Chamber and committees

The Scottish Government is committed to ensuring that robust child protection measures are in place across Scotland. To fulfil this commitment the Scottish Government has ongoing engagement through a variety of fora with statutory public bodies, Commissioners and other key stakeholders to identify any issues in relation to child protection policies, processes and procedures and resolved collaboratively.

The following issues have been raised in the last 12 months:

• Bairns’ Hoose and the Scottish Child Interview Model for Joint Investigative Interviews: Partnership working on the development of these initiatives including collaboratively resolving issues as they arise.
•  Coronavirus: The operation and continued need for Coronavirus (Scotland) 2020 Act provisions relating to Child Protection Orders, Child Assessment Orders and other aspects of Children’s Hearings processes. The use of other flexibilities and streamlining of certain requirements detailed in the Coronavirus (COVID-19): supplementary national child protection guidance Adaptations to local child protection responses and learning from earlier stages of the pandemic which informed the updating of this guidance.
• Domestic abuse: Support and protection for children experiencing domestic abuse, with a focussed discussion at the Children and Families Collective Leadership Group and follow up cross-Government engagement and action.
• Education: The role of the General Teaching Council for Scotland (GTCS) in sharing information about child protection concerns, with follow up engagement with GTCS planned.
• Human trafficking and exploitation: Reviewing the application of Lord Advocate’s Instructions for Prosecutors when considering Prosecution of Victims of Human Trafficking and Exploitation . The Scottish Government worked closely with the Crown Office and Procurator Fiscal Service, the Office of the Children and Young People's Commissioner Scotland, Police Scotland and Scottish Prison Service to assess the application of the instructions in cases where individuals may have been victims of trafficking or exploitation.
• Implementation of the National Guidance for Child Protection in Scotland 2021 : National resources and action to support local implementation with discussion and decisions on next steps taken by the National Child Protection Guidance Implementation Steering Group.
• Online safety: Developing a Scottish response to the UK Government’s draft Online Safety Bill, working closely with the Crown Office and Procurator Fiscal Service, Ofcom, the Office of the Children and Young People's Commissioner Scotland and Police Scotland on the devolved implications and agreeing where the legislation needs to go further to ensure children are as safe as possible when using the internet.
• Orkney: Progress in addressing areas for improvement identified during the 2019 joint inspection of services for children and young people in need of care and protection in Orkney, with follow up engagement with the Care Inspectorate, Healthcare Improvement Scotland and the Orkney Partnership.
• Unaccompanied Asylum Seeking Children: Working closely with the Convention of Scottish Local Authorities, the Office of the Children and Young People's Commissioner Scotland and Social Work Scotland on the UK Government’s decision to mandate the National Transfer Scheme; and the child welfare implications arising from the Nationality and Borders Bill, particularly changes to how Unaccompanied Asylum Seeking Children have their ages assessed. This work has underpinned the decision of the Social Justice Cabinet Secretary to lodge a Legislative Consent Memorandum recommending that consent be withheld in relation to two clauses Bill.

The Dalzell Steelworks were owned for a short period of time by the Scottish Government to assist in the facilitation of the transfer of ownership of the Steelworks between TATA Steel UK and Liberty House.

The Scottish Government owning the Steelworks for a short period of time enabled all parties to achieve what they required from the sale and purchase of the business. The Scottish Government in doing so, supported the recommencement of Steel Production in Scotland and protected the livelihood of families across the Lanarkshire Steel communities.

On 2 September 2021 the Scottish Government published the National Guidance for Child Protection in Scotland 2021, which replaces the 2014 National Child Protection Guidance.

The revision of this guidance was undertaken through a collaborative process informed by extensive public and stakeholder engagement over a period of two and a half years. The review was overseen by a National Guidance Steering Group comprised of representatives from stakeholder organisations and other key interests.

The Scottish Government ran a formal public consultation on draft guidance between 21 October 2020 and 31 January 2021. A total of 159 consultation responses were received from a wide range of organisations and individuals. Where respondents have given their permission, responses have been published on Citizen Space . In addition to the public consultation, seven virtual stakeholder engagement events were held during November and December 2020. These events were used to engage with Child Protection Committees and practitioners, with a facilitated discussion structured around the consultation questions. An independent analysis of consultation responses was commissioned and engagement was undertaken with many respondents to better understand their views and reflect in final draft.

