Category: Scotland

Kim Long: 24 hours

Councillor Kim Long has agreed I can share her full thread with you, but asked me to include links to donate to two causes:  the Refugee Survival Trust and Positive Action in Housing.  Here’s what she wrote on Twitter, minus only a couple of (understandably furious) swear words.

RIGHT. i am so angry. We have established that Trump is a monster, yes? Let’s talk about my past 24 hours and what that says about our esteemed UK government.

So Tuesday night i got a call from a church minister in a total panic because one of her congregation had recieved a letter, out of nowhere, saying her she had 24 hours to vacate her accommodation because her asylum support was being stopped. Her support (a whole £35/week) plus accomodation, was being immediately removed because they did not believe she was destitute. One of their reasons was she had toys (handmedowns from a kind neighbour) & money in her account – money she had recieved from the home office.  So because she could not prove her destitution according to their insane criteria they decided to MAKE HER AND HER 4 KIDS HOMELESS AND DESTITUTE. With 24 HOURS notice. Before her 3 days to appeal rights were even close to up.The letter had no email address, no phone number, no way of contacting except to send said appeal by POST. Which would be impossible within 24 hours. She was advised to FAX an appeal to a number NOT ON THE LETTER. A FAX. I have never even TOUCHED a fax machine.

So there she was, out of her mind with worry. Oh yes also she’s a single parent, she has an 8 year old, a 5 yo who is severely autistic (& so incredibly sensitive to disruption) & twin toddlers (omg). She has also survived horrific domestic violence, sexual assault, & abuse. (As an interlude i need to say how in awe i am of this lady, her strength and courage and parenting skills are just out of this world. She used to run her own small business, she is articulate and clever and hospitable and kind. It was a pleasure to spend my day with her) … anyway i went to her home yesterday morning, to try to work out a support plan, so that if Serco showed up there was Cllr observing their behaviour, and so that if they were made homeless i could ensure immediate social work support.

let’s pause here to observe that Glasgow City Council would be picking up the bill if the Home Office made this family homeless. The UK government is literally pushing people through the cracks + local authorities are financially penalised for not being so inhumane – let us also observe that if there were no kids involved the council would not be able to give her accomodation. Also if she was (now) fleeing domestic abuse she would not be able to go to a shelter because she is not eligible for housing benefits. Yes, things are that bad.

So – long day of emails and phone calls and then a wonderful lady from her church was there to watch most of the kids while i took this lady & kid to @GovanCP , who were just incredible. They met us, applied for an emergency grant, gave £ for food + an appt for the next day.We went home with cake from the foodbank 😁 & via aldi for essentials. Lady has been through hell but thanks to the support she’ll now receive to fight for her £ to be reinstated, thinks she will be able to sleep. Meanwhile locks were unchanged, nobody showed. Scare tactics.

So that was yesterday. And THEN on my way home today i met our neighbour who was frantic that he’s not seen me around (i’ve been away) – what if i had moved and he had nobody? He is also an asylum seeker & is living in limbo, waiting for news that his case is being looked at. He has been living with toothache for maybe 7 weeks because he is waiting for a form from the Home Office to give him access to dental treatment. He was recently given a card to say he was allowed to work, but now they have sent him a new one saying he is not allowed to.

He is bored. Fed up. Hungry. His wife is the same – he tells me they have nothing to do but quarrel because they are under so much pressure. They have a kid – the cutest, smartest, daughter, who comes to ours to play with/terrorise our cat & laugh at our music choices.  Today he said he is struggling with school holidays. “There are free things to do – but what if, when we’re out, we see someone with a lolly? Or she wants some candy? How can i say i can’t afford it? I feel so ashamed. So perhaps it’s better for her to be inside & not see.”

