Page 46 - Reforming Benefits Decision-Making

prohibits assessments being carried out by individuals employed by private
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companies. We agree.
2.49 Outsourcing reduces transparency. Private companies are not required to be
transparent in the same way as public bodies. They are not subject to the
Freedom of Information Act 2000 (FOIA) and the DWP can rely on the
‘commercial interests’ exemptions to avoid disclosing information about them
and the contract contents. As noted by the Information Commissioner,
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effective access to information is key to ensuring that public services are
accountable, however there is currently a ‘transparency gap’ in relation to
outsourced public services. As a result, the Information Commissioner has
recommended that contractors should be designated as public authorities for
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the purposes of FOIA in relation to their provision of public services.

2.50 Further, the outsourcing of assessments means that claimants cannot complain
directly to the DWP about the assessment process but must complain to the
assessment provider, whereas if they want to complain about the decision, this
must be raised with the DWP. We were told that this causes confusion for
claimants who are seeking redress. Once claimants have exhausted the
assessment provider’s complaints process, they can make a complaint about
the assessment process to the Independent Case Examiner (ICE). However,
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the remit and powers of the ICE are limited, and it takes on average a year and
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half for cases to be resolved.

112 Social Security (Scotland) Act, s.12.

113 Information is exempt from disclosure under the Freedom of Information Act if it constitutes a trade
secret, or if its disclosure is, or would likely, prejudice the commercial interests of any person (FOIA,
s.43).
114 Information Commissioner’s Office Outsourcing Oversight? The case for reforming access to
information law (2019). FOIA, s.5 provides for the Secretary of State or Minister for the Cabinet Office
to designate as a public authority for the purposes of FOIA any person either exercising functions of a
public nature or providing under a contract with a public authority any service whose provision is a
function of that authority.
115 DWP, Complaints procedure.
116 DWP, ‘Question for Department of Work and Pensions UIN 1734’ (9 January 2020).

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