Thursday, January 11, 2024

NEW COP ON THE BLOCK: Complaints, infighting & resentment inside Police Scotland as files reveal new Chief Constable Jo Farrell was judged “Best candidate to meet the challenge of stability & operation excellence” at Scotland’s single national Police service

Candidate for change: Jo Farrell FOLLOWING a series of reports raising questions of judgement of the new Chief Constable of Police Scotland, it has emerged the Scottish Police Authority were of no doubt the ex Durham Constabulary Chief Jo Farrell - was the best candidate to lead ‘rapid cultural change” at Scotland’s national Law enforcement agency.

Documents obtained via Freedom of Information on the recruitment process for a new Chief Constable to replace ex Chief Iain Livingstone – reveal Lynn Brown, Chief Executive of the Scottish Police Authority (SPA) - informed Don McGillivray Director of Safer Communities at the Scottish Government of the SPA’s intention to appoint Ms Farrell as  the new Chief Constable of Police Scotland

Lynn Brown wrote: “Ms Farrell performed and scored consistently strongly across all elements of the assessment process, including the final interview, and against all the core Competencies and Values Framework for a senior officer in Scotland. It was the unanimous view of the panel that she should be appointed to the role.”

“Overall the panel's view is that Ms Farrell is the best candidate to meet the challenge of stability of operational excellence and the requirement for rapid cultural change against a back drop of financial constraints.”

“The Board met on the afternoon of Monday 12 June 2023 and agreed unanimously to approve the panels recommendation.”

“The Board approved that a 4-year contract (legislation allows for a contract of between 2 and 5 years) should be offered, although at this point this remains to be discussed and agreed with the recommended candidate. In addition, an appropriate start date will need to be agreed with the candidate.”

“The Authority will contact all the candidates and move to announce this appointment as soon as practicable if Ministers approve this appointment.”

Writing to Craig Naylor, the current HM Inspector of Constabulary - Martyn Evans, Chair of the Scottish Police Authority stated: “Jo Farrell is an outstanding and highly experienced senior police leader who has made an exceptional contribution to policing over her extensive career. Her appointment will bring exceptional professionalism, building on the high level of policing operational stability and effectiveness achieved in recent years and further accelerate the culture change programmes in Police Scotland”

It has since emerged the only other candidate for the Chief Constable role was Deputy Chief Constable Malcolm Graham.

Earlier this week, Deputy Chief Constable Graham announced his retirement from Police Scotland, leaving the force on 8 April 2024.

The full Freedom of Information disclosure on the recruitment round for a new Chief Constable of Police Scotland can be read or downloaded at the following link: LET 20231208 FOI Response - 2023-24-052 incl appendices collective

In additional reporting this week, it has been revealed a complaint has been made against Chief Constable Jo Farrell - by the civilian Deputy Chief Officer of Police Scotland - David Page - who is responsible for finance, procurement, and estates at the cash strapped force.

This complaint comes after an incident in November 2023, where Chief Constable Farrell was forced to apologise for an "error of judgement" after it emerged in news reports that a police officer drove the Chief Constable and Gary Ridley - chief finance officer for Durham Constabulary - home to England after her train was cancelled during Storm Babet in October.

There are suggestions from sources within Police Scotland that complaints now circulating against the Chief Constable are a result of anger that the new Chief brought in ‘outside help’ to look at how the force has been financially run into the ground by the Scottish Government and senior Police officers.

It is of note that while Police Scotland now faces severe financial constraints in spending cuts – the final months of Iain Livingstone’s lead of Police Scotland saw the force dubbed “Institutionally racist” by the now former Chief Constable - who has now moved on to another Police job in Northern Ireland.

Livingstone has been given a position as Officer in Overall Command of the ‘independent’ Kenova probe in Northern Ireland – which is tasked with examining Troubles-era offences, including more than 200 murders as well as kidnaps and torture.

