Chamber and committees

I have asked Teresa Medhurst, Chief Executive of the Scottish Prison Service (SPS), to respond. Her response is as follows:

The Scottish Government and SPS are committed to continuing work on modernising and improving the prison estate which includes the construction of a new Women’s National Facility, 2 Community Custody Units and replacement prisons for HMP Barlinnie and HMP Inverness.

Since the commencement of the SPS Estates Development Programme, 75% of the prison estate has either been replaced or modernised. in line with relevant guidance and standards for building accessibility. The completion of these further major infrastructure investment projects will represent another significant step in improving accessibility across the prison estate.

SPS establishments also continue to work collaboratively with local NHS Health Boards to put in place care plans which may include utilising services and aids to improve accessibility, for individuals who require additional support.

Scottish Government’s delivery partner, Inclusion Scotland, published a report in May 2021 after the Parliamentary elections. The report includes an evaluation that Inclusion Scotland held with award holders. Most award recipients said their overall experience of the Access to Elected Office Fund was very good or excellent. Most participants said the fund removed some impairment-related barriers to campaigning and importantly, most recipients said that the funding did help them to campaign and/or pursue party selection on a more level playing field with non-disabled candidates.

Immediately after the Scottish Parliamentary elections were concluded, the Access to Elected Office Fund needed to promote the upcoming local elections for May 2022 in order to ensure sufficient lead time for any applicants, whilst incorporating learning from the impact of COVID-19.

Inclusion Scotland has worked with the Equal Representation Coalition and the Scottish Government to develop an equalities monitoring form with the aim of collecting data on the protected characteristics of candidates for the May 2022 Local Authority elections.

Further improvements include the updating of processes and procedures. For example, for those receiving a Personal Assistant (PA) support award, the option was added to allow them to use a self-employed PA with the aim of tackling the barriers to recruitment.

Under the Equality Act 2010, individual public authorities are responsible for ensuring that they make reasonable adjustments to meet the needs of people with protected characteristics. Responsibility for complying with the requirements of the Equality Act 2010 rests with individual authorities/organisations.

Under the Equality Act 2010, individual public authorities are responsible for ensuring that they make reasonable adjustments to meet the needs of people with protected characteristics including disabled people. Responsibility for complying with the requirements of the Equality Act 2010 rests with individual authorities/organisations.

The Scottish Government expects all relevant organisations to comply with the requirements of the 2010 Act in relation to all protected characteristics. Responsibility for oversight of compliance with the 2010 Act, including compliance with the 2012 Regulations, rests with the Equality and Human Rights Commission. The Commission is independent and cannot be directed by Scottish Ministers.

The Scottish Government will invest £10 million over this parliamentary term as part of our commitment to increasing opportunities for disabled people. This funding will increase the number of changing places toilets across the country and support mobile changing places to allow people easier access to outdoor venues and events across Scotland.

Funding will commence in the financial year 2022-2023 and will be delivered in phases over the course of the parliamentary term.

We estimate that Child Winter Heating Assistance will provide assistance to over 19,000 children and young people who are in receipt of disability assistance in Scotland in 2021-22 at a cost of around £4 million. This type of assistance is not available anywhere else in the UK.

Through our £290 million Cost of Living support package, we will give 1.85 million (73%) of Scottish households £150 of extra support via the Council Tax. We have also allocated a further £10 million to continue our Fuel Insecurity Fund, which is aimed at those in greatest need.

The Fuel Insecurity Fund is delivered through trusted third sector partner organisations, providing direct support to people, including disabled people, who are at risk of severely self-rationing their energy use, or self-disconnecting entirely, due to the cost of their fuel bills. Assistance can be accessed by households on any tariff type and using any fuel source.

The Scottish Government has made a commitment to reduce the disability employment gap – the difference between the employment rates of disabled people and non-disabled people - by at least half, by 2038. We set out this ambition as part of our wider disability employment strategy, “ A Fairer Scotland for Disabled People: Employment Action Plan ”. To halve the disability employment gap by 2038 will require around a 1 percentage point reduction in the gap every year.

Table 1 shows the disability employment gap for January 2016 – December 2016 to January 2021 – December 2021, sourced from the Annual Population Survey.

In 2016, our baseline year, the disability employment gap was estimated to be 37.4 percentage points. It is estimated to have reduced by 6.3 percentage points over the five years between 2016 and 2021, to 31.0 percentage points in 2021 – which is, on average, more than a 1 percentage point reduction each year. Based on performance and the labour market context to date, this suggests that we are on track to achieve our ambition to halve the gap by 2038. The reduction in the disability employment gap over this period was due to a larger rise in the employment rate of disabled people relative to the increase in the employment rate of non-disabled people.

Table 1: Disability Employment Gap, 2016 – 2021, Scotland

The Scottish Government takes bullying very seriously. Bullying of any kind is completely unacceptable and must be addressed.

In November 2017, the Scottish Government published updated anti-bullying guidance ‘Respect for All: The National Approach to Anti-bullying for Scotland’s Children and Young People’

In August 2019, we introduced a consistent and uniform approach to recording and monitoring incidents of bullying in schools. All schools and local authorities are expected to be using the new approach.

The Scottish Government currently has no plans for the numbers of bullying incidents to be collated at a national level. Recording and monitoring is essential and best carried out locally where recurring patterns can be understood and acted upon. An evaluation will be undertaken later this year to assess how successfully the new system has been embedded.

respect me, Scotland’s anti-bullying service, continues to provide support to all adults working with children and young people to give them the practical skills and confidence to deal with all types of bullying behaviour.

The Scottish Government is clear that physical intervention should only ever be used appropriately, as a last resort, to prevent harm and when in the best interests of the child or young person.

The Scottish Government is working with partners, including the Children and Young People’s Commissioner, on new human rights-based non-statutory guidance to minimise the use of restraint in schools. This new guidance will replace existing advice provided within Included, Engaged and Involved Part 2: Preventing and Managing School Exclusions ( Supporting documents - Included, engaged and involved part 2: preventing and managing school exclusions - gov.scot (www.gov.scot) ).

The physical intervention working group began work on the new guidance in January 2020. Progress was affected by group members’ focus on the Covid-19 response. However, work resumed in June 2020 and positive progress has been made since then. Working Group members have now reached agreement that the draft guidance can be put to public consultation. The Scottish Government is currently preparing this consultation.

Details of the membership and notes of the meetings of the physical intervention working group are available on the Scottish Government’s website: Physical Intervention Working Group - gov.scot (www.gov.scot) .

The Scottish government’s principle engagement mechanism with disabled people and the organisations which represent them is through regular meetings with the Mobility and Access Committee for Scotland (MACS), an independent advisory non-departmental public body. Their role is to consider matters about the needs of disabled persons in connection with transport that the committee think are appropriate.

Transport Scotland has consulted and engaged with disabled people’s groups to deliver updated Cycling by Design guidance, Inclusive Design Guidance for Town Centres and Busy Street and more specific work including Free Bikes for Children who cannot afford them and ongoing work on accessible bike hire.