Exclusive:Warning SNP's benefits agency is failing thousands of disabled Scots

Measures were introduced to prevent financial abuse and fraud in the wake of the murder of vulnerable teenager Margaret Fleming.

Miss Fleming was killed by her carers in Inverclyde, who hid her death for 17 years while continuing to claim her benefits. Her body has never been found.

When a person is incapable of dealing with their financial affairs and they do not have a guardian or power of attorney, an “appointee” is allocated to receive benefits on their behalf.

New legislation was passed that states Social Security Scotland is legally required to carry out face-to-face checks on those who have been deemed unable to mange their own money and their appointee.

However, new figures released under freedom of information legislation show just 8600 recipients out of 33,000 have so far received in-person checks.

That means more than 20,000 disabled Scots have had control of their finances removed without any further oversight.

Of those DWP appointees who have been checked, nearly one in four were found to be capable of managing their own benefits.

The result is people who are capable of managing their financial affairs are being denied access to their own money.

A total of 138 were found to have unsuitable appointees.

A review of failings by Inverclyde Council made recommendations on how authorities monitor people with learning disabilities, including that appointees should be monitored.

‘Deeply concerning’

Scottish Conservative shadow cabinet secretary for social security Alexander Stewart MSP said: “Given how appallingly Margaret Fleming was failed by the authorities, these figures are deeply concerning.

“If these concerns are not urgently addressed, there is a genuine risk that more vulnerable people slip under the radar and are open to exploitation.”

Scotland’s benefits agency was built on the principles of dignity and respect, according to the Scottish Government, and designed to be fairer and more equitable than Westminster’s Department for Work and Pensions.

A government insider said: “It’s another example of Social Security Scotland paying lip service to dignity and respect but as soon as it becomes difficult or more expensive to respect the rights and needs of disabled people they don’t live up to the rhetoric.

“And if you think, these disabled people are the most disabled people in the whole system, they are people who are unable to act for themselves, they are the most vulnerable group and this system is set up to make sure they are not financially abused.

“The idea that they are prioritising other things over this is scandalous.”

Guardians, who are appointed by a judge, must file accounts for how any money is spent and their position is reviewed every three years.

The use of an appointee is easier and quicker because appointeeship has far less oversight and is not regularly reviewed.

In the case of Miss Fleming, her appointeeship fell to her mother and then to Edward Cairney and his partner Avril Jones before she dropped out of the system entirely.

Previously, personal independence payment (PIP) was administered by the Department for Work and Pensions (DWP) but the benefit was one of a number of disability benefits devolved to Social Security Scotland.

The benefit was renamed Adult Disability Payment (ADP) when it was transferred to Scotland.

Concerns about the limited safeguards in the appointeeship system were raised by MSPs and steps taken to improve safety.

Statutory guidelines state that SSS staff must see a benefits recipient face-to-face to directly determine whether or not they are incapacitated.

The person should be asked who they want as their appointee and that person’s suitability is then cross checked with others.

Scotland’s rules are now - on the face of it - far more robust than the DWP’s, meaning all new clients being transferred from the DWP to SSS need to be assessed.

Yet the figures show these checks are not happening.

It is understood that the number of staff tasked with carrying out these checks has been drastically reduced, leading to a backlog of tens of thousands of cases.

Such were the concerns about the appointee system that during the consultation period the Law Society of Scotland called for the system to be abolished and each appointee considered by judicial review.

Mr Stewart added: “It’s all very well Social Security Scotland having safeguards to protect the most vulnerable, but if the SNP government is starving its quango of the resources needed to carry out these face-to-face checks with every disabled person affected, they are not fit for purpose.

“It’s vital that SNP ministers work with Social Security Scotland to ensure that they have the necessary staff to implement these vital safeguards.”

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Miss Fleming was 19 years old when she was last seen by anyone other than Cairney and Jones.

Cairney and Jones, of Inverkip, Inverclyde, were both convicted in 2019 of killing Miss Fleming between December 1999 and January 2000, and each sentenced to life in jail with a minimum term of 14 years. Cairney died in 2023.

A Social Security Scotland spokesman said: “We are committed to ensuring people receive all of the financial support they are entitled to. We have robust measures in place to ensure the safety of our clients. This includes carrying out checks when someone has an appointee acting on their behalf.”