There has been an extensive PR war by allies of the former Chief Constable to PR Police Scotland’s flaws and faults as other people’s responsibility.

However the reality in which Scotland’s single Police service now finds itself has became increasingly apparent with the crumbling of Scottish Government PR tactics to spin any issue as far from reality.

A previous report on on the reality of Police Scotland and the five years of Iain Livingstone’s leadership and SNP Government meddling in policing can be found here: POLICE SCOTLAND: Non Disclosure Agreements, whistle-blower witch-hunts, £Ms paid to silence victims, institutionally discriminatory & corrupt – The Scottish Govt Policing PR machine & lawyer-led Scottish National Police service that simply ran out of lies

More questions on Iain Livingstone’s leadership at Police Scotland can be found here: TOP COP SECRETS: Transparency lacking at Police Scotland as spy scandal cops refuse to disclose files on complaints & historical sexual assault case details involving Deputy Chief Constable Iain Livingstone

Any information sources wish to share with blog journalists on matters in relation to Police Scotland and policing matters, please contact via usual and known routes.

Monday, December 11, 2023

COPS CASH TO LAWYERS: Scotland’s single Police Service name Law firms who were paid TWENTY FOUR million pounds - during last Three years of Iain Livingstone’s term as Police Scotland Chief

Scots lawyers cash-in on cops SCOTLAND’s hard-up national police force – Police Scotland – paid over TWENTY FOUR million pounds to lawyers, advocates and Kings Counsel in just under a three year period – according to documents obtained via Freedom of Information legislation.

And some of the biggest earners among Scots law firms each received over THREE MILLION pounds from the SNP Scottish Government’s single Police service - which was until a few weeks ago run by Iain Livingstone – a ‘former’ lawyer whose register of interests earlier revealed he was still a member of Scotland’s dominant legal regulator and pro-lawyer lobbyist - the Law Society of Scotland.

A list of law firms named by Police Scotland in the Freedom of Information disclosure reveal the sheer scale of law firms, solicitors and advocates cashing in on Scotland’s beleaguered and broke law enforcement agency.

Journalists continue to look at the scale of payouts - declared, and undeclared from Police Scotland in relation to wrongdoing, the use of Non Disclosure Agreements and a range of other ‘confidentiality agreements’ to cover-up issues including misogyny, criminality and other wrongdoing at Scotland's National Police Service, including issues this blog earlier reported here: POLICE SCOTLAND: Non Disclosure Agreements, whistle-blower witch-hunts, £Ms paid to silence victims, institutionally discriminatory & corrupt – The Scottish Govt Policing PR machine & lawyer-led Scottish National Police service that simply ran out of lies

The new list of law firms identified by Police Scotland reveal high earning law firms such as Digby Brown, Pbw Law – run by ex-Sheriff Peter Watson, Glasgow based law firm Levy & Mcrae and other law firms of interest named in the FOI disclosure.

The list includes all payments ‘currently declared’ by Police Scotland in the FOI disclosure - in UK pounds sterling to law firms, and Faculty Services Ltd – the ‘accounting arm’ of the Faculty of Advocates.

Digby Brown £3,542,599.74; Faculty Services Limited £3,278,006.95; Pbw Law £3,125,900.10; R S Vaughan & Co £2,416,844.59; Levy & McRae Solicitors LLP £2,289,992.27; Ledingham Chalmers £1,921,785.46; Km Law £1,688,753.90; Clyde & Co £932,049.54; Morton Fraser Llp £788,754.02; Miller Beckett & Jackson £665,000.00; Thompsons Solicitors £460,255.00; Slater & Gordon £412,075.54; Gildeas Ltd £275,645.02; Reid Cooper Partnership £272,696.20; Bdo Llp £247,219.86; Macroberts Llp £145,329.69; Thorntons Law £111,842.70; Balfour & Manson Llp £96,791.77; BTO Solicitiors LLP £94,000.00; Jackson Boyd LLP £90,814.14