And then he said that while we were away they had their big interview with the Home Office. (They had first been summoned months ago, went through sleepness nights, showed up, to find the wrong interpreter provided. Interview postponed – back home. More waiting.) So last week they went back again. He was grilled for 8.5 hours, with 1 hour break & one further 15 mins. His wife had 6.5 hours. No kids allowed, but no childcare. They questioned every minute detail. He was so exhausted when he got home he didn’t speak for 2 days. And then – after he explained the danger they fled from, after he explained that as both religious and cultural minorities they could not possibly be safe in their country of origin – he said that he had also brought his daughter away because of the threat of FGM. We were standing in the sunlight but suddenly the world went grey as i realised the gorgeous kid who made me a birthday card last month would have been mutilated as soon as she hit puberty – could still face this if they are put on a plane. And then – i don’t know if i can type this because i am shaking – the interviewers said:”But 98% of the people in your country do FGM. Why is this a problem?”It took me several minutes to understand. UK HOME OFFICE AGENTS ASKED HIM WHY HAVING HIS DAUGHTER CUT WAS AN ISSUE.

This is our UK government. This is what they are doing to people – people who live in your close, whose kids are pals with your kids, people who are just trying to live their lives and survive.

This has been ONE DAY.

Kim’s requests for donations again:  they were the Refugee Survival Trust and Positive Action in Housing.

The Supreme Court is considering the Continuity Bill

The Supreme Court has retired to consider their verdict about the Scottish Parliament’s Brexit Bill, which rejoices in the title of the “UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill”.   The Bill does its best to make it look as if it’s all really, really difficult.  The issues are said to be complicated. They’re not as complicated as they might seem at first.

The basic principle of devolution is straightforward.  All legal authority stems from a common source.  In many countries, that source would be the Constitution; in the UK, it’s Parliament (well, technically the “Crown in Parliament”, but it’s the same thing).  When Parliament is described as  “sovereign”, it doesn’t mean that Parliament holds all the power; it means that all legal authority flows from Parliament.  So whenever a lesser body exercises power – which might be, for example, a local authority, a government agency, a private prison or a devolved assembly – its authority has to be traceable back to the source.

What that means, for Scottish legislation, is that all legislation passed by the Scottish parliament has to pass a basic test: does the Scottish Parliament have the delegated authority to make that decision?  I raised this issue in relation to the powers of local government when Scotland introduced the Scottish Welfare Fund.  In England, local government was granted a power to promote welfare by the UK parliament.  In Scotland, the Scottish Parliament passed the same legislation in the same words – but it couldn’t mean the same thing, because the Scottish Parliament couldn’t grant powers it didn’t have.  That’s why the Scottish Government needed additional UK legislation before it could set up the Fund.

The same principle applies to any and all legislation passed by the Scottish Parliament.  The Scottish Parliament’s authority only extends to those areas where it has devolved authority, or ‘competence’.   If it were to pass any rule in general terms – like granting powers to promote welfare, requiring public authorities to offer interpretation in Gaelic or BSL, managing harbour traffic,  requiring licences for energy production or whatever – that rule could only be valid in so far as it related to the devolved powers of the Scottish Parliament, and invalid in so far as it related to anything else.  The Continuity Bill has been very careful to specify that this is the case, and that it only relates to matters of devolved competence: EU legislation is affected “if and to the extent that it makes provision that is (or would be, if it were contained in an Act of the Scottish Parliament) within the legislative competence of the Scottish Parliament.”

The legal principle at issue is so obvious and so fundamental that I’m ready to take a pop at predicting what the Supreme Court is going to say.  They’re going to say that Scotland has the power to make decisions when they have the power to make decisions, and that they don’t have the power to make decisions when they don’t.  Politically, this could be seen as a defeat or a victory on both sides, depending on what people were expecting.  But it’s not relevant that the UK government might prefer the Bill not to be considered yet; either the law is within the competence of the Scottish Parliament or it’s not.

The basic principle may not be complicated, but the Supreme Court’s judgment almost certainly will be.  They’ve established the dreadful practice of allowing each judge to issue a lengthy judgment that is different in tone, emphasis, content and specifics from each of the others, and then they pretend that they’ve reached a joint decision.  If you’re not confused  yet, you will be.

