FOI/202600509562 · FOI · not held
Social Security Scotland - Adult Disability Payment fraudulent claim investigation data: FOI release
Information requested
Since the establishment of the Adult Disability Payment in Scotland, please provide the total number of investigations launched by Social Security Scotland into possible fraudulent claims.
Break down this total number into the following three categories:
Request for information 1: Investigation concluded - no fraud detected.
Request for information 2: Investigation concluded - fraud detected.
Request for information 3: Investigation ongoing.
Request for information 4: For the cases where fraud was detected, please indicate how many of these cases were reported to the police, and (if known) how many have resulted in prosecutions and convictions.
Response
We have interpreted your requests for information to relate to investigations into allegations of fraud. Allegations do not automatically become fraud investigation cases as research and assessment is carried out prior to tasking to an investigator. 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 (COPFS) has decided on a non-court disposal as an alternative to prosecution.
An allegation can cover multiple benefits at the same time.
Request for information 1 and 3:
An exemption under section 30(c) of FOISA (prejudice to effective conduct of public affairs) applies to the information requested. Disclosing this information would substantially prejudice our ability to prevent and detect fraud. Established fraud risk management theory maintains that a threat actor’s decision to commit fraud is informed by their assessment of three main factors: motivation, rationalisation and opportunity. Part of the prevention approach is to restrict the information made available that would be indicative of capacity, capability, tactics and resources.
After careful consideration we have concluded that release of this data would prejudice the ability of Social Security Scotland to effectively carry out this function. This would constitute substantial prejudice to the effective conduct of public affairs in terms of the exemption.
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 fraudulent activity and thus protecting the public purse from potentially increased loss.
Requests for information 2 and 4:
While our aim is to provide information whenever possible, in this instance Social Security Scotland does not have some of the information you have requested. This is because we do not hold this information for the financial year 2022-2023 nor have Social Security Scotland been made aware of the outcome of some of the cases which have been reported to Crown Office and Procurator Fiscal Service (COPFS).
This is a formal notice under section 17(1) of FOISA that Social Security Scotland does not have some of the information you have requested.
The below table shows cases of suspected fraud reported by Social Security Scotland to Crown Office and Procurator Fiscal Service (COPFS) broken down by financial year.
Financial Year Number of crime reports Outcomes 2023-2024 1 Adult Disability Payment N/A 2024-2025 8 Adult Disability Payment 4 Guilty Pleas 2025 - Year to date 22 Adult Disability Payment 2 No Further Action
It should be noted that whilst Social Security Scotland holds record of some outcomes of crime reports submitted to COPFS, any further information regarding outcomes should be requested directly from COPFS itself - Freedom of Information requests | COPFS
You may find further information of interest to you in our Counter Fraud Strategy.
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.
Contact Please quote the FOI reference Central Correspondence Unit Email: contactus@gov.scot Phone: 0300 244 4000 The Scottish Government St Andrew's House Regent Road Edinburgh EH1 3DG
Detected exemption language
Request for information 1 and 3: An exemption under section 30(c) of FOISA (prejudice to effective conduct of public affairs) applies to the information requested. This would constitute substantial prejudice to the effective conduct of public affairs in terms of the exemption. 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.
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