Watermans Solicitors Ltd £84,908.93; £Tlt Llp 82,305.60; £Kerr Brown 79,337.49; £Dac Beachcroft 70,985.38; £Horwich Farrelly 64,717.72; £Lawford Kidd 63,580.00; £MML Client 50,000.00; £Keoghs LLP £46,582.99; £Anderson Strathern Llp £44,611.80; Jane Gordon Legal Consultancy £42,126.10; Newlaw Scotland LLP £39,112.38; Kindertons £38,763.30; Brodies Llp £36,405.05; DJ MacKay £33,896.04; Livingstone Brown £31,976.30; John Boyle £30,170.00; Harper Macleod Llp £29,927.98; G A Fordyce & Co Solicitors £28,542.20; Lyons Davidson Scotland LLP £27,292.63; Brechin,Tindal,Oatts Solicitors; £26,076.90; Dla Piper Scotland Llp £25,240.76; D J McFall £25,000.00; Carpenters £20,572.94; DWF Law LLP £19,242.50; Curle Stewart £14,574.87; SatchellMoran £13,000.00; Irwin Mitchell £11,581.30

Mullen&Co £9,799.68; Parabis Scot £9,351.50; P I Campbell t/a Campbell McCartney £9,250.00; Aamer Anwar £8,598.20; Kudos Legal £7,952.66; Grant Smith Law £7,625.20; Braenalli&Or £7,500.00; Belmont Legal £7,064.20; DallasMcMillan £7,011.60; Rollos Law £6,603.20; J Myles & Co £6,568.80; Bridge Litigation £6,509.59; Bonnar Accident £5,742.20; Sheperd&Wedderburn £5,500.00; HEDS Law £5,497.20; Jones Whyte £4,615.09; Grigor & Young £4,500.00; Winn Sols £4,500.00; Crawford Legal £4,270.12; Henderson Chambers £3,240.00; Friends Legal £2,883.38; Bond Turner Limited £2,675.40; Spectra Drive Ltd £2,527.33; MacLeod & MacCallum £2,386.80; Lindsays £2,240.15; Burness Paull Llp £2,137.20; Keoghs £2,062.98; Gray&Gray £2,000.00; Kennedys £1,786.31; Mclennan Adam Davis Solicitors £1,248.00; I M S Ltd £1,128.00; Canford Law £1,107.90; McCready / Co £1,094.00

Strata Sol £829.35; Russells Gibson & Mccaffrey £804.00; McLennan Adams Davies £780.00; MSM Law £720.00; Walker & Sharpe Solicitors £652.15; RSAMotability £549.33; Legal Services Agency Limited £504.25; Corrigall Black £324.00; Cullen Kilshaw £312.00; Hunter And Robertson £306.00; Morgan Law £285.00; Boyd Turner £218.50; Killean & Co £194.78; Tc Young Solicitors £132.00; W & As Bruce Solicitors £84.00; Mcmullen Law Limited £72.00; Linda George Family Law £48.00; Milne/Burge £19.40

The Freedom of Information disclosure from Police Scotland stated: “I would ask that you note that the figures provided relate to all categories of payments made to law firms. Accordingly, the attached information encompasses payments in respect of compensation, legal fees and outlays - all in relation to firms instructed by Police Scotland, and firms on the opposing side of a court action or a claim.”

“Additionally, the figures provided are inclusive of payments made to firms and the Faculty of Advocates relating to Police Scotland’s participation in Public Inquiries, most notably the Sheku Bayoh Public Inquiry.”

However, Police Scotland refused to release the identities of advocates and Kings Counsel who received substantial public cash payments from the underfunded force – claiming their names were exempt from release.

The FOI disclosure stated: “Finally, in relation to advocates, payments are made to the Faculty of Advocates, however, the individual names of advocates instructed to represent the Chief Constable is considered exempt.”

“In terms of section 16 of the Freedom of Information (Scotland) Act 2002, I am refusing to provide you with this information.”