The key themes emerging from the engagement process were: status of the guidance and degree of local variance; ensuring an appropriate balance between the current context and direction of travel as the aspirations of The Promise are realised; clarity on the timing of the refresh of Getting it right for every child (GIRFEC) and further guidance on the role of the named person; the balance of support and protection regarding poverty and neglect; accessibility and usability of the guidance; inclusion of practice notes; expectations of timescales for implementation.

Feedback and proposed changes were considered by the Steering Group at every stage of the engagement process. Where there was agreement, the drafts were updated. Feedback along with rationale for decisions was then given to those who had provided comment. On 2 September 2021 the Scottish Government published a consultation report which included the independent analysis of consultation responses and engagement activity and the Scottish Government’s response.

The Scottish Government has invested over £11.5 million in the last three academic years, to support our commitment to introduce more than 80 additional counsellors in colleges and universities. We are well on our way to achieving this target.

Funding for the 2021-22 Academic Year has been set at £4.23 million, an increase of almost £0.6 million on last year’s budget.

Furthermore, we remain committed to the development of a Student Mental Health National Action Plan, which will address waiting times, ensure equity of access to counsellors, and embed mental health and wellbeing into the curriculum. We will be reforming the Student Mental Health and Wellbeing Working Group in February 2022 to help shape that Plan.

I recently met with Universities Scotland on 12 January 2022, to discuss the appropriate referral pathways for students across Scotland and specific challenges they may face in accessing support. At this meeting, we agreed that, as part of the development of a Student Mental Health and Wellbeing National Action Plan, representatives from NHS Health Boards, the higher education sector and representatives from Scottish Government will work to understand the specific needs of students and where improvements to student mental health support may be facilitated.

Whilst the Scottish Government supports the Accreditation Programme for Psychological Therapies Services, there is no requirement to make an application. The Scottish Government is developing a Psychological Therapies and Services standard for Scotland by June 2022 which is being developed with Stakeholders and those with lived experience. This will link very closely with the Psychological Therapies MATRIX for Scotland which is a stepped guide to planning and delivering evidence-based psychological therapies within NHS Boards in Scotland.

This will describe what good quality evidence based psychological care will look like for all ages, all levels of need, and in all settings (such as health, education, and prisons) and will describe not only what applied psychologists do but also the high standards expected of those delivering psychological therapies

Psychological therapies and psychological services across Scotland will then be expected to deliver care that meets this standard including quality and quantity of care delivered.

This is an option that the Scottish Government has considered in the past, but it was agreed that hotels were not suitable places to provide health and social care. For a facility to operate as a care home in Scotland, it must be registered with the Care Inspectorate. When registering a service, the Care Inspectorate will consider if the premises in which the proposed service will be provided is fit to be used for the intended purpose. In the case of using hotel rooms as care homes, it is likely the case that such premises would not be suitable to meet people's needs in a person centred way. We recently issued £40m for interim care to make use of spare capacity in settings that are able to provide care in this way

We also aim to create additional capacity in the community by scaling up the provision of Hospital at Home services and £500,000 has been specifically invested to support the creation of a Covid remote monitoring pathway which will support people to stay safe at home through the provision of remote monitoring kits and dedicated support teams.

Scottish Government officials contacted TATA Steel UK on 9 December 2021 to inform the company of its findings concerning the potential presence of State Aid with respect to 2016 transaction. Channels of communication between the Scottish Government and Tata Steel UK to facilitate dialogue remain open but it would not be appropriate to publish the detailed content of these commercially sensitive exchanges.

Since Ministers were informed of the potential presence of State Aid with respect to its 2016 contract with Tata Steel UK Scottish Government officials have engaged with (a) Tata Steel UK on the following occasions, 9-12-21; 10-12-21; 13-12-21; 14-12-21; 15-12-21; 24-12-21 and 12-1-22 and (b) Liberty Steel-GFG Alliance on the following occasions 9-9-21; 8-11-21; 15-12-21; and 24-1-22.

Channels of communication between the Scottish Government and relevant businesses remain open but it would not be appropriate to publish the detailed content of these commercially sensitive exchanges.

We have considered the compliance and disclosure risks associated with significant and complex transactions. This includes the high-profile interventions that the Scottish Government has supported in recent years as outlined in 2020-21 Annual Accounts.

These transactions have been reviewed and, on the basis of information available it remains the case that there was no state aid present in any of the transactions. We have also obtained assurances in respect of the appropriate recognition and disclosure of contingent liabilities.