Chamber and committees

Section 259 of the Mental Health (Care and Treatment) (Scotland) Act 2003 gives people with a mental illness, learning disability, dementia and related conditions a right of access to independent advocacy. It confers a duty on each relevant local authority and relevant health board to secure the availability of independent advocacy services and to take appropriate steps to ensure that those persons have the opportunity of making use of those services.

The Code of Practice Volume 1 for the 2003 Act states that independent advocacy organisations may provide individual or collective advocacy, but notes the Act is not specific about the type or types of independent advocacy services to which an individual should have a right of access. It goes on to acknowledge that any or all of the various types of independent advocacy may be appropriate depending on the circumstances and personal preferences of the individual concerned.

Local authorities have existing discretionary powers to introduce local road user charging schemes under the Transport (Scotland) Act 2001, which was brought into statute by a previous Parliament.

We have committed, in our recently published 'Achieving Car Use Reduction in Scotland: A Renewed Policy Statement', to take the opportunity to conduct a regulatory check of the secondary legislation, given the passage of time since they were brought into statue to ensure that these existing discretionary powers remain fit for purpose. Once the necessary regulations and guidance are in place, it will be a decision for local authorities or RTPs whether and how to implement schemes.

We welcome local authorities’ commitment to local measures which support delivery of car use reduction in Scotland. We will continue to work with COSLA and local authorities to support equitable measures which encourage active travel and accompany greater investment in public transport for a fairer and greener transport system to ensure a just transition to net zero. Local authorities are best placed to determine whether a local road user charging scheme supports the objectives set out in their local transport strategy.

Local Authorities have the statutory responsibility for education therefore the Scottish Government does not hold this information centrally. Local authorities may hold this information.

As part of the Scottish Government’s commitment to invest in access to school counselling services, since 2021 local authorities have reported on key measures of their counselling provision. A summary of these reports can be found at: Access to counsellors in secondary schools and children and young people’s community mental health services – summary reports - gov.scot (www.gov.scot)

The mental health and wellbeing of children and young people is an absolute priority for the Scottish Government.

We continue to support our local authority partners with £16 million in funding to ensure that all school pupils aged 10 and above and all secondary schools in Scotland have access to school counselling services.

In December 2020, all local authorities confirmed that access to counselling services were in place across Scotland.

It is the statutory responsibility of local authorities to manage their school estate and the Scottish Government expect them to exercise their statutory responsibilities and deliver a safe environment for all school users.

It is the statutory responsibility of local authorities to manage their school estate, therefore, the Scottish Government does not hold this information.

We continue to support our local authority partners with £16 million in funding a year to ensure access to school counselling services across Scotland.

As part of the commitment, local authorities provide reports on school counselling services which includes number of counsellors in post (this relates to number rather than FTE).

There is variation in how the access to counselling service is being delivered across authorities. Some authorities employ counsellors directly, while others procure third sector counselling.

The following table shows the numbers of counsellors local authorities reported were in post in each of the reporting periods.

Local Authorities have the statutory responsibility for education therefore the Scottish Government does not hold this information centrally. Local authorities may hold this information.

As part of the Scottish Government’s commitment to invest in access to school counselling services, since 2021 local authorities have reported on key measures of their service delivery. A summary of these reports can be found at: Access to counsellors in secondary schools and children and young people’s community mental health services – summary reports - gov.scot (www.gov.scot)

Scottish Government does not collect the information on the number of children and young people in receipt of home education.

Local authorities hold responsibility for ensuring the safety and wellbeing of children being home educated, and that the education they are receiving is suitable for their age and ability. In line with the Scottish Government's home education guidance, it is recommended that local authorities should make contact on an annual basis with those families who are known to be home educating within that local authority area.

As part of the update to this guidance, Scottish Government will work with local authority partners to consider options for collecting an aggregate number of children and young people home educating in their area.

Local authorities have statutory responsibility for the control and management of asbestos within their schools, therefore, the Scottish Government does not hold this information. Furthermore, health and safety is not devolved to the Scottish Government, and the Health and Safety Executive has UK-wide responsibility for enforcement of the Control of Asbestos Regulations 2012.

However, the Scottish Government takes the issue of asbestos within schools very seriously and continues to engage with COSLA, local authorities and the Health and Safety Executive on this matter.