Chamber and committees

The Scottish Government has not recently assessed the level of safeguarding in place regarding named persons defined under the Mental Health (Care and Treatment) (Scotland) Act 2003.

The Act allows the patient to have a right to choose whether to have a named person or not. The purpose of a named person is to allow someone to look after a patient’s interests when they are subject to compulsory care and treatment. However, where there are concerns that a person is not suitable to act as a named person then the Act allows for action to be taken. People, such as a patient’s mental health officer, a welfare attorney, a guardian, relatives or anyone who has an interest in the patients welfare, can apply to the Mental Health Tribunal to have a named person removed from the role if they feel that they are unsuitable.

The Scottish Mental Health Law Review made a number of recommendations regarding the operation of the named person provisions under the Act which the Scottish Government will give further consideration to as part of our response to the Review.

The overarching approach of the Mental Health (Care and Treatment) (Scotland) Act 2003 is one of safeguarding to ensure that the law and practice for those who require compulsory care and treatment are driven by core principles, particularly minimum restriction in individual liberty with the maximum benefit for the patient.

The 2003 Act has specific provisions for offences which include wilful neglect and ill-treatment. Any report of harm, ill-treatment or neglect by a person in a position of trust in hospital, or elsewhere, should be acted upon and passed to the relevant local authority’s health and social care services, as well as the police if criminality is suspected.

The Adult Support and Protection (Scotland) Act 2007 is intended to protect those adults who are unable to safeguard their own interests, who are at risk of harm and, because they are affected by disability, mental disorder, illness or physical or mental infirmity, are more vulnerable to harm than those who are not so affected.

The Code of Practice which accompanies the 2007 Act is clear that coercive control or undue pressure exercised over a vulnerable person may make them unable to make or action decisions that would protect them from harm. The safeguarding provisions of the 2007 Act could be applied in such cases providing they meet all of the 3 point criteria which define an adult at risk.

There have been no charges for using hospital car parks in Scotland since the start of the pandemic and the Scottish Government has no plans to reintroduce them.

The Scottish Government regularly talks to NHS Boards including NHS Lanarkshire and NHS Forth Valley regarding performance of services.

We do not hold any information about specific discussions regarding facture liaison services.

NHS Scotland takes a multidisciplinary approach to tackling Osteoporosis through Fracture Liaison Services. These services provide vital support in identifying factures and supporting patients requiring osteoporosis medications.

This is a long standing service which helps ensure patients also have access to consultants and pain specialists.

The Scottish Government recognises the importance of the Fracture Liaison Service audit and, have provided Public Health Scotland with funding to undertake a provisional organisational audit and scoping exercise.

Following completion of this scoping exercise the Scottish Government has advised the Royal Osteoporosis Society that the funding will be made available for a national fracture liaison service audit. The reporting timescale is expected to be finalised soon.

The statistics are disappointing, and we are working with NatureScot to identify the contributing factors. Key to progress will be tackling negative pressures in areas surrounding protected sites including the proliferation of invasive non-native species and overgrazing. Only through collaborative working at a landscape scale will negative pressures on protected areas be effectively tackled and biodiversity restored.

Later this year we will publish Scotland’s new Biodiversity Strategy. This will set out our vision to halt the loss of biodiversity by 2030 and restore and regenerate biodiversity by 2045. The delivery plan will include a range of actions in support of this vision including actions to drive landscape change and actions to expand, connect and improve our protected areas.

I refer the member to the answer to question S6W-18442 on 13 June 2023. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers

I refer the member to the answer to question S6W-18442 on 13 June 2023. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers

It is the responsibility of Integration Joint Boards (IJBs) to plan and commission adult palliative and end of life care services for their areas using the integrated budgets under their control. My officials are therefore engaged with Health and Social Care Partnerships and Scottish hospice sector representatives in relation to issues around funding.

I am meeting with the Scottish Hospice Leadership Group and Hospice UK on 13 September, and my officials continue to communicate and engage with hospice representatives meantime.