Commenting on the scale of payments to law firms, a solicitor who did not wish to be named said: “While some of the smaller payments to law firms relate to administration and other genuine legal work, the scale and frequency of larger payments to some law firms identified in the disclosure give us all an idea of the scale of secrecy, wrongdoing and cover up at Police Scotland.”

A now retired Police Officer described Police Scotland as “a sinister work environment” adding “senior officers prefer to cover up crime and wrongdoing within policing to please their political masters in the Scottish Government”

Tuesday, October 31, 2023

RULE BY JUDGE: Top judge Lord Carloway declares Lord President’s office & unelected judiciary - should remain final regulators of Scotland’s lawyer-regulates-lawyer legal profession & legal services market

Top judge says judiciary must regulate lawyers. SCOTLAND’S top judge – Lord Carloway (real name Colin Sutherland) has declared his role as Lord President, and Scotland's unelected judiciary - should remain as the final regulator of Scotland’s legal services market - currently composed of around 11,000 self-regulating solicitors, advocates & Kings Counsel.

The statement by Scotland’s top judge came in Lord Carloway’s address to lawyers, judges and other legal vested interests in his recent Opening of the Legal Year 2023-2024 speech – where Carloway attacked plans to reform how lawyers regulate themselves in the Regulation of Legal Services (Scotland) Bill which is currently at Stage 1 consideration a the Scottish Parliament.

In a jibe at the Scottish Government’s admittedly feeble plans to reform regulation of the Legal profession in Scotland, Lord Carloway claimed the reforms to lawyers looking after themselves in complaints regulation – “gives rise to serious constitutional concerns about the rule of law …”

Lord Carloway said: “The first is the Regulation of Legal Services. The senior judiciary recently responded to Parliament's call for views on the Bill. They were unanimous in the view that the Bill, as currently drafted, gives rise to serious constitutional concerns about the rule of law and the separation of powers. It is a threat to the independence of the legal profession and the judiciary. If the Bill is passed in its current form, Scotland will be viewed internationally as a country whose legal system is open to political interference. This will have serious adverse consequences.”

Scotland’s top judge went on to declare his unelected office of Lord President and his judiciary, should instead remain the ultimate regulator of rogue lawyers facing any complaint or question about their provision of legal services to clients.

Lord Carloway stated: “The rights of clients, who are the ultimate consumers of legal services, to obtain legal advice, must be protected from interference by the government. The only way to ensure that lawyers will be able to stand up for the individual, whether a person or an institution, against the government of the day, is for the Lord President, and the Court of Session, to remain as the ultimate regulator of the legal profession.”

Regulation of lawyers in Scotland is currently controlled by the Law Society of Scotland, Faculty of Advocates and a lawyer dominated Scottish Legal Complaints Commission (SLCC)

The Scottish Legal Complaints Commission is funded by client fees to solicitors and Advocates who then pay the complaints levy to the Scottish Legal Complaints Commission.

In Scotland, a decades old, repressive and at times highly vindictive regime of lawyers looking after themselves – has seen thousands of clients & consumers of legal services each year – ripped-off by their own solicitors with little or no recompense for the millions of pounds lost to legal services overcharging, theft, embezzlement & outright solicitor client fraud each year in Scotland’s legal services market.

In some of the most appalling cases of Scots lawyers found to have looted their clients assets - legal regulators have reacted to unwanted media coverage by using private briefings and turning newspapers and journalists against each other. In some well known cases, legal regulators encouraged articles against legal reforms, blocked publication of newspaper reports on identified lawyers & law firms, and personally went after ;law reform campaigners who seek nothing more than removing the self regulation element from regulation of legal services and legal representatives in Scotland.

However – despite the public protests of Lord Carloway and other ‘leaders’ of Scotland’s legal profession – including the Dean of the Faculty of Advocates who has also attacked the proposed legal reforms, the reality is the Scottish Government’s Regulation of Legal Services Bill falls far short of what is needed to quell Scots lawyers appetite for ripping off consumers and clients.

