrative decision making. Tribunals are unlikely to overturn decisions that are in line with these standards. All our decisions should also reflect the principles set out in the Social Security Scotland Charter and the Social Security (Scotland) Act 2018 (SS (Scotland) Act 2018, s1).

The standards of a good decision

Decisions must be:

lawful
reasonable and rational
made following a fair procedure
without influence of conscious or unconscious bias
compatible with the individual’s existing rights.

Lawful decisions

You must make sure that you fully understand the PADP rules and know how to interpret and apply them. These rules, as well as their correct interpretation, are set out in the decision-making guidance.

If you are unsure how to follow a rule, you should always use the decision-making guidance, speak to your team leader, or request a case query with the Decision Support Team.

How the rules are interpreted and applied might change due to case law. This can happen when an individual appeals a determination we have made to the Tribunal.

The decision-making guidance will be updated to reflect any changes brought about by case law. If you do not follow this updated guidance, the determinations you make will be unlawful.

Reasonable and rational decisions

Decisions must

be based on all relevant information and
not be based on information that is irrelevant.

Any information that relates to the case at hand is potentially relevant. Therefore, you should never pre-judge the relevance of a piece of information, for instance, based on its source alone. For example, you shouldn’t disregard a piece of additional supporting information just because it has been produced by a member of the individual’s wider support network, rather than by a professional.

In order to ascertain whether the information at hand is relevant, you should always review the information provided and refer to the guidance to establish the value of the piece of supporting information.

An example of a decision that is based on irrelevant information would be a case manager making a conclusion on the individual’s ability to dress themselves based on facts that relate to how well the individual communicates.

Another example would be a case manager making a conclusion based on facts that come from an outdated medical report relating to a time when the individual’s care needs were different.

Determining if a piece of information is relevant is different to identifying a relevant inconsistency. You should refer to the Understanding and Interpreting Information Decision Making Guidance chapter for more information on identifying relevant inconsistencies and next steps.

Decisions that are made following a fair procedure

Decisions must be made following a fair process. Following the decision making guidance and operational guidance every time ensures that all individuals are treated in the same way and that our decisions are consistent. You can only decide two cases differently if there is a rational justification for this outcome.

However, this does not mean that all individuals with the same condition should be given the same award. We take a person-centred and needs-based approach.

Decisions must also be taken impartially, meaning that you should not be biased in your decision-making. Even if there is no actual bias, decisions should not have an appearance of bias as it would undermine the credibility of Social Security Scotland.

Bias can play into a determination in different ways. For example:

you might know the individual whose application you process personally, which is a conflict of interest because it could appear that you cannot make an objective decision – regardless of whether you think you can or not.
you might have unconscious bias towards the individual, based on, e.g. their disability, the fact they have children, their perceived sexual orientation, etc.

You must make it known if you encounter a case where there is a conflict of interest. If there is a conflict, you cannot be involved in processing the case.

Decisions made without unconscious bias

Everyone has unconscious biases. These are judgments or assumptions we make about people or situations without realising we’re doing so.

Disabled people are frequently affected by non-disabled people’s biases, and the assumptions they can lead them to make.

In your interactions with disabled people applying for, or receiving, our benefits, you must do your best to identify and counter these biases and assumptions.

Your own unconscious bias might lead you away from taking a trust-based approach and making accurate and informed decisions. You might not be immediately aware you’re doing this.

Inaccurate assumptions might arise from:

prejudice against disabled people or people applying for benefits
stereotypes about people with particular characteristics
thinking you understand a disability because you know someone with the same condition
the fact an individual isn’t at home when you phone to speak to them
the way an individual communicates

You must always do your best to:

recognise when you might be making assumptions
actively challenge your own biases, and the biases that exist in society in general

Decisions that are compatible with individual’s existing rights

Individuals have certain legal rights which existed before the law on entitlement to PADP was created. For example, the rights provided by the European Convention on Human Rights.

This decision-making guidance, and the law on PADP has been designed to respect these existing legal rights. To make sure that you protect an individual’s legal rights you must follow the decision-making guidance, the operational guidance and the guidance on processing personal information in accordance with the UK GDPR

Unreasonable and irrational decisions

Even if you consider both:

all the relevant information
no irrelevant information

decisions can still be unreasonable and irrational.

This is the case if the decision you have made is one that no-one acting reasonably could make based on the circumstances of that case. You have to justify all your decisions with reasons which clearly and logically explain how you reached that decision.

Sometimes this reasoning can show a misunderstanding of the relevant rules. In this case, the decision would not be reasonable. This is true even if someone could apply the rules correctly and reach the same outcome.

Since the reasoning would not be clear and logical, the decision is out of step with the principles of decision-making.

For example, a case manager decides that an individual is entitled to the higher rate of PADP as they satisfy both the daytime and night-time condition. In the notice of determination they state that their decision about the individual meeting the daytime condition is based on the fact that the individual needs assistance with bodily functions, such as bathing and eating, during the day. They further explain that the individual satisfies the night-time condition because they need repeated attention every night for a few hours after going to bed in order to settle and fall asleep. Once they are asleep, their partner gets ready for bed as part of their ordinary domestic routine. The decision would not be reasonable because the case manager has wrongly applied the rules. The fact that the individual requires repeated attention to settle at night should have been considered as part of their daytime needs. This is because the household shuts down after they have fallen asleep.

The reasoning you set out in the decision report for the individual should give them confidence that you have:

applied the correct rules to the facts of the case
taken all relevant factors into account
not taken any irrelevant factors into account

Why are good decisions important?

We are aiming to get all our decisions right first time. Making appropriate and correct decisions means that:

disabled people receive the right support from first decision, without having to challenge our decision
we don’t have to review decisions through the re-determinations and appeals process, which saves time and resources for both disabled people and Social Security Scotland
disabled people’s trust in our core principles – dignity, fairness, and respect – will grow stronger over time
we can reach some of the most vulnerable people in Scotland and reduce stigma.

Part of Pension Age Disability Payment decision making guide