Almost half of welfare fund decisions reviewed by ombudsman overturned

Almost half of Scottish Welfare Fund decisions reviewed by Scotland’s public services ombudsman last year were overturned, according to a new report.

Of the 318 community care grant decisions made by councils and referred for review in 2017-18, 164 or 52 per cent were changed – up from 43 per cent the previous year.

Meanwhile, of the 288 crisis care grant decisions looked at by the Scottish Public Services Ombudsman (SPSO), 102 or 35 per cent were changed, up slightly from 32 per cent in 2016-17.

The annual report on the SPSO’S independent Scottish Welfare Fund review service also showed a 38.7 per cent year-on-year rise in the number of cases it closed at review, up from 437 to 606 in 2017-18.

The Scottish Welfare Fund was set up to provide crisis grants to those struggling to pay for basics such as food and heating, and community care grants to help some of the poorest families buy oneoff items such as a cooker or washing machine. Applications are made to local authorities, with the SPSO providing a second-tier review service for anyone who is unhappy with a council’s decision.

The SPSO said the increasing number of review requests it received was “encouraging as it suggests that people are aware of their rights and are accessing the service”, however it pointed only a “miniscule” proportion of welfare fund applicants reach the second-tier review stage.

The body said it would continue to monitor rises in the number of council decisions being overturned although it stated the most likely reason for a change was new information “that the council could not reasonably have access to”.

The SPSO also identified that written communication was an issue in high proportion of the cases it looked at.

In some instances decision letters “lacked clarity around how the decision maker had arrived at their decision and did not provide enough information to allow the applicant to effectively challenge the decision”.

“We anticipate there will be a reduction in the instances of poor written communication during 2018-19 as a result of the revised SWF guidance issued in February 2018,” it said.

The ombudsman Rosemary Agnew said: “The Scottish Welfare Fund impacts directly on some of the most vulnerable people in Scotland.

“To us, our independent review service is about much more than reviewing decisions. We strive to put people at the heart of what we do.”