And unsurprisingly, according to legal and political sources - there are allegations much of the Scottish Government’s claimed solicitor regulation reform proposals are ‘deliberately deceptive’ and have already been negotiated away with legal interests and political partners in deals to water down what is currently in the bill.

Speaking on condition of anonymity, an MSP who along with others is said to be facing de-selection by their own embittered party – informed journalists of private briefings and meetings between MSPs of all parties - and lawyers and legal regulators who are anxious to ensure much of the already watered down proposals in the reform of legal regulation bill are eliminated or that the entire bill is stalled or axed completely.

No references to any of these meetings appear to exist in entries of the Holyrood lobbying register but it has been established meetings did take place and lawyers who met MSPs appear to believe they succeeded in their lobbying aims, stating so in private lawyer-only social media chat groups.

You can read more about the Scottish Government’s Reform of Legal Services Bill here: Reform of Legal Services Bill - Scottish Parliament

This latest attempt by a Scottish Government and the pro-lawyer Scottish Parliament to reform regulation of lawyers is the third attempt since 2000 – where in 2001 – and amid bitter evidence sessions - Holyrood’s Justice Committee led by Christine Grahame threw out calls for reform of how lawyers cover up complaints for their own colleagues.

A second attempt by another of Holyrood’s Justice Committees in 2006 saw arm twisting from legal regulators to shelve much of the proposals in the Legal Profession & Legal Aid Bill, which became law in 2007 after multiple amendments lodged by MSPs, including Scottish Conservative MSPs on behalf of legal vested interests.

What became the LPLA Act 2007, which led to the formation of the Scottish Legal Complaints Commission in 2008 – which in turn has led to some fifteen years and counting of disastrous complaints regulation by an overly false legal regulator which is in fact staffed and run by the same lawyers and vested legal interests who ran complaints at the Law Society of Scotland.

To make matters worse, the Scottish Legal Complaints Commission later set into policy a system which intimidated clients who had already been ripped off by their solicitors – into signing Non Disclosure Agreements to conceal thousands of complaints against Scots multiple law firms over the last decade – with many law firms appearing week after week at the Scottish Legal Complaints Commission to demand complainants sign more NDAs to conceal some of the worst and repetitive acts against clients which even the old Law Society of Scotland regime failed to keep away from public gaze.

And, it should be noted the Scottish Legal Complaints Commission has cost clients of Scottish solicitors around £40million pounds in complaints levies – paid for by law firms hiking client fees to meet their annual complaints levy.

Lord President Lord Carloway’s Legal Year address to lawyers, which takes the usual Judicial Office tone of launching threats against one piece of reform legislation, then absorbing another piece of legislation – the Victims, Witnesses and Justice Reform Bill as a form of pro-justice system judicial PR and follow-the-money-supply-to-law-firms – is well worth a read.

It should be glaringly obvious to all the Victims, Witnesses and Justice Reform Bill – more of which can be read here Victims, Witnesses and Justice Reform Bill - Scottish Parliament has only come about because Scotland’s judges, courts & lawyers have been mistreating and preying on victims of crime, abuse & countless other crimes for decades to the point the public and victims themselves demanded action – rather than the action coming willingly from the judiciary or legal profession who seem to believe they own the law.

Lord Carloway’s Opening of the Legal Year 2023-2024 speech can be downloaded here Lord Carloway - Opening of Legal Year Scotland 2023-24 with relevant content below:

Welcome to the opening of the legal year. I thank you all for coming. Since the abolition of formal court terms, today is primarily a ceremonial occasion, but it remains a useful opportunity to reflect on the progress we have made in the past year, and on what will, or at least might, happen next.

I extend a special welcome to Lord Burnett of Maldon, the Lord Chief Justice of England and Wales and thank him particularly for his work during his years in office in ensuring that Scotland's voice was heard on legal matters in the Halls of Westminster and elsewhere.