Saving remote Scotland

A short research note from the James Hutton Institute offers a gloomy prediction for the future of Scotland’s remote areas.  About half the country is sparsely populated, in the sense that it takes a journey of more than 30 minutes to reach places where 10,000 people live; large parts of the country are, more or less, wilderness.  Low populations mean limited development, limited opportunities and limited services – schools, banks, supermarkets and fuel have to have a population base to justify their existence.  The projected populations of the islands and Argyll and Bute are expected to fall by a third; the population of the Highlands is likely to fall by a quarter.

Lesley Riddoch offers a splendid piece in the National, crackling with ideas about the kinds of things that could be done to help remote areas.  The article’s not helped by a headline that suggests a different kind of content, but Riddoch’s article points to to issues including energy, land ownership, housing, communications, and local governance.  I know that some people will question whether human beings ought to be allowed into empty and wild spaces, but we need to question the wisdom of allowing half a country to wither away.

The Scottish Social Security Bill, now amended

The second stage of the Scottish Social Security Bill is complete.  Unusually, most of the issues raised as amendments have been incorporated, a clear sign that the legislators have taken comments seriously; there will be a Scottish Social Security Commission to review legislation and regulations, the rules on overpayments have been considerably qualified, and I was particularly gratified to see two new clauses on alienability (48A and 48B).  Mandatory reconsideration is still there before a claimant can appeal, in a piece of macho drafting depending on multiple cross-references to determine what can be appealed and what can’t.  The Bill is not perfect, then, but it is much better for the amendments.

Progress on the Social Security Bill in Scotland

A large number of amendments to the Social Security Bill have been tabled by the Scottish Government, along with a smaller number from opposition parties.  The Scottish Government amendments, which are more likely to pass, include:

  • a duty to promote takeup
  • provisions relating to aid and advocacy
  • the constitution  and operation of an independent Scottish Social Security Commission, which will scrutinise proposed regulations
  • qualification of the provision to allow some benefits to be paid in kind, so that it will be dependent on the consent of the recipient
  • clarification of rules for reconsideration (but not, regrettably, the two-stage mandatory reconsideration)
  • not reclaiming overpayments from people  innocently receiving them,
  • rules about appeals, and
  • uprating for inflation.

Other constructive amendments from opposition parties are less likely to pass, but they are constructive: they include, amongst other things:

  • extension of the general principles to cover the relief of poverty and the protection of rights
  • definition of the functions of the  Scottish Social Security Agency
  • reporting issues
  • the power to create new benefits, and
  • a duty to inform people about their entitlements.

This doesn’t deal with all the issues I’ve previously raised;  I am still concerned about the adoption of the Mandatory Reconsideration, and the lack of reference to alienability or diversion of benefits – but the overpayments rules and the provision for detailed scrutiny are much better.  It speaks well of the government that they have listened to many concerns, and of the opposition that the amendments are considered and show an evident desire to make the Bill better.

 

 

Draft regulations have been published for funeral benefits. We should have a universal benefit instead.

The Scottish Government has published draft regulations relating to ‘Funeral Expense Assistance’.  They are a disappointment; the Government seems to see the purpose as being to replicate, to the greatest extent possible, the existing scheme of funeral payments, and that scheme largely fails in its objectives. Funeral payments fail to reach probably half of the people who should get them.

The core problem is that the benefit is simply too complex.   The draft regulations have these objectives:

3 (2) Regulations 5 and 6 describe eligibility conditions relating to the applicant’s relationship to the
deceased person and multiple applications.
(3) Regulation 7 describes eligibility conditions relating to the applicant’s residence, the last
residence of the deceased person and the place where the funeral takes place.
(4) Regulations 8 and 9 describe eligibility conditions relating to the financial means of the applicant,
based on receipt of income related benefits, and of the estate of the deceased person.

There are too many moving parts for this ever to work.  Look at this regulation:

5.—(1) To qualify for funeral expense assistance the applicant, or the partner of the applicant, must
have accepted responsibility for the expenses of the funeral, and the Scottish Ministers must
consider it to be reasonable for that responsibility to have been accepted.
(2) In determining whether it was reasonable to accept responsibility, the Scottish Ministers must
consider—
(a) whether someone other than the applicant, or the partner of the applicant, would be the
nearest relative of the deceased person in terms of section 65(3) to (6) (arrangements on
death of adult) of the Burial and Cremation (Scotland) Act 2016; and
(b) any other relevant circumstances that the applicant brings to their attention.

