Information request and response under the Freedom of Information (Scotland) Act 2002
FOI Reference: FOI/202200324069
Date received: 10 October 2022
Date responded: 4 November 2022
Information requested
Response
1. The cost of Social Security Scotland's Covert Operations Team since the inception of Social Security Scotland, and a breakdown of these costs.
An exemption under section 35(1)(a) of FOISA applies to the information you have requested. This exemption applies where disclosure of information under the Act would, or would be likely to, prejudice substantially the prevention or detection of crime. To disclose the information requested would indicate the size of team involved in this work, this in turn could create a risk to surveillance operatives and to the wider law enforcement surveillance community. Further, if the specific details of capability were made public it would have a detrimental impact on counter fraud work undertaken.
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 and detect instances of fraud.
2. Any guidance Social Security Scotland holds in relation to 'counter-fraud' measures and the operation of its covert operations team, in particular - who can be surveilled and what thresholds must be met to carry out surveillance.
All surveillance is regulated by existing legislation (Regulation of Investigatory Powers (Scotland) Act 2000) and Social Security Scotland’s Code of Practice for Investigations. This ensures that all surveillance is appropriate, justified, and compliant with legislation and law enforcement guidance.
Persons can be the subject of surveillance for the following reasons:
(b) for the purpose of preventing or detecting crime or of preventing disorder
(c) in the interests of the economic well-being of the United Kingdom
(d) in the interests of public safety
(e) for the purpose of protecting public health
(f) for the purpose of assessing or collecting any tax, duty, levy or other imposition, contribution or charge payable to a government department
Social Security Scotland is committed to maximising benefit take-up, so people get the money that they are entitled to. We have designed a social security system that enables people to access financial support in a straightforward way, starting from a position of trust.
We are aware that a minority of people may seek to abuse the system and we operate in line with the Scottish Government’s zero tolerance approach to fraud. Our statutory powers are necessary, primarily in the fight against organised crime groups who would seek to attack the public purse.
Surveillance is only deployed where it is legal, appropriate and justified, and is only considered where other tactics cannot provide the necessary evidence.
We employ a dedicated team of specialists who are able to detect, investigate and, where appropriate, report instances of alleged fraud directly to the Crown Office Procurator Fiscal Service. This ensures we protect public money and invest it in services and support for those who need it.
3. How many incidents of fraud have been identified by Social Security Scotland?
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 (or the Crown Office Procurator Fiscal Service has decided on a non-court disposal as an alternative to prosecution). To date, no such cases have completed this process and as such no information is held.
4. The amount saved by Social Security Scotland in identifying fraud so far, and a breakdown of which benefits this related to.
This information is not held. We would refer to the answer to question 3 above. Additionally, Social Security Scotland’s Counter Fraud Team is primarily focussed on the prevention of fraud. Measuring the level of fraud which has been prevented is difficult, and Social Security Scotland are in the process of developing this capability. The controls we have in place and awareness of fraud indicators play their part in limiting losses to the public purse through potential fraudulent activity.
5. Correspondence between the DWP and Social Security Scotland relating to counter-fraud measures and its covert operations team.
An exemption under section 34(1)(b) of FOISA applies to the information you have requested. This exemption applies to information held for the purposes of an investigation, conducted by the authority, which in the circumstances may lead to a decision by the authority to make a report to the procurator fiscal to enable it to be determined whether criminal proceedings should be instituted.
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 ability of the authority to conduct investigations into potential cases of fraud effectively.
6. Correspondence between the Scottish Government and Social Security Scotland relating to counter-fraud measures and its covert operations team.
No information is held, no information was found in scope of the request.
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