Law Reform: Regulation of Legal Services and Criminal Justice

Looking to what it is that might happen next, there are two Bills on which views are currently being sought. Each proposes a series of notable reforms to the justice system.

The first is the Regulation of Legal Services. The senior judiciary recently responded to Parliament's call for views on the Bill. They were unanimous in the view that the Bill, as currently drafted, gives rise to serious constitutional concerns about the rule of law and the separation of powers. It is a threat to the independence of the legal profession and the judiciary. If the Bill is passed in its current form, Scotland will be viewed internationally as a country whose legal system is open to political interference. This will have serious adverse consequences.

The rights of clients, who are the ultimate consumers of legal services, to obtain legal advice, must be protected from interference by the government. The only way to ensure that lawyers will be able to stand up for the individual, whether a person or an institution, against the government of the day, is for the Lord President, and the Court of Session, to remain as the ultimate regulator of the legal profession.

On a more encouraging note, the Victims, Witnesses and Justice Reform Bill contains proposals for significant reform of the criminal justice system, many of which are based on the Lord Justice Clerk's Review. The judiciary welcome the reforms insofar as they aim to make giving evidence a less traumatic experience for witnesses, including the creation of a right to anonymity and to independent legal representation for complainers in relation to applications under the rape shield legislation, the establishment of a specialist sexual offences court and the abolition of the not proven verdict.

Overall, the judiciary believe the Bill proposes a number of measures which, in principle, represent improvements to the existing system.

The Criminal Courts: Recover, Renew, Transform

Following the build-up of criminal cases which have waited for a considerable period of time to go to trial as a result of lockdown, the court service began the Recover, Renew and Transform programme in September 2021.

The recovery aspect aimed to restore the courts to their pre-pandemic capacity. It involved recruiting more sheriffs and court staff and the setting up of more High Court and sheriff trial courts. Good progress has been made. The challenge now is an ever-increasing volume of indictments and complaints which libel sexual offences. In the face of this new volume of criminal business, we no longer expect to restore matters to the pre-pandemic position. We need to adjust our expectations and set a new reasonable baseline for the number of cases waiting to go to trial at any one time.

Our modelling predicts that the number of High Court cases waiting for trial will recover to a new reasonable baseline level by March 2025, and sheriff solemn trials by March 2026.

Prisoner escort services are causing those in custody to arrive at court late. This has an impact on the smooth operation of the criminal courts. We are looking to accelerate plans to move to virtual custodies. Pilots have already taken place. As I have said many times before, the need to bring those arrested before a court as soon as practicable, must remain a priority.

The purpose of renewal is to establish better ways of working which promote the resolution of cases at the earliest opportunity. The Summary Case Management pilot continues in Dundee, Hamilton and Paisley Sheriff Courts. It aims to reduce the number of hearings to those which are necessary, by encouraging early resolution through early disclosure. Early disclosure has allowed the Crown to take a more targeted approach to the citation of witnesses. There has been earlier resolution of proceedings brought in the pilot courts and a reduction in the number of witness citations being issued in those proceedings. Work is underway to roll the pilot out to Glasgow Sheriff Court.

Specialist online courts are being set up to deal with domestic abuse cases. The idea is to ensure that the complainer and the accused do not require to meet each other. This reduces potential trauma for complainers.

Juries continue to be balloted remotely, thus sparing the public the inconvenience of coming to court. Over the course of the past year, over 450 police and expert witnesses have given their evidence remotely in High Court trials.

A key component of transformation lies in the implementation of the recommendations of Lady Dorrian's Review. The court service has been making substantial progress in relation to those recommendations which do not require legislation. The creation of facilities to pre-record the evidence of children and vulnerable witnesses and the giving of evidence remotely is being accelerated. We now have designated facilities for commissions in Edinburgh, Glasgow, Inverness and Aberdeen.