There are five  elements in this process: the circumstances and resources of a claimant, the circumstances and resources of the deceased, the arrangements made for a funeral, the relationship between the claimant and the deceased and the situation of other relatives who might potentially pay instead.   Of course it can’t work.

What else could the government have done?  We already have public funerals for isolated cases where people have no resources.  We could go for a much simpler, universal approach: remove local authority fees for lairs and cremations.   The cost is certain and relatively predictable, and I don’t think we need to worry about abuse, fraud, incentives to die or stimulating take-up from undeserving cases.

There is a general point to consider, too.  The Government is beginning with funerals because they’re relatively straightforward, but their approach has been to take the existing scheme and “drag and drop” the regulations with a few tweaks.  Far better to rethink.

Progress on the Social Security Bill

The  Social Security Committee’s first stage  report on the Social Security Bill says a lot of the right things about the draft:

  • the status of the principles needs to be clarified
  • the balance between the framework and secondary legislation needs to be redressed
  • there has to be a mechanism to review regulations – the committee recommends an independent Scottish Social Security Advisory Committee.

They have an accessible summary here.

Additional note, 15th December:  The Scottish Government’s Response has also been published; in general, the response seems to be made of warm words rather than a commitment to do anything differently.

Scotland’s Racial Equality Plan is a model of good sense

The press reports on the Racial Equality Plan made me apprehensive.  They’ve been talking about ‘targets’ for minority ethnic employment in Scotland.  In the limited work I’ve done on minority groups, what came over was the diversity – the position, for example, of Filipinos, gypsy travellers and and people from South-East Asia  – and their relative isolation.  There are too many small, dispersed minorities in a society to make intervention by numbers effective.   I needn’t have worried.  The plan, advised by Kaliani Lyle, is exemplary, recognising the special pressures on particular groups (notably Gypsy Travellers)  but with the emphasis strongly falling on dialogue, consultation and engagement.   Things done well are never as satisfying to a blogger as things done badly, so I’ve not much to add.

Why the Scottish Government should not be using Mandatory Reconsideration

I was told yesterday, rightly or wrongly, that the Scottish Government is planning to stick to their proposed system of mandatory reconsideration –  the requirement to submit issues for review before an access to appeal can be allowed.  The government’s justification is, apparently, that there will be an important difference between their approach and the current practice of the DWP:  benefits will continue in payment until the issue is resolved.

There are three sorts of misapprehension here.  The first is about what happens when people’s benefits are stopped.   There is a problem, but this measure is not going to resolve it.  Benefits are often stopped first – that’s why people have to challenge the decision.  If it proves that someone is not entitled, any benefits paid under this arrangement can be recovered.  So, under these proposals, the benefits will stop, restart, stop again after review, restart after appeal, and possibly stop again – with repayment demanded every time.

The second misapprehension is that a formal review process is useful or necessary. Under the previous system, all grounds for appeal were scrutinised and acted on by the Department for Work and Pensions before the introduction of MR; so MR adds nothing to the actions of the agency.  What the introduction of MR did was to create an extra hurdle for claimants – a barrier to access to justice.

That leads to the third point: that the operation of MR is unlawful.  The Policy Memorandum issued by the Scottish Government argued that

“Without a re-determination stage, it would mean that all decisions being challenged would go to a tribunal. This could lead to the tribunal being inundated with large volumes of appeals, which will increase the likely waiting times for individuals to have their cases heard, resulting in a frustrating experience.”

It’s not so frustrating as bening denied access to justice.  In Unison v Lord
Chancellor, the Supreme Court stated in terms  that the creation of administrative barriers with the intention of preventing people reaching court is unlawful. Appeals are not just there for the appellant.  They are there to make sure that the system is done right for everyone else.   If the Social Security Bill is passed in this form, expect it to be challenged.