Earlier this month, I visited the Bairns' Hoose. The Hoose is designed to feel like a family home. It is based on an international model first developed in Iceland, called the Barnahus, which brings together justice, health, social work and recovery support for children in one location. The Hoose is, in essence, a comfortable and safe space in which children can give evidence, receive medical care, take part in decisions about their protection and obtain support to recover from trauma.

The Hoose is the first of its kind in Scotland. The Barnahus model was first advocated for in early 2016, as part of SCTS's Evidence and Procedure Review. I am very pleased to see it implemented into the system, and I hope that we will see more of them developed in due course.

The Civil Courts: Technology and Transparency

On the civil side, there have been a number of notable technological improvements this year.

The importance of making the people's courts as accessible as possible cannot be understated. The advent of new technology means that we can implement new, more efficient and convenient ways to do this. In June, we officially launched Court of Session Live, a new streaming service for Inner House proceedings. I thank Lord Pentland, and his cross-departmental task force, for their hard work in getting this up and running.

Alongside Court of Session Live, we are publishing information about, and summaries of, upcoming appeals much earlier than we have ever done before. We hope that this will enable those who are interested in viewing proceedings, whether online or in person, to make plans to do so.

We launched the new and improved Civil Online portal in May and have significantly expanded the level of service which the portal offers. In Simple Procedure cases, court users can now raise and respond to actions through the portal.

We secured funding from the Scottish Government to start developing a new case management system for the Office of the Public Guardian. The new interface will provide a more accessible and broader range of online services to the public.

Many of our Tribunals are experiencing growth in the volume of business. The work of the Social Security Chamber is expected to increase significantly. The new Local Taxation Chamber has inherited over 40,000 cases from its predecessor, the Valuation Appeals Committee. We are working closely with the Government to ensure that sufficient resources are made available to support this. Reform of the Tribunal system generally also continues, with the further expansion of the General Regulatory Chamber's jurisdiction, and the potential transfer of the MHT into the First-tier Tribunal during 2024.

The court service are in discussions with the Faculty about the re-establishment of the practice of making justiciary and session papers available to the Advocates Library. This will enable advocates and, via the National Library, members of the public, to view them.

We are working hard to deliver these improvements, but, as ever, we can only do as much as resources allow. We will continue to do what we can within budgetary constraints. I ask only that the government continues to support us by providing us with sufficient funding to continue to deliver core services, as well as these improvements to the system.

Ends.

Earlier relevant coverage from this blog - of how the Legal Profession & Legal Aid Act (2007) was deliberately mangled by the Scottish Government, and Scottish Parliament – which allowed lawyers to continue to regulate themselves to the current date, can be found here: The Legal Profession & Legal Aid (Scotland) Act 2007

Monday, October 30, 2023

TARGET BENEFITS: As Scots politicians raid public cash to prevent unwanted headlines - Law firm clients claim SNP Govt Social Security Scotland Agency are unfairly targeting & delaying PIP payments to disabled, long term sick, abuse victims & Covid victims

Devolved SNP Benefits powers face misuse claims. AMID a series of headlines relating to Social Security Scotland mishandling certain benefits considerations and unexplained lengthy delays in payments of Cold Weather Payments, and Personal Independence Payments (PIP) to the long term sick, disabled, victims of abuse and Covid victims - a law firm has contacted journalists with cases revealing delays, perceived attrition to delay or make difficult applications and appeals, and even cases where disabled claimants feel they are being subtly questioned on their politics.

Journalists have been given access to several clients who told us of sudden, unplanned reviews to their PIP benefits claims including threats to cut off benefits payments to victims of long term disability - and lengthy, confusing telephone consultations in which searching questions were asked of claimants lifestyles and their politics.

In cases now being assisted by legal advice, claimants alleged they were made to fear information on their politics and voting intentions may end up being used as a condition to maintain their current benefits payments.

Material ingathered by claimants - which journalists have now had sight of within their legal representative’s office - does appear to support accusations the new devolved benefits powers - passed to the SNP Government by the Conservative Government at Westminster – are subject to a litany of delays, withholding of, or cancellation of payments and potentially motivated consideration of benefits payments to persons across Scotland in areas where some may consider a ‘target voter pool’ could make a difference in what may become a bitterly contested Scottish General Election in 2026.

Noting the material provided by claimants in just two of Scotland’s local government areas – none of the allegations raised with journalists by solicitors and their clients appear to have been explained by Social Security Scotland in any reasonable way to claimants – who include terminal cancer victims, very seriously disabled persons unable to walk, victims of serious sexual abuse and several long term Covid victims – all of whom claim they are being treated worse than under the DWP system when Personal Independence Payments and related benefits were reserved to Westminster.

And in several cases, journalists have been able to speak with Local Authority staff who backed up issues relating to lengthy delays in payments and unreasonable withholding of benefits.

One Local Authority source said “claimants are being unfairly targeted because of who they are because they are too weak to fight back and we don’t have the staff to help all cases”.

A solicitor representing a PIP claimant said: “People are being seriously let down by Social Security Scotland.”

Information on cases where compensation cash for victims of abuse has been raided by politicians to fund pay rises to stave off strike headlines, and political ventures and other PR related issues which have already been aired in the media.

Several abuse victims who have spoken to journalists now fear their PIP payments may also end up going the same way and “into the hands of desperate politicians trying to cling to power” as one victim told us.

Journalists understand the law firm’s clients are being assisted by an MSP on cases of irregular reviews and unwarranted withdrawal of PIP benefits claims and payments under the SNP Government’s Social Security Scotland.

Solicitors representing the claimants requested journalists not publish material currently in their hands, as they feel clients – particularly those in receipt of Legal Aid - could be maligned in their access to legal advice – until such time more fuller scrutiny and assistance can be provided.

However Justice Diaries has been asked to publish a short list of recommendations to any benefits claimants who feel they may (and should) require to keep careful notes on any interaction or contact whatsoever with Social Security Scotland.

1. Maintain “careful notes” of any contact via phone or personal visits, interviews or consultations regarding your benefits claims.

2. Ask for and note down the names and role of anyone from Social Security Scotland whom you are speaking with and ensure you have an accurate record of what was said.

3. If you are in need of assistance or any form of help for any benefits issues relating to Social Security Scotland – seek out help from your Local Authority benefits team immediately and do not delay.

4. If you feel your benefits claim or PIP payments under the SNP Scottish Government rules are being subject to unwarranted interference or intimidation, you may require to contact a solicitor and seek legal advice without delay.

5. If you are required by Social Security Scotland to attend interviews or consultations, take a witness or someone to assist you.

In the case of “Careful Notes” readers may interpret that recommendation as to how you record information via any means.

It may also be helpful for you to ensure a witness is present to ingather a verbatim, word-for-word account of any telephone interview or consultation you are required to attend.

Social Security Scotland and the Scottish Government were not contacted for comment on this report, as Scottish Government agencies now often ignore or issue delays to media enquiries then ultimately refuse to respond.

However, material scrutinised by journalists – does appear to corroborate claimants experiences now being dealt with by legal representatives, Local Authorities and Disability support groups.

If readers have any similar experiences with Social Security Scotland or concerns about how they are being treated and wish to find help, the advice is to contact your Local Authority Benefits Team and any Disability support groups and your area MSP immediately – and if you feel the need – contact a reputable qualified solicitor who may be able to provide legal advice and representation.

Additionally, it’s always good to contact any Scottish newspaper journalists via their respective news desk or contact details with your story as these are national issues affecting all Scots.

And of course keep journalists informed of related issues you experience in matters addressed in this article at Justice Diaries via our email: scottishlawreporters@gmail.com

Be informed everyone - and inform others to help others, and